IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021381
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his date of rank (DOR) for captain be adjusted to
22 June 2012.
2. The applicant states his DOR should be adjusted to 22 June 2012 per his state promotion orders.
3. The applicant provides a copy of his state promotion orders.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a second lieutenant in the ARNG on 11 July 2008. He was promoted to first lieutenant on 11 January 2010.
2. Texas State orders, dated 25 June 2012, show he was promoted to captain effective 22 June 1012.
3. National Guard Bureau (NGB) Special Orders Number 380 AR, dated
24 October 2012, awarded him permanent Federal recognition for promotion to the rank of captain effective 17 October 2012.
4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommends disapproval of the applicant's request to adjust his DOR because his promotion to captain was Federally Recognized with an effective date of 17 October 2012. The advisory official states:
a. although he was promoted by the State of Texas to captain on 22 June 2012, his promotion was Federally Recognized with an effective date of
17 October 2012.
b. the Federal Recognition effective date takes precedence over the effective date of the State promotion order.
c. per Title 10, U.S. Code, section 14308(f), "The effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended." This applies to the applicant because he is eligible for Federal recognition in accordance with Title 32, U.S. Code, section 307.
5. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
6. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing, in part, the appointment, Federal Recognition, and separation of commissioned officers of the ARNG. Paragraph 8-2 states the effective date of promotion for an ARNG commissioned officer who is promoted in the State is the date the Chief, NGB extends Federal Recognition unless otherwise provided by law.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DOR for captain be adjusted to 22 June 2012.
2. Evidence shows he was appointed as a second lieutenant in the ARNG on
11 July 2008 and he was promoted to first lieutenant on 11 January 2010.
3. Although he was promoted by the State of Texas to captain on 22 June 2012, as part of the promotion process he had to be granted Federal Recognition in the grade of captain. He was granted Federal Recognition for promotion to captain effective 17 October 2012. Therefore, there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________x____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120021381
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ABCMR Record of Proceedings (cont) AR20120021381
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