IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130001759
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 that his date of rank (DOR) for promotion to the rank of first lieutenant (1LT) be changed from 6 September 2012 to 13 November 2011 with entitlement to all back pay and allowances.
2. The applicant states, in effect, that he was eligible for promotion to the rank of 1LT on 13 November 2011 but was not promoted until 6 September 2012 because his unit incorrectly refused to submit the recommendation until he finished the Infantry Basic Officer Leader Course (IBOLC). He goes on to state that he was in the Early Commissioning Program (ECP) and was assigned to the Ordered to Active Duty Officer control group (OADO) and the applicable regulation (Army Regulation 135-155) states officers in the OADO who are transferred to the U.S. Army Reserve (USAR) Control Group preceding their promotion eligibility are not subject to the education requirements for promotion to 1LT.
3. The applicant provides a list of documents submitted with his application as page 6 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the New York Army National Guard on 13 July 2006 and served until he was honorably discharged on 13 May 2010.
2. On 14 May 2010 he was appointed as a second lieutenant (2LT) in the Massachusetts Army National Guard (MAARNG) and as a Reserve officer of the Army under the ECP and was assigned to the Control Group (OADO) effective 14 May 2010.
3. He completed his IBOLC on 6 September 2012 and was promoted to the rank of 1LT effective 6 September 2012 in Orders Number 318-120 issued by the MAARNG on 13 November 2012. He was granted Federal Recognition in NGB Special Orders Number 404 AR dated 21 November 2012.
4. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opines, in effect, that the applicant was not subject to the education requirements for promotion to the rank of 1LT and should have been promoted effective 13 November 2011. Officials at the NGB recommended that his DOR and effective date be corrected to show that he was promoted to the rank of 1LT effective 13 November 2011 with entitlement to all back pay and allowances. The advisory opinion was provided to the applicant and he concurred.
5. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides, in Table 2-2 (note 1), that officers assigned to Control Group (OADO) who are transferred to the Control Group (Annual Training) or the Selected Reserve preceding their promotion eligibility to 1LT are not required to meet the educational requirements for promotion to 1LT. Promotion to the rank of 1LT requires 18 months time in grade as a second lieutenant (2LT).
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a 2LT on 14 May 2010 and was immediately assigned to the Selected Reserve (i.e., the ARNG). The applicable regulation provides that promotion to the rank of 1LT requires 18 months time in grade and completion of BOLC. However, OADO officers and ECP participants may be promoted before completing the BOLC requirement.
2. The applicants 1LT promotion packet, through no fault of the applicant, was not prepared in a timely manner by the MAARNG. Consequently, his promotion to 1LT, which should have occurred on 13 November 2011, did not occur until 6 September 2012. Thus Special Orders Number 404 AR dated 21 November 2012 should be corrected to reflect a promotion date of 13 November 2011 with entitlement to all back pay and allowances that flow from this correction.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by amending MAARNG Orders Number 318-120 dated 13 November 2012 and NGB Special (Federal Recognition) Orders Number 404 AR dated 21 November 2012 to show he was promoted to 1LT and extended Federal Recognition effective 13 November 2011 with entitlement to all back pay and allowances that flow from this correction.
_______ _ __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) AR20130001759
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ABCMR Record of Proceedings (cont) AR20130001759
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