IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130002289
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 correction of her date of Federal recognition as a second lieutenant (2LT) to 25 September 2010 and promotion to the rank of first lieutenant (1LT) effective 25 March 2012.
2. The applicant states she was appointed and took her oaths of office as a 2LT on 25 September 2010; however, her Federal recognition packet was not submitted in a timely manner. It was not discovered that she had not been Federally recognized in the rank of 2LT until she was eligible for promotion to 1LT. Her packet was resubmitted, but it was approved for Federal recognition on 17 July 2012 instead of 25 September 2010.
3. The applicant provides a memorandum from her personnel officer explaining her circumstances, copies of her Federal recognition and promotion orders, Proceedings of a Federal Recognition Examining Board, DA Form 1059 (Service School Academic Evaluation Report), and her oaths of office.
CONSIDERATION OF EVIDENCE:
1. On 14 September 2010, a Federal Recognition Examining Board recommended granting the applicant Federal recognition as a Signal Corps 2LT in the Ohio Army National Guard (OHARNG). The applicant executed her oaths of office on 25 September 2010 and was assigned as an executive officer of a signal detachment.
2. The applicant completed the Signal Basic Officer Leader Course at Fort Gordon, Georgia, on 25 January 2012 and was promoted to the rank of 1LT on 25 March 2012.
3. Special Orders Number 22 AR issued by the National Guard Bureau on 23 January 2013 granted the applicant Federal recognition as her initial appointment in the rank of 2LT effective 17 July 2012.
4. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
5. Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum, Subject: Redelegation of Authority under Executive Order 12396, dated 9 December 1982, to appoint officers under section 624 of Title 10, U. S. Code, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the Presidents authority to appoint military officers. All military officer appointments under section 12203 of Title 10, U. S. Code, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005, shall also be submitted to the Secretary of Defense.
6. Title 10, U. S. Code, section 1552(a)(1), allows the Secretary of a military department to correct any military record of the Secretarys department when the Secretary considers it necessary to correct an error or restore an injustice.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed her original oaths of office as a 2LT on 25 September 2010 and for reasons that are not fully explained in the available records, her application for permanent Federal recognition was not timely forwarded to the appropriate authorities for final action and she was not granted Federal recognition until 17 July 2012.
2. As a result, the applicants permanent Federal recognition has been unduly delayed through no fault of the applicant. Consequently, the applicants permanent Federal recognition and subsequent promotion to the rank of 1LT
have been unnecessarily delayed and could possibly result in a recoupment of pay.
3. However, had the application for permanent Federal recognition been properly and timely processed, the applicants date of rank for 2LT would have been 25 September 2010 and her date of rank for promotion to the rank of 1LT would have been 25 March 2012.
4. The only way that the date the applicant was granted Federal Recognition to 1LT could be changed would be to show that the Secretary of Defense approved her promotion on an earlier date. However, the Army Board for Correction of Military Records has no jurisdiction over Department of Defense records and therefore could not make that type of correction.
5. While the Board has no jurisdiction to change the effective date of her promotion to 1LT it could correct her date of rank for promotion to 1LT.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X____ __X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by showing she was granted Federal recognition as a 2LT effective and with a date of rank of 25 September 2010 and showing she was granted Federal recognition in the rank of 1LT with a date of rank of 25 March 2012.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to changing her effective date of promotion to 25 March 2012.
__________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) AR20130002289
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ABCMR Record of Proceedings (cont) AR20130002289
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