IN THE CASE OF:
BOARD DATE: 26 November 2014
DOCKET NUMBER: AR20130005968
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 rank (DOR) for promotion to first lieutenant (1LT) in the Vermont Army National Guard (VTARNG).
2. She believes a delay in the request for her promotion has caused her to have a later date of rank. She completed the Basic Officer Leaders Course (BOLC) on 9 March 2012 and had 18 months as a second lieutenant (2LT) on 21 June 2012. She has been qualified in her duty position since the completion of BOLC.
3. The applicant provides:
* National Guard Bureau (NGB) Special Orders Number 199 AR, dated 29 August 2011
* DA Form 1059 (Service School Academic Evaluation Report), dated
9 February 2012
* a memorandum, dated 19 August 2008, from the Office of the Assistant Secretary, Manpower and Reserve Affairs, subject: Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to First Lieutenant
CONSIDERATION OF EVIDENCE:
1. She previously served 1 year, 10 months, and 24 days in the VTARNG in an enlisted status. She was appointed a 2LT in the VTARNG and took the oath of office on 21 December 2010.
2. On 29 August 2011, NGB published Special Orders Number 199 AR extending her Federal recognition for her initial appointment as a 2LT effective
21 December 2010. She was appointed a 2LT in the U.S. Army Reserve (USAR) on 21 December 2010.
3. A DA Form 1059 shows she attended the Engineer BOLC from 21 September 2011 through 9 March 2012. The form shows she marginally achieved course standards.
4. On 13 December 2012, she was promoted to 1LT in the USAR effective
20 December 2012.
5. There are no orders in her Army Military Human Resource Record (AMHRR) from the VTARNG promoting her to 1LT.
6. On 13 December 2012, the NGB published Special Orders Number 421 AR extending her Federal recognition for the purpose of promotion to 1LT in the VTARNG with an effective date of 20 December 2012.
7. National Guard Regulation 600-100 (Commissioned Officers, Federal Recognition and Related Personnel Actions), then in effect, stated a 2LT would be considered for promotion prior to reaching 2 years of commissioned service and would be extended Federal recognition in the grade of 1LT on the date he or she completes 2 years of time in grade provided they are fully qualified and recommended for promotion. Before a 2LT was recommended for promotion, a careful evaluation was to be made of the service as a commissioned officer to determine if continued service was warranted. Particular attention was to be given to any possible grounds for elimination such as demonstrated substandard performance, inaptitude, unfitness, and unsuitability.
8. NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, state "This memorandum establishes Department of the Army Policy authorizing Reserve Component 2LT's on the Reserve Active Status List to be promoted to 1LT with a minimum of 18 months of time in grade and completion of the BOLC, if otherwise qualified."
9. 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 (U.S.C.), in grade 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 President's authority to appoint military officers. All military officer appointments under section 12203 of Title 10, U.S.C., 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.
10. Title 10, U.S. Code, section 12203, provides that appointments of Reserve officers in the grades of lieutenant colonel and below shall be made by the President. This authority has been delegated to the Secretary of Defense via executive order.
DISCUSSION AND CONCLUSIONS:
1. Although it appears the applicant met the requirements for promotion to 1LT on 21 June 2012, promotion to 1LT in the VTARNG is a function of the State. There is no evidence that she was recommended for promotion to 1LT upon completing 18 months of time in grade. There are no orders published by the State promoting her to 1LT. The NGB extended her Federal recognition effective
21 December 2012.
2. In the absence of orders published by the State confirming she was eligible and recommended for promotion with an earlier date, there is insufficient evidence to grant her relief.
3. The only way that the date the applicant was granted Federal recognition to 1LT could be changed would be to show the Secretary of Defense approved her promotion on an earlier date. However, the ABCMR has no jurisdiction over Department of Defense records and therefore could not make that type of correction.
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) AR20130005968
2
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