BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130012647 


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 adjustment of her effective date of promotion to captain (CPT) in the Michigan Army National Guard (MIARNG) from 2 May 2013 to 3 July 2012.

2.  The applicant states her date of appointment by direct commission to first lieutenant (1LT), Army Nurse Corps (ANC), was 18 August 2011.  She was given constructive service credit (CSC) for her years of civilian nursing.  She was also awarded CSC for educational hours obtained toward her Master of Science in Nursing degree.  Her date of rank (DOR) to 1LT was backdated to 5 April 2010.  She completed the Basic Officer Leader Course (BOLC) on 2 July 2012 and should have been promoted shortly thereafter.

3.  The applicant provides:

* Orders 238-002 for appointment in the ARNG
* DA Form 5074-1-R (Record of Award of Entry Grade Credit – Health Services Officer)
* Orders 035-32904 for promotion to CPT
* BOLC Diploma
* promotion memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the MIARNG in the rank of 1LT and executed the oaths of office on 18 August 2011.

2.  In connection with her appointment, a DA Form 5074-1 was initiated on 24 October 2011.  This document shows she received 2 years, 9 months, and 23 days of CSC for her professional experience.  She required 1 year and 6 months for entry as a 1LT.  Consequently, the excess credit of 1 year, 3 months, and 23 days was applied to and adjusted her DOR to 5 April 2010.

3.  She completed the Army Medical Department (AMEDD) BOLC at Fort Sam Houston, TX, on 2 July 2012.

4.  On 31 January 2013, a Federal Recognition Board (FRB) was held by the MIARNG to determine if the applicant was qualified to be awarded Federal recognition for promotion to CPT.  The proceedings indicated the applicant was satisfactory in her physical qualifications, moral character, and general qualifications.  She was qualified for appointment in the grade of CPT.

5.  On 4 February 2013, the MIARNG published Orders 035-329 promoting her to CPT effective 31 January 2013.

6.  On 13 May 2013, the National Guard Bureau (NGB) published Special Orders Number 121 AR extending Federal recognition for promotion to CPT with an effective date and DOR of 2 May 2013.

7.  An advisory opinion was received from NGB on 6 September 2013 in the processing of this case.  NGB recommended disapproval of the applicant's request and stated:

	a.  Documentation shows the applicant was assigned to the MIARNG effective 18 August 2011.  The DA Form 5074-1-R shows she was assigned a DOR of 5 April 2010 at the time of her appointment.  In a memorandum, dated 22 August 2013, the MIARNG states she met the time-in-grade requirement on 5 April 2012, but she had not completed BOLC nor had she been on the Reserve Active Status List (RASL) for 1 year.  She completed BOLC on 2 July 2012 and met the 1-year requirement of being on the RASL on 18 August 2012.

	b.  Army Regulation 135-155 (ARNG and Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-5a, states to be eligible for consideration for promotion to the next higher grade, an ARNG officer must have continuously performed service on either the RASL or the Active Duty List (ADL) (or a combination of both lists) during the 1-year period ending on the convening date of the promotion board and must meet the TIG requirements in table 2-1 or 2-3, as appropriate.

	c.  The applicant's unit recommended her for a unit vacancy promotion (UVP) on 3 November 2012.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 8-1, states:  "The promotion of officers in the ARNG is a function of the State."  The Soldier was assigned as excess.  The MIARNG memorandum indicates the applicant's unit reassigned her effective 6 November 2012.  ARNG Chief Surgeon's Office Policy Memorandum Number 11-064, dated 9 November 2010, subject:  AMEDD Officer Personnel Management Guidance, states, in part, "AMEDD officers may be promoted in a position that has excess personnel assigned against it, provided the individual [who] is being promoted is the primary holder of the position."  At the time in question, the applicant was not the primary holder of the position; there were two other officers assigned to the same paragraph/line number.  She did not have a Department of the Army photograph which furthered delayed the submission of her promotion packet.  She took her official photograph on 8 November 2012.  Her promotion packet was successfully boarded at the State level on 1 January 2013.  MIARNG Orders 035-329, dated 4 February 2013, promoted her to CPT effective 31 January 2013.  Once the NGB Federal Recognition Section received the packet, it was processed and the Soldier was Federally recognized as a CPT effective 2 May 2013.

	d.  Taking into account the approximately 90 days needed for a UVP packet to go through the necessary approval channels, the applicant's current promotion effective date falls within or near this time line.  At a minimum, consideration can be given to amending the applicant's DOR in the Standard Installation/Division Personnel System at the State level to 31 January 2013, which would be applicable when the Soldier could be considered for promotion to the next grade/rank.  Eligibility for promotion does not mean automatic promotion to the next highest grade.  National Guard Regulation 600-100, paragraph 8-2, states, in part, promotion criteria will be based on efficiency, time in grade, time in commissioned service, demonstrated command and staff ability, military and civilian education, and potential for service in the next higher grade.  Promotion will not be used solely as a reward for past performance.

8.  The applicant was provided with a copy of this advisory opinion on 10 September 2013, but she did not respond within the allotted time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a 1LT in the MIARNG on 18 August 2011 with a DOR OF 5 April 2010.  She completed BOLC on 2 July 2012.  The earliest she would have met the criteria for promotion (completion of BOLC and 1 year on the RASL) would have been 18 August 2012.

2.  Her commander recommended her for a UVP in November 2012.  However, she was in an excess position at that time.  She was not moved to a valid position until January 2013.  As such, her promotion packet was boarded by the State FRB in January 2013 and she was extended Federal recognition in May 2013 with an effective date and DOR of 2 May 2013.  Her effective date of promotion and DOR seem reasonable and are within the 90 to 120 days needed to process Federal recognition orders by NGB.

3.  In view of the foregoing evidence, the applicant is not entitled to 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 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)                                         AR20130012647



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ABCMR Record of Proceedings (cont)                                         AR20130012647



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