IN THE CASE OF

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130015111 


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 his date of rank (DOR) to captain (CPT) in the Texas Army National Guard (TXARNG) from 28 March 2013 to 1 September 2010.

2.  The applicant states while on active duty, he was selected to be promoted to CPT by the Fiscal Year 2010 (FY10) Captain Army Medical Department (AMEDD) Selection Board that was released on 1 July 2010.  Per Military Personnel (MILPER) Message Number 10-187, dated 13 July 2010, Subject: Promotion Numbers for August and September 2010, his sequence number had a promotion date of 1 September 2010.  His active duty contract ended on 2 August 2010 and his contract with the TXARNG began on 3 August 2010 with no break in service.  Coming from active duty to the ARNG, he was told his selection for promotion to CPT would be honored by the ARNG; however, it was not.  He tried to utilize the proper channels through his unit to get this fixed to no avail.  He had to wait almost 2.5 years to go through another Federal Recognition Board (FRB), which selected him for promotion with a DOR of 28 March 2013.

3.  The applicant provides MILPER Message Number 10-187 and a printout of selectees for promotion to CPT by the FY10 CPT AMEDD Selection Board Results.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Regular Army Medical Services (MS) officer and executed an Oath of Office on 2 August 2007.  

2.  He completed the AMEDD Basic Officer Leaders Course and he served in a variety of stateside or overseas assignments.  He was promoted to first lieutenant on 2 February 2009.

3.  He was selected for promotion to CPT by the FY10 AMEDD CPT Selection Board.  He was assigned Sequence Number 282.

4.  On 13 July 2010, MILPER Message Number 10-187 announced officer promotions to CPT during August and September 2010.  Officers with Sequence Number 277 through 317 would be promoted on 1 September 2010.

5.  He resigned his Regular Army commission and he was honorably discharged from active duty on 2 August 2010.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years and 1 day of active service.  He was appointed in the U.S. Army Reserve Control Group (Reinforcement).

6.  He was appointed as a 1LT in the TXARNG and executed an Oath of Office on 3 August 2010.  He was extended Federal recognition and assigned a 1LT DOR of 2 February 2009.

7.  He served in a variety of assignments including periods of active duty mobilizations.

8.  On 26 July 2013, the National Guard Bureau published Special Orders Number 185 AR extending him Federal recognition for promotion to CPT with an effective date and DOR of 28 March 2013.

9.  An advisory opinion was received from the NGB on 19 February 2014 in the processing of this case.  The NGB advisory official recommended disapproval and stated:

	a.  The applicant states his active duty Army contract ended on 2 August 2010 and his contract with the TXARNG began on 3 August 2010, with no break in service.  He continues by stating that while coming from active duty to the TXARNG, he was told his selection for promotion to CPT would be honored. Additionally, he states he had to wait almost two and half years to go through another Federal Selection Board.  He was promoted to CPT with a DOR of 28 March 2013.


	b.  According to the applicant, while on active duty, he was selected to be promoted to CPT on the FY10, AMEDD Selection Board.  He also states that per MILPER Message Number 10-87, his sequence number had a promotion date of 1 September 2010.

	c.  Upon coordination with the TXARNG, and an email, dated 31 December 2013, which states in part..."The Soldier did not submit a packet for promotion consideration to the FRB.  The State holds an FRB monthly for actions requested by officers that require Federal recognition at which point that board approves or disapproves the officer's request.  No documents have been produced at the State level showing a required valid promotion packet was submitted for or by the officer when he was initially appointed to the TXARNG.  The TXARNG has a required checklist for the submission of actions that require approval/disapproval by the FRB."  The enclosed email from the Soldier, dated 16 February 2014, confirms TXARNG statement.

	d.  The email continues by stating, "It is understood that the Soldier was told his selection would be honored from active duty, unless the Soldier has that information in writing, it would be difficult to validate.  Upon appointment into the TXARNG, the Soldier then became applicable to the rules and guidelines set forth in National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) for promotion purposes."

10.  The applicant was provided a copy of this advisory opinion on 21 February 2014 but he did not respond.

11.  Title 10, U.S. Code, section 14317(c) states an officer who is on the active duty list (ADL) and is on a promotion list and who before being promoted is removed from the ADL and placed on the reserve active status list (RASL) of the same armed force and in the same competitive category (including a regular officer who on removal from the ADL is appointed as a reserve officer and placed on the RASL) shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list established under this chapter.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides that the maximum time in grade (TIG) requirement for promotion from 1LT to CPT is 5 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was selected for promotion to CPT by the FY10 CPT AMEDD Selection Board.  However, prior to his promotion, scheduled for 1 September 2010, he was discharged from active duty on 2 August 2010.  As such, his name was removed from the ADL promotion list.  As he had no break in service, by law he should then have been placed on appropriate Reserve promotion list.

2.  He was appointed in the TXARNG and thus was scrolled in the rank of 1LT with a date of rank of 2 February 2009.  

3.  Based on the applicant's DOR for 1LT, his maximum TIG of 5 years would provide eligibility for promotion to CPT effective 2 February 2014.  However, the NGB published orders promoting him to CPT with an effective date and date of rank of 28 March 2013.  Therefore, the promotion by the NGB was to his advantage.

4.  There is insufficient evidence to support the applicant's request.  As such, there is insufficient evidence to grant him 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)                                         AR20130015111



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ABCMR Record of Proceedings (cont)                                         AR20130015111



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