IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130015535 


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) and effective date for promotion to captain (CPT)/pay grade O-3 from 1 July 2013 to 17 May 2012 with all back pay and allowances due as a result of the correction.

 2.  The applicant states the Pennsylvania Army National Guard (PAARNG) failed to advise him that college transcripts were required as part of the Unit Vacancy Promotion (UVP) packet.  He did not include a copy of his college transcripts with his UVP packet and, as a result, he was found to be ineligible for the UVP.  

	a.  He states he was eligible for promotion on 17 May 2012 and would have been promoted with Federal recognition (FEDREC) of his promotion; however, he was not promoted until 1 July 2013.

   b.  An Inspector General (IG) investigation found error on the part of the State and the PAARNG has implemented corrective actions to the UVP process.

3.  The applicant provides copies of the following documents:

* UVP Vacancy Announcement
* UVP Promotion Packet
* Personnel Action (Reassignment) Request
* IG Response
* FEDREC Orders


CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) from 9 February 2004 through 13 May 2007.

2.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant/pay grade O-1 on 14 May 2007 and extended FEDREC in the PAARNG.

   a.  He was promoted to first lieutenant/pay grade O-2 on 15 May 2009.

   b.  He completed the Basic Officer Leadership Course (BOLC) on 15 March 2010 and was awarded area of concentration (AOC) 19A (Armor).

3.  A review of the applicant's Army Military Human Resource Record (AMHRR) revealed the following:  

* Valley Forge Military College, Transcript of Academic Record, issued on 15 May 2007, that shows he completed an Associate of Arts Degree on 
14 May 2007
* East Stroudsburg University of Pennsylvania, Record of Transcript, issued on 12 July 2012, that shows he completed:

* a Bachelor of Arts Degree on 2 May 2009
* 9 graduate-level credits as of the end of the Spring  2011 semester

4.  The applicant was ordered to active duty in support Operation Enduring Freedom on 9 October 2012, he served in Kuwait from 5 December 2012 to
16 August 2013, and he was honorably released from active duty on 
20 September 2013.

5.  Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, Office of the Adjutant General, Annville, PA, memorandum, dated 1 July 2013, subject:  Eligibility for Promotion as a Reserve Commissioned Officer, notified the applicant that he was selected for promotion to CPT by the Army Promotion List Department of the Army (DA) Mandatory Board under the provisions of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers).  It shows that officers selected for promotion by the DA Board are considered fully qualified for promotion purposes.  He was also advised of his choices regarding the promotion.

6.  Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, Orders 207-1013, dated 26 July 2013, promoted to the applicant to CPT (O-3) effective and with a DOR of 1 July 2013.
The additional instructions show, in pertinent part, "Effective date of promotion in the ARNGUS will be the date permanent FEDREC orders are published."

7.  National Guard Bureau (NGB), Arlington, VA, memorandum, dated 31 July 2013, promoted the applicant as a Reserve commissioned officer of the Army to CPT (O-3) effective and with a DOR of 1 July 2013.

8.  NGB Special Orders Number 188 AR, dated 31 July 2013, announced the extension of FEDREC in the ARNG of the applicant's promotion to CPT (O-3)    effective 1 July 2013.

9.  In support of his application the applicant provides the following documents:

   a.  A memorandum, dated 4 May 2012, that shows CPT Joseph M. K------- , S-4, Headquarters and Headquarters Troop (HHT), 1st Squadron, 104th Cavalry, tendered his resignation as an officer of the PAARNG and as a Reserve of the Army effective 16 May 2012.

   b.  Headquarters, 1st Squadron, 104th Calvary (PAARNG), memorandum, dated 17 May 2012, that shows the commander recommended the applicant for promotion to grade O-3 based on assignment to the unit's S-4 position (paragraph/line 107/01).  The commander indicated the applicant met the minimum military and civilian education requirements and referred to the enclosed promotion packet.

    	(1)  UVP Checklist - Commissioned Officers, with enclosures, that are identified with a "bullet mark" on the checklist.

    	(a)  The Civilian Education (All/Any Grades, Minimum Baccalaureate Degree) does not show a "bullet mark."

    	(b)  The enclosures, including the applicant's Officer Record Brief, dated 
8 May 2012, and Personnel Qualification Record, dated 8 May 2012, show he held a Bachelor of Arts degree.

    	(2)  DA Form 67-9 (Officer Evaluation Report), covering the period 16 April 2011 through 22 January 2012, that shows the applicant was serving in the principal duty of S-4, HHT, 1st Squadron, 104th Cavalry.

   c.  Request for Transfer/Reassignment of Officer, dated 17 May 2012, and ACTBR Form 5 (PAARNG Officer Reassignment Request) that shows the commanding officer recommended approval of the applicant's request to transfer to the S4 duty position (paragraph/line 107/01), HHT, 1st Squadron, 
104th Cavalry Regiment, effective 18 May 2012.

   d.  PAARNG, Office of the IG, memorandum, dated 18 June 2013, to the applicant in response to his request concerning his CPT DOR and the UVP process.  The IG determined the applicant's UVP packet was not complete when it was submitted and at the time the position vacancy packet deadline was reached on 1 July 2012.  As a result, he was processed for the Mandatory DA Promotion Selection Board.  It also shows that NGB memorandum, dated 
22 December 2010, subject:  Effective date of FEDREC of Officers Selected for Promotion by Mandatory DA Promotion Selection Board, states the effective date of the State/Territory promotion order will not precede the approval date of the Mandatory DA Promotion Selection Board which selected the officer for promotion.  He was also informed that the civilian education requirements on the UVP Checklist were addressed and corrected, effective 1 May 2013, to reflect published guidance.

10.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNGUS and of commissioned and warrant officers of the USAR.  Chapter 4 (Processing Selection Board Recommendations), paragraph 4-21, provides that promotion of unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved, provided they are assigned to a position in the higher grade.  When the board approval is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher-graded position.

11.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Matters) provides procedures for processing all applications for Federal recognition and announces policy dealing with civilian and military education requirements for promotion.

	a.  Chapter 8 (Promotion for Other Than General Officers) shows the minimum requirements for promotion to CPT/O-3 are 2 years time in grade and completion of the BOLC.  Section II (Promotion to fill unit vacancies), paragraph 8-7 (Eligibility for promotion), provides that to be considered for FEDREC and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG commissioned officer must, in pertinent part, have completed the minimum civilian education requirements prescribed in chapter 9.
	b.  Chapter 9 (Civilian Education) provides that the minimum educational requirement for ARNG basic branch commissioned officers is a baccalaureate degree.  It also shows the officer is responsible for providing original/official ("raised seal") transcripts issued from the college/university directly to the Office of the Adjutant General.  Original/Official ("raised seal") transcripts need not be included in appointment/promotion packets.  However, the State Military Personnel Office will certify photocopies of transcripts for inclusion in appointment/promotion packets and records.

	c.  The regulation also shows that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was promoted to CPT (O-3) effective and with a DOR of 17 May 2012 because the PAARNG failed to advise him that college transcripts were required as part of the UVP packet.

2.  Records show the applicant was promoted to 1LT (O-2) on 15 May 2009 and he completed the BOLC on 15 March 2010.

3.  The evidence of record shows he completed his baccalaureate degree 2 May 2009 and a copy of the college transcripts are filed in his AMHRR.  However, the evidence of record also shows the college transcripts were issued on 12 July 2012.  Thus, it may be concluded that the transcripts were filed in his AMHRR subsequent to the submission of his UVP (dated 17 May 2012) and also after the UVP deadline (1 July 2012).

4.  The evidence of record also shows the applicant failed to make an entry regarding his civilian education on his UVP Checklist.  Thus, while his contention that the PAARNG failed to advise him that college transcripts were required as part of the UVP packet has merit, the applicant's failure to properly complete the civilian education portion of the checklist cannot be ignored.  More importantly, regulatory guidance shows that the officer is responsible for providing original/ official ("raised seal") transcripts issued from the college/university directly to the Office of the Adjutant General (emphasis added).  Based on the evidence of record, it may be concluded that he did not comply with this requirement.

5.  Thus, it appears the applicant failed in his responsibility to provide the required documentation and update his records in a timely manner.

6.  The evidence of record shows the applicant was selected for promotion to CPT (O-3) by a Mandatory DA Promotion Selection Board on 1 July 2013.  The effective date of promotion will not precede the approval date of the Board which selected the officer for promotion. 

7.  Records show the applicant was properly promoted and granted FEDREC of the promotion to CPT (O-3) effective and with a DOR of 1 July 2013.

8.  Therefore, in view of all of the foregoing, there is an insufficient basis for granting 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)                                         AR20130015535



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ABCMR Record of Proceedings (cont)                                         AR20130015535



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