BOARD DATE:	  4 June 2014

		DOCKET NUMBER:  AR20130015869 


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 to her promotion eligibility date (PED) to the rank/grade of first lieutenant (1LT)/O-2E (prior enlisted service) and captain (CPT)/O-3E.

2.  The applicant states she believes the record to be in error or unjust because "Date of rank to 2nd Lieutenant (2LT) recorded by the Texas Army National Guard [TXARNG] ‘2004 JUL 2,’ Memorandum for record dated 2008 OCT 27 ‘Civilian Education Requirements for Retention,’ Memorandum for record received on or about 2011 MAY 5 ‘Notification of non-selection for Promotion."  In effect, she states that her military records were not processed, updated, or corrected to reflect her accurate date of rank (DOR).

3.  The applicant provides:

* Diploma showing a Bachelor of Science degree
* College Transcripts
* Notification of Non-selection for Promotion to CPT (1st time)
* Memorandum titled "Civilian Education Requirements for Retention and Officer's Without Degrees Symposium"
* DA Form 67-9 (Officer Evaluation Report) for the rating period 20100427 through 20110406 and 20080303 through 20090302
* Nonrated Time Statement
* DA Form 1059 (Service School Academic Evaluation Report)
* Certificate and DA Form 638 (Recommendation for Award) for award of the Bronze Star Medal
* DA Form 705 (Army Physical Fitness Test Scorecard)
* Multiple DA Forms 71 (Oath of Office – Military Personnel)
* Multiple National Guard Bureau (NGB) Forms 337 (Oaths of Office)
* Orders 280-047 (active duty)
* Hurricane Katrina Certificate
* Orders 138-004 (active duty for training (ADT))
* Orders 259-1012 (appointment)
* Orders 297-020 (separation from the ARNG)
* Orders 212-008 (appointment)
* Orders 066-056 (attachment)
* Multiple DA Forms 78-R (Recommendation for Promotion to 1LT/CW2)
* Sworn statement
* Congressional correspondence

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the U.S. Air Force from February 1993 to March 2001 and in the DCARNG from April 2001 to August 2002, the applicant was appointed as a Reserve commissioned officer of the DCARNG in the rank of 2LT and executed the oath of office on 4 August 2002.

2.  She was honorably separated from the DCARNG in the rank of 2LT on 1 November 2003 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

3.  She was appointed as a 2LT, Quartermaster Corps, in the TXARNG and executed an oath of office on 2 July 2004.  She was assigned to the 449th Aviation Support Battalion, San Antonio, TX.  She was awarded a Bachelor of Science degree on 21 October 2005. 

4.  She attended and completed the Quartermaster Basic Officer Leader Course (BOLC) at Fort Lee, VA, from 24 October 2005 to 16 February 2006.  She was issued a promotion memorandum to 1LT, effective 16 February 2006. 

5.  On 9 June 2006, the NGB published Special Orders (SO) Number 147 AR extending her Federal recognition for promotion to 1LT with an effective date and DOR of 16 February 2006.

6.  She entered active duty on 3 March 2008 in support of contingency operations – active duty operational support.  She was honorably released from active duty on 9 July 2009.

7.  She resigned from the ARNG and she was honorably separated from the TXARNG on 9 December 2009.  She was transferred to a troop program unit of the USAR.  Her ARNG Federal recognition was withdrawn.

8.  She was appointed as a Reserve commissioned officer in the rank of 1LT of the Army and executed an oath of office on 9 December 2009.

9.  In 2011, she received her Notification of Non-selection for Promotion (1st time) to CPT Memorandum.  This memorandum notified her that a Department of the Army Reserve Components Mandatory Selection Board considered her for promotion to CPT but did not select her.

10.  She entered active duty on 17 April 2010 and subsequently served in Afghanistan from 30 April 2010 to 10 April 2011.  She was honorably released from active duty on 27 September 2011.

11.  She was considered by the Fiscal Year (FY) 2012 CPT Army Promotion List for promotion to CPT and she was selected.  The approval date for this promotion board was on 15 February 2012.

12.  On 1 March 2012, the U.S. Army Human Resources Command published Orders B-03-201480 promoting her to CPT with an effective date and DOR of 15 February 2012.

13.  On 15 May 2014, an advisory opinion was received from the NGB in the processing of this case.  An NGB official recommended partial approval.  The official summarized the applicant's request as a correction of her DOR to 1LT and retroactive promotion to CPT.  He stated: 

	a.  The applicant states her military records were not processed, updated, or corrected to reflect her accurate DOR.  She provided copies of her baccalaureate degree from 21 October 2005 and non-rated periods from May 2004 to October 2005 and February 2006 to February 2008 that she presented to her unit for the Department of the Army (DA) FY 2010 CPT promotion board.  The DA FY 2011 CPT promotion board for the Reserves non-selection for promotion notification she received was not dated and did not indicate a reason for her not being selected.  However, she did receive a memorandum dated 27 October 2008, stating that she did not meet civilian education requirements necessary for not only promotions but ultimately for retention as a commissioned officer.

	b.  The timeline of events in this case is as follows:

		(1)  On 4 August 2002, she was initially appointed a 2LT in the DCARNG per Oath of Office-NGB Form 337, DA Special Order Number 228 AR, dated 20 August 2002.

		(2)  On 1 November 2003, she transferred from the DCARNG to the USAR per DCARNG Order Number 297-020, dated 24 October 2003.

		(3)  On 02 July 2004, she was appointed as a 2LT in the TXARNG per Oath of Office-NGB Form 337 and DA Special Order Number 248 AR, dated 8 October 2004.

		(4)  On 4 August 2004, she met the time-in-grade requirement for promotion from 2LT to 1LT, but had not completed, BOLC for military education requirements.  She was not promoted to 1LT because in accordance with National Guard Regulation NGR) 600-100 (Commissioned Officers, Federal Recognition and Related Personnel Actions), paragraph 8-9(a) states "the minimum military education requirements for promotion to 1LT and CPT is any officer basic course…" 

		(5)  From 13 May 2005 to 30 September 2005, she was on active training (ADT) orders per TXARNG Order Number 138-004.

		(6)  From 1 October 2005 to 21 October 2005, she was on active duty special work (ADSW) orders per 280-047.

		(7)  On 21 October 2005, she completed a bachelor’s degree per her college transcript.

		(8)  On 23 October 2005, she started Officer Basic Course (OBC) per her DA Form 1059.

		(9)  On 16 February 2006, she completed OBC per her DA Form 1059.

		(10)  On 16 February 2006, she was promoted to 1LT per DA Special Order Number 147 AR, dated 9 June 2006, the same date she completed OBC.

		(11)  Based on review of the documents presented and the materials provided, there is no evidence of error or injustice for her promotion date to 1LT on 16 February 2006.  It is correct.  Coordination of this review was conducted by the NGB Personnel Actions Branch and NGB DA Boards.  

		(12)  On 3 November 2009, the FY 2010 DA CPT Army Promotion (APL) Board convened per Military Personnel Message Number 09-161, dated 9 July 2009.

		(13)  On 9 December 2009, she transferred to the USAR per DA Order Number 302 AR, dated 14 December 2009 and TXARNG Orders Number      344-1003.

		(14)  She was non-selected by the DA FY 2010 CPT for the ARNG.  She was in the primary zone of consideration.  She was non-selected by this board due to her record not showing civilian education. 

		(15)  Records show she was military and civilian educationally qualified at that time; however, her documentation did not appear in her IPERMS until 22 October 2010, per coordination with NGB IPERMS Branch records. 

		(16)  She was non-selected for promotion (1 time) to CPT from FY 2011 CPT Board for Reserves.

		(17)  She was selected for promotion to CPT from the FY 2012 CPT Board for Reserves. 

		(18)  She is now in the USAR.  Since making their FY 2012 DA CPT promotion list, she has been promoted to CPT as of 15 February 2012, per Order Number B-03-201480, dated 01 March 2012.

		(19)  The recommendation to grant her relief by backdating her DOR promotion to CPT should be pursued through her current component in the USAR.  

		(20)  The TXARNG concurs with this recommendation.

7.  On 15 May 2014, a copy of the advisory opinion was forwarded to the applicant for her comments.  She did not respond. 

8.  Army Regulation 135-155 (Army National Guard and Army Reserve – Promotion of Commissioned Officers and Warrant Officer Other than General Officers) prescribes the policies and procedures for the promotion of Reserve Component officers.  It states that for promotion from 1LT to CPT, the minimum number of years in the lower grade is 2 years and the maximum number of years in the lower grade is 5 years.  Paragraph 4-21 states that in no case will the date of rank or effective date of promotion be earlier than the date the board is approved.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially appointed as a 2LT in the DCARNG on 4 August 2002.  She was separated from the ARNG on 1 November 2003 and she transferred to the USAR.  She was again appointed as a 2LT in the TXARNG on 2 July 2004.  She met the time in grade requirement for promotion to 1LT on 4 August 2004, but had not completed BOLC.  

2.  She attended and successfully completed BOLC on 16 February 2006.  Accordingly, she was promoted to 1LT on 16 February 2006.  This is the correct date she was eligible for promotion to 1LT.  Based on a review of the documents presented and the material provided, there is no evidence of error or injustice for her promotion date to 1LT on 16 February 2006.  

3.  It appears she was not considered educationally qualified for consideration by the DA FY 2010 CPT Board.  Although she provided documentation that confirms she was educationally (civilian and military) qualified, her documentation was not in her official records until October 2010, after the convene date of the promotion board.  It does not appear she exercised due diligence.

4.  She was considered by the DA FY 2011 CPT Board but she was not selected for promotion.  The reason for her non-selection is unknown since promotion boards do not divulge the reason for non-selection.

5.  Finally, she was considered by the DA FY 2012 CPT Board which selected her for promotion.  She was issued an order on 1 March 2012 promoting her to CPT effective 15 February 2012, the date the promotion board was approved.

6.  After a comprehensive review of her records and the evidence she provides, there does not seem to be an error or an injustice in her promotion to 1LT or CPT.  Therefore, there is no basis for granting the applicant's 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)                                         AR20130015869



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