IN THE CASE OF:	   

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130017222 


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, in effect, an adjustment of his date of rank (DOR) to captain (CPT)/O3 in the Maryland Army National Guard (MDARNG) from 3 July 2013 to either February or April 2013.

2.  He states, in effect, he returned from a deployment in August 2012, but due to the military reintegration policy he was not eligible to transfer into an O3 slot at his new unit until 90 days after he returned, which would have been November.  It took a couple of months for the transfer to go through and although his packet was completed, with the exception of a paragraph and line number, it could not be submitted.  It was not officially submitted until February 2013, which was when the transfer was finally completed.  Therefore, he requests at a minimum that his effective date of promotion be backdated to reflect his date of eligibility into the new unit or at worst, the date of his State recognition.

3.  He provides Orders:

* HO-264-0028, dated 21 September 2011
* HO-094-0040, dated 4 April 2013
* 228-1087, dated 16 August 2012
* 041-004, dated 10 February 2013

CONSIDERATION OF EVIDENCE:

1.  After having prior service as an enlisted Soldier in the ARNG, on 22 May 2008 he executed an oath of office as a Reserve commissioned officer in the rank of second lieutenant and was granted Federal recognition by the ARNG.  He attended and completed the Signal Basic Officer Leadership Course from 
30 June to 22 October 2010.  He was promoted to 1LT on 22 October 2010.  

2.  On 24 August 2011, he was ordered to active duty in support of Operation New Dawn.  He served in Kuwait/Iraq from 8 October 2011 to 10 August 2012 and he was honorably released from active duty on 8 September 2012.  His
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his last duty assignment as the 1204th Combat Support Battalion.

3.  Orders 041-004, dated 10 February 2013, show the applicant was reassigned from Company C (Signal), 1204th Aviation Support Battalion to Headquarters and Headquarters Company, 1st Battalion, 224th Aviation (Security and Support) Battalion.  The effective date was listed as 7 February 2013.  

4.  His record is void of any evidence that shows he was in an O3 position. 

5.  On 17 March 2013, he was ordered to active duty in support of Operation Joint Guardian.  

6.  Orders 108-039, issued by MDARNG promoted him to CPT/O3 with an effective date and DOR of 18 April 2013.  Additional instructions stated that the effective date of his promotion would be the date permanent Federal Recognition orders were published.

7.  Special Orders Number 169 AR, dated 10 July 2013, issued by the National Guard Bureau granted him Federal Recognition for his promotion to CPT in the ARNG with an effective date and DOR of 3 July 2013.

8.  He served in Kosovo from 21 April 2013 to 14 January 2014.  He was honorably released from active duty on 14 March 2014.

9.  Per Title 10, U.S. Code, section 1552, the Army Board for Correction of Military Records acts on behalf of the Secretary of the Army in correcting Army records.  This statute does not provide the Board with authority to correct a determination reserved under law to the Secretary of Defense.

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the ARNG of the United States and commissioned and warrant officers of the U.S. Army Reserve.  Table 2-1 (Time in Grade Requirements for Commissioned Officers, Other Than Commissioned Warrant Officers) of this regulation outlines the service requirements for promotion and indicates that for promotion to CPT the minimum years in the lower grade is 2 years and the maximum years in the lower grade is 5 years.

11.  Army Regulation 135-155 also specifies that the unit commander will initiate position vacancy promotion procedures and forward a memorandum listing all unit officers eligible for promotion consideration.  The memorandum will include the following information:  rank of position, branch, area of concentration, position title, unit, Unit Identification Code, location of unit, table of organization and equipment/table of distribution and allowances number, PARA (paragraph)/LINE number, and date of position vacancy.  

12.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal recognition of ARNG commissioned officers.  Chapter 8 provides for promotions.  It indicates that unit vacancy promotions of qualified officers are based on the recommendations of the member's immediate commander, properly endorsed by all commanders concerned and the Adjutant General.  It also provides procedures for processing all applications for Federal recognition by the NGB. 

13.  Title 10, U.S. Code, section 14308(f) states that the effective date of a promotion of a Reserve commissioned officer in the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his promotion effective date and DOR to CPT should be adjusted from 3 July 2013 to either February or April 2013 was carefully considered.  However, there is insufficient evidence to support this request.

2.  The applicant's DOR to 1LT is 22 October 2010.  The earliest he would have qualified for consideration for promotion would have been 22 October 2012.  By regulation, an officer must meet all promotion requirements and a promotion packet containing all required documents must be forwarded to the Chief, NGB.  The effective date of a promotion will be the date Federal recognition in the higher grade is extended.  




3.  The evidence of record shows he was extended Federal Recognition on 
3 July 2013.  Based on a review of the documents presented and the material provided, there is no evidence of error or injustice for his promotion date to CPT. Therefore, no effective relief can be granted.  

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)                                         AR20130017222



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ABCMR Record of Proceedings (cont)                                         AR20130017222



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