BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130020532
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 that her date of Federal Recognition for promotion to the rank of captain (CPT) be changed from 2 May 2013 to 24 January 2013.
2. The applicant states that her state published orders promoting her to the rank of CPT effective 24 January 2013; however, her Federal Recognition orders show she was promoted and granted Federal Recognition on 2 May 2013.
3. The applicant provides a copy of her State orders promoting her to CPT.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a second lieutenant in the Ohio Army National Guard (OHARNG) on 17 April 2008. She was promoted to the rank of first lieutenant (1LT) on 2 December 2010.
2. On 24 January 2013, orders 024-987 published by the OHARNG promoted her to the rank of CPT effective 23 January 2013. The orders specified that the effective date of promotion and date of rank would be the date that the National Guard Bureau extended Federal Recognition.
3. On 13 May 2013, Special Orders Number 121 AR published by the National Guard Bureau granted the applicant Federal Recognition for promotion to CPT effective 2 May 2013.
4. Title 10, U.S. Code, section 12211 (Officers: ARNG of the United States) states when an officer of the ARNG to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the ARNG of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to the rank of CPT by the OHARNG on 23 January 2013. The NGB issued her Federal recognition orders for promotion to CPT effective 2 May 2013 despite her having met promotion qualification on 23 January 2013.
2. For reasons that are not fully explained in the available records, it appears that her application for permanent Federal recognition was not acted on by the appropriate authorities in a timely manner. As a result, the applicant's permanent Federal recognition was unduly delayed through no fault of the applicant.
3. Accordingly, it would be in the interest of justice at this time to correct the applicant's records by changing her DOR from 2 May 2013 to
23 January 2013. However, the change by the Board will not entitle the applicant to any additional pay and allowances or a change to her effective date.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x__ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the applicants DOR for promotion to CPT to 23 January 2013.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing her effective date and date of Federal Recognition for promotion to the rank of CPT.
_______ _ 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) AR20130020532
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