IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20130020966
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 his date of rank (DOR) for promotion to the rank of lieutenant colonel (LTC) be changed to 1 October 2012 or 8 April 2013.
2. The applicant states his DOR for promotion to the rank of LTC should be changed to either 1 October 2012, the date he assumed command or 8 April 2013, the estimated date of the board results without a delay. On both of the dates requested he met all promotion requirements other than Federal Recognition and since the administrative delay in Federal Recognition was through no fault of his own, his DOR should be changed to an earlier date.
3. The applicant provides a one-page memorandum explaining his application; a North Carolina Army National Guard (NCARNG) "TAG" Approved Career Management Board (CMB) Actions List, dated 12 April 2012; an email message advising him to submit his promotion packet; orders assigning him as a commander; and promotion and Federal Recognition orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the pay grade of E-6 as a fire direction specialist in the NCARNG when he completed Officer Candidate School and was commissioned as a field artillery second lieutenant in the NCARNG on 1 August 1998.
2. He has continued to serve in the NCARNG and in October 2001 entered into the Active Guard Reserve (AGR) Program under Title 32, U.S. Code. He was promoted to the rank of major on 20 June 2007.
3. On 1 October 2012, the applicant was assigned as the battalion commander of the 30th Special Troops Battalion in Durham, North Carolina, where he served for 2 years.
4. During the period 8 to 25 January 2013, the LTC Army Promotion List Board convened which is the board the applicant appeared before. Military Personnel (MILPER) Message 13-157 announced an administrative delay of the results of that board until around mid September 2013. On 3 October 2013, the results of the Department of the Army LTC results were approved and released.
5. On 25 October 2013, National Guard Bureau (NGB) memorandum promoted the applicant to the rank of LTC effective 3 October 2013.
6. Special Orders Number 296 AR published by the NGB granted Federal Recognition to the applicant in the rank of LTC effective 3 October 2013.
7. In the processing of this case a staff advisory opinion was provided by the NGB which recommends disapproval of the applicants request and explains that in accordance with Army Regulation 135-155, paragraph 4-21, in no case will the DOR or effective date of promotion be earlier than the date the board is approved, or if required, the date of Senate confirmation. The advisory opinion was provided to the applicant for information and comment and to date, no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOR for promotion to the rank of LTC should be changed to 1 October 2012 or 8 April 2013 has been noted.
2. The applicant was selected for promotion to the rank of LTC by a board and the results of the board were not approved until 3 October 2013; the applicant was given a DOR of the same date.
3. While it is indeed unfortunate that the board results were delayed for release, that in of itself does not constitute an error or injustice as all of the individuals on that list were affected in the same manner.
4. The governing regulation provides that promotions cannot take effect prior to the date the board results are approved. In the applicants case, he was given the earliest DOR he could have received under the circumstances.
5. Accordingly, there appears to be no basis to grant his request for an earlier DOR and effective date of promotion.
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) AR20130020966
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