IN THE CASE OF:  	  

		BOARD DATE:  30 September 2014  	  

		DOCKET NUMBER:  AR20130022388 


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 adjustment of his promotion effective date to first lieutenant (1LT) to 13 November 2012 with back pay and allowances.

2.  The applicant states:

	a.  He is an infantry officer in the Missouri Army National Guard National (MOARNG).  His time in grade (TIG) was significantly affected by the slow tempo of his State's promotion process.  He was promotable to 1LT on 13 November 2012.  He was promoted on 13 November 2013, exactly 1 year after that date.  His promotion was backdated to 9 September 2013.

	b.  This still significantly hinders his TIG and career progression.  His officer evaluation reports (OER's) show him in great standing with his unit and there is absolutely no reason that his promotion should have been held up.

	c.  He was given several reasons for his promotion not happening in a timely manner.  One reason was because the way that second lieutenants (2LT's) were promoted to 1LT's was changed when his promotion was going through and it got kicked back to the beginning.  He was told several times that for months there was one signature on one piece of paper holding up his promotion.  Finally, he was told they were just waiting on Federal recognition.

3.  The applicant provides:

* promotion orders
* appointment orders
* DA Form 71 (Oath of Office)
* OER covering the period 13 May 2011 through 30 September 2012

CONSIDERATION OF EVIDENCE:

1.  On 13 May 2011, the applicant executed an oath of office as a Reserve commissioned officer in the rank of 2LT.

2.  On 13 May 2011, he executed oaths of office in the MOARNG and was granted temporary Federal recognition in the rank of 2LT.

3.  There is no evidence that the applicant received permanent Federal recognition as a 2LT from the National Guard Bureau (NGB) within the 6-month period required by ARNG regulations.  As a result, his temporary Federal recognition expired.

4.  MOARNG Orders 213-094, dated 1 August 2011, show he was appointed in the ARNG as a 2LT effective 31 May 2011.

5.  He completed the Infantry Basic Officer Leader Course (BOLC) on 6 October 2011.

6.  NGB Special Orders Number 9 AR, dated 9 January 2012, show the applicant was extended Federal recognition for initial appointment in the rank of 2LT effective 13 May 2011.

7.  MOARNG Orders 316-056, dated 12 November 2013, show he was promoted to 1LT effective 9 September 2013.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 8-7, is cited as the authority for this promotion.

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The opinion states:

	a.  The applicant was initially appointed in the MOARNG on 13 May 2011.

	b.  An email from the MOARNG, dated 11 August 2014, states the processing of the applicant's packet was held up for multiple administrative issues that were no fault of the applicant.

	c.  NGB Policy Memorandum Number 08-035, dated 25 November 2008, subject:  Reduction in the Time in Grade (TIG) Requirements for Promotion of Reserve Component Officers to First Lieutenant, authorizes all National Guard officers in the rank of 2LT on the Reserve Active Status List to be promoted with a minimum of 18 months of TIG.  2LT's may be promoted at 18 months of TIG provided they have completed BOLC and are otherwise qualified.  The effective date of promotion will not precede 19 August 2008.

	d.  The applicant would have been eligible for promotion to 1LT on 13 November 2012.  He completed BOLC on 6 October 2011.  The applicant should have been promoted to 1LT effective 13 November 2012.

	e.  The MOARNG concurs with this recommendation.

9.  The advisory official recommends:

	a.  amending MOARNG Orders 316-056, dated 12 November 2013, to show his effective date of promotion to 1LT as 13 November 2012;

	b.  amending Special Orders Number 9 AR, dated 9 January 2012, to show the applicant's initial appointment as 13 November 2012; and

	c.  paying him back pay and allowances that may be due as a result of this correction.

10.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  The applicant did not respond within the given time frame.

11.  Section II (Promotion to Fill Unit Vacancies), paragraph 8-7 (Eligibility for promotion) of National Guard Regulation 600-100 states to be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG commissioned officer must:

* be in an active status
* be medically fit and meet the height and weight standards
* have completed the minimum years of promotion service
* have completed the minimum military education requirements
* have completed the minimum civilian education requirements
* have passed an Army Physical Fitness Test within the time frame prescribed

12.  Title 32, U.S. Code, section 310, states that if a 2LT of the National Guard is promoted to the grade of 1LT to fill a vacancy in a Federally-recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of 1LT effective as of the date on which that officer has completed the service in the grade specified in section 14303(a)(1) of Title 10 and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended.

13.  Title 10, U.S. Code, section 14308(f), states 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 requests adjustment of his DOR to 1LT to 13 November 2012 with applicable back pay.

2.  The evidence shows he was granted temporary Federal recognition effective 13 May 2011 as a 2LT upon his initial appointment in the MOARNG.  He completed BOLC on 6 October 2011 and met the TIG requirement (18 months) on 13 November 2012.  Therefore, it would be equitable to correct his military records to show his effective date of promotion to 1LT is 13 November 2012 with a date of rank (DOR) of 13 November 2012.  It would also be equitable to show he was granted Federal recognition for promotion to 1LT effective 13 November 2012.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing he was promoted to 1LT with a DOR of 13 November 2012;

	b.  granting him Federal recognition in the rank of 1LT effective 13 November 2012; and

	c.  paying him any and all back pay and allowances due as a result of these corrections.



      ___________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)                                         AR20130022388



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ABCMR Record of Proceedings (cont)                                         AR20130022388



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