IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140001570
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), his effective date of appointment to second lieutenant (2LT), and his promotion date to first lieutenant (1LT) be adjusted to an earlier date.
2. The applicant states, in effect, that he was appointed as a 2LT in the Ohio Army National Guard (OHARNG) on 14 August 2010. He was at Fort Bliss, Texas anxiously awaiting his promotion to 1LT. His orders were published promoting him to 1LT effective 14 February 2012 and he understood there would be a 2 3 month delay in Federal Recognition but he would receive back pay. While in Afghanistan he discovered that his packet had been returned to the State, and Federal Recognition had not been granted for his appointment to 2LT. As a result, the State had to resubmit his original application for Federal Recognition to 2LT and then to 1LT, which delayed his promotion to both ranks by 16 months. His new DOR to 2LT is now 15 December 2011 and his DOR to 1LT is now 15 June 2013, which has denied him pay and allowances for 16 months. Accordingly, his DOR and date of Federal Recognition should be corrected to show he was appointed to 2LT on 14 August 2010 and to 1LT on 14 February 2012, with entitlement to all back pay and allowances.
3. The applicant provides a list of attachments to his application on page 6 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a 2LT in the OHARNG on 14 August 2010 and for reasons not explained in his official records, on 15 December 2011, he was again appointed as a 2LT and granted Federal Recognition in the OHARNG.
2. The applicant was promoted to the rank of 1LT on 14 February 2012 and on 15 June 2013, he was granted Federal Recognition as a 1LT with a DOR of
15 June 2013.
3. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
4. Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum, subject: Redelegation of Authority under Executive Order 12396, dated 9 December 1982, to appoint officers under section 624 of Title 10, U. S. Code, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the Presidents authority to appoint military officers. All military officer appointments under section 12203 of Title 10, U.S. Code, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005, shall also be submitted to the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed his original oath of office as a 2LT on 14 August 2010. For reasons that are not fully explained in the available records, his application for permanent Federal recognition was not acted on by the appropriate authorities in a timely manner.
2. As a result, the applicant's permanent Federal recognition was unduly delayed through no fault of the applicant and resulted in delayed DOR's to 2LT and 1LT.
3. The only way that the date the applicant was granted Federal recognition to 1LT could be changed would be to show that the Secretary of Defense approved his promotion on an earlier date. However, the ABCMR has no jurisdiction over Department of Defense records and therefore could not make that type of correction.
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 and National Guard records of the individual concerned be corrected by changing his DOR and effective date of appointment to 2LT 14 August 2010 and his DOR only to 1LT to 14 February 2012 with entitlement to all back pay and allowances, only as applicable.
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 his effective date of promotion to 1LT.
_______ _ __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) AR20140001570
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ABCMR Record of Proceedings (cont) AR20140001570
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