IN THE CASE OF:	  

		BOARD DATE:  27 February 2014

		DOCKET NUMBER:  AR20140001733 


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 correction of her date of rank (DOR) for first lieutenant (1LT)/O-2.

2.  She states in accordance with National Guard Bureau (NGB)-ARH Policy Memorandum 08-035, a second lieutenant (2LT)/O-1 may be promoted at 18 months of time in grade (TIG) provided he or she has completed the Basic Officer Leadership Course (BOLC) and is otherwise qualified.  Officers who have not met the BOLC requirement are eligible upon graduation provided they are otherwise qualified.  She was in full compliance upon graduation from BOLC and should have been processed upon graduation.  She transferred from the District of Columbia Army National Guard (DCARNG) to the New Hampshire ARNG (NHARNG).  Upon inprocessing with her unit, she was informed of the error.  An attempt to correct it through the DCARNG failed, and it was determined applying to this Board was the best course of action.

3.  She provides:

* orders
* memorandum, subject:  Promotion as a Reserve Commissioned Officer of the Army
* memorandum, subject:  Reduction in the TIG Requirement for Promotion of Reserve Component Officers to 1LT (NGB-ARH Policy Memorandum 08-035) 
* memorandum, subject:  Corrected Copy:  Promotion from 2LT to 1LT and from Warrant Officer One to Chief Warrant Officer Two (CW2) (Personnel Policy Memorandum (PPOM) #13-006)
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* DA Form 71 (Oath of Office - Military Personnel)
* DA Form 67-9 (Officer Evaluation Report)
* unofficial academic transcript

CONSIDERATION OF EVIDENCE:

1.  On 22 May 2010, the applicant took the oath of office as a Reserve commissioned officer in the rank of 2LT.  Her record shows she was appointed in the Adjutant General's Corps.

2.  Her Officer Record Brief shows she was assigned to a DCARNG unit on 10 June 2010.  

3.  A DA Form 1059 shows she completed BOLC on 24 April 2012.  

4.  On 4 October 2012, Joint Force Headquarters (JFH), DC National Guard, issued Orders 278-021 promoting her to 1LT with an effective date and DOR of 21 September 2012.  The orders stated the effective date of the promotion was determined by the Federal recognition order issued by NGB, and the applicant was not to be paid at the higher grade nor wear the insignia of the higher grade until Federal recognition was confirmed.  

5.  On 10 October 2012, NGB issued Special Orders Number 357 AR announcing the extension of Federal recognition to the applicant as a 1LT effective 21 September 2012.  

6.  On 18 September 2013, JFH, DC National Guard, issued Orders 261-010 releasing her from assignment and transferring her to an NHARNG unit effective 7 August 2013.

7.  She is currently serving as a 1LT in the NHARNG.

8.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, authorized Reserve Component 2LTs on the Reserve Active Status List to be promoted to 1LT with a minimum of 18 months of time in grade and completion of the BOLC, if otherwise qualified.

9.  PPOM #13-006, issued by NGB on 6 February 2013, revised the administrative process for promotion to 1LT.  It states that, effective 1 March 2013, the only documentation required for submission to the NGB Federal Recognition Section for promotion to 1LT is NGB Form 78 (Recommendation for Promotion to 1LT/CW2).  The policy requires States to ensure each officer is qualified for promotion and that documents are on file in support of an officer's promotion to 1LT.  

10.  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 (USC), in grades 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 President's authority to appoint military officers.  All military officer appointments under section 12203 of Title 10, USC, 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. 

11.  Title 10, USC, section 12203, provides that appointments of Reserve officers in the grades of lieutenant colonel and below shall be made by the President.  This authority has been delegated to the Secretary of Defense via executive order.  

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states the DOR is the date the officer actually or constructively was appointed or promoted to a specific grade.  

DISCUSSION AND CONCLUSIONS:

1.  The available records indicate the applicant met the requirements for promotion to 1LT upon completion of BOLC on 23 April 2012; however, the date an officer becomes eligible for promotion does not automatically become the officer's DOR in the next higher grade.  

2.  Although the record indicates the applicant was eligible for promotion upon completion of BOLC, her actual promotion required action by the State.  The State completed that action by issuing orders in October 2012.  The fact that the orders gave her a DOR that is approximately 5 months after the date she was eligible for promotion is not necessarily evidence of error.  It is within a State's discretion to promote an officer immediately when the officer becomes eligible or at some later date.  In the absence of documentary evidence indicating an administrative error led to the delay in her promotion, there is no basis for changing her DOR.  

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)                                         AR20140001733





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ABCMR Record of Proceedings (cont)                                         AR20140001733



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