IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140002768
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 his date of rank (DOR) for captain (CPT) from 17 December 2013 to 29 April 2013.
2. The applicant states:
a. He was eligible for promotion to CPT on 19 November 2012.
b. Headquarters, Department of the Army, directed the National Guard Bureau (NGB) to remove his name from the Presidential List and initiated a flag on 26 February 2013. The flag was removed on 15 April 2013.
c. His original Presidential List was approved on 29 April 2013.
3. The applicant provides:
* DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag))
* Notification of Involuntary Delay of Promotion
* Kentucky Army National Guard (KYARNG) State Security Manager memorandum
* Standard Installation/Division Personnel System-ARNG spreadsheet
* NGB Special Orders Number 334 AR, dated 23 December 2013
* NGB promotion memorandum, dated 23 December 2013
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the KYARNG, the applicant was commissioned as a second lieutenant in the KYARNG on 29 May 2009. He was promoted to first lieutenant effective 29 November 2010.
2. An administrative flag was initiated against the applicant on 26 February 2013 for elimination or removal from the promotion selection list.
3. In March 2013, his name was removed from the promotion list.
4. In April 2013, he was cleared from any wrongdoing in his participation in the National Guard Recruiting Assistance Program and the administrative flag was removed.
5. He was promoted to CPT effective 17 December 2013.
6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommends approval of the applicant's request. The opinion noted the following:
a. On 26 February 2013, the applicant was administratively flagged and cited for removal from the promotion selection list.
b. On 8 March 2013, he received a notification of involuntary delay of promotion due to unfavorable information and removal from Presidential List
18-13.
c. On 18 March 2013, Presidential List 18-13 was processed.
d. On 15 April 2013, he was cleared of any wrongdoing in the KYARNG Recruiting Assistance Program.
e. On 29 April 2013, the Secretary of Defense approved and signed Presidential List 18-13.
f. On 23 December 2013, the applicant was promoted to CPT with an effective date of 17 December 2013.
g. The applicant was cleared of any wrongdoing in the Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) investigation; therefore, he should be granted an adjustment of his DOR by changing it to 29 April 2013.
h. This recommendation is in accordance with National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions). This recommendation was coordinated and reviewed with the NGB Federal Recognition Section on 19 May 2014.
i. The KYARNG concurs with this recommendation.
7. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He did not respond.
8. Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum, dated 9 December 1982, subject: Redelegation of Authority under Executive Order 12396, to appoint officers under Title 10, U.S. Code, section 624, 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 President's authority to appoint military officers. All military officer appointments under Title 10, U.S. Code, section 12203, 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 requests correction of his DOR to CPT to 29 April 2013.
2. The evidence of record shows:
* he was eligible for promotion to CPT in November 2012
* an administrative flag was initiated against him in February 2013 and his name was removed from Presidential List 18-13
* the flag was removed in April 2013 when he was cleared of any wrongdoing
* Presidential List 18-13 was approved on 29 April 2013
3. Since the applicant was cleared of any wrongdoing and the flag was removed, his DOR for CPT should be adjusted to 29 April 2013, the date Presidential List 18-13 was approved.
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 Army National Guard records of the individual concerned be corrected by adjusting his DOR to CPT to 29 April 2013.
_______ _ _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) AR20140002768
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002768
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130019878
The applicant requests correction of his date of rank (DOR) and, in effect, his promotion effective date to captain (CPT) to read 17 July 2012. In support of the applicant's contentions his commanding officer confirms that the applicant was transferred to the CPT's position on 16 July 2012 and that he personally initiated the applicant's promotion action on 17 July 2012. As a result, the Board recommends denial of so much of the application that pertains to changing his effective date of...
ARMY | BCMR | CY2014 | 20140015817
The scroll PL 02-13 was returned from the Pentagon on 18 January 2013 and the personnel were placed on scroll PL 14-13; b. she was removed from the scroll PL 14-13 on 1 March 2013 by the DA through the G-RAP; c. while waiting for the results of the special case investigation, she was considered and selected for promotion to CPT by the FY14 CPT APL Selection Board that recessed on 11 December 2013. She was interviewed by the investigating officer in January 2014 and was subsequently cleared;...
ARMY | BCMR | CY2014 | 20140013213
The applicant requests, in effect, adjustment of her date of rank (DOR) to captain (CPT) to an earlier DOR the Army Board for Correction of Military Records (ABCMR) considers to be reasonable and fair. The Reserve Officer Promotion Act states, "The effective date of promotion and date of rank of an officer who is promoted under the position vacancy system is the date the Chief, NGB, extends Federal recognition. The applicant contends her DOR for promotion to CPT in the CAARNG should be...
ARMY | BCMR | CY2013 | 20130015719
She states, in effect, his promotion was delayed under the provisions of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraphs 4-11c(10) and 4-18c(2), because he had been flagged for APFT failure. It states an officer who is promoted to the next higher grade as the result of the recommendation of an SSB convened under this section shall, upon such promotion, have the same DOR, the same effective date for the pay and...
ARMY | BCMR | CY2012 | 20120021008
The applicant states he could not submit his promotion packet for CPT until the Army Board for Correction of Military Records (ABCMR) had finalized his DOR to first lieutenant (1LT). Without question, the failure to timely process the applicant's earlier correction for Federal recognition resulted in a delay in the processing of his appointment as a CPT. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by...
ARMY | BCMR | CY2013 | 20130016876
The date her Federal recognition/ promotion packet was forwarded to the NGB is not of record. NGB Special Orders Number 200 AR, dated 8 August 2013, granted the applicant Federal recognition as a CPT with an effective date and DOR of 18 July 2013. In as much as the applicant could not be considered for Federal recognition based on unit vacancy promotion until after the mandatory board had announced its findings, this in effect meant that the effective date of her promotion could not have...
ARMY | BCMR | CY2013 | 20130012189
The applicant provides copies of: * Georgia Army National Guard (GAARNG) Orders 077-221, dated 18 March 2009 * GAARNG assignment orders, dated 11 September 2009 * State promotion orders, dated 17 June 2010 * National Guard Bureau (NGB) Federal recognition Special Orders Number 142 AR, dated 2 July 2010 * NGB memorandum for The Adjutants General, dated 30 January 2004, subject: Promotion of Mobilized ARNG Officers Who are Selected for Promotion by a DA Mandatory Promotion Board * 22 pages of...
ARMY | BCMR | CY2013 | 20130011782
Therefore, NGB recommended and the State concurred that the applicant was entitled to a vacancy promotion to CPT with a DOR and effective date of 9 January 2013. Based on the delays through no fault of his own, and the scrolls approved by the Secretary of Defense on 9 January 2013, as a matter of equity in this case, his records should be corrected to show he was extended Federal recognition and promoted to CPT in the SCARNG with a DOR and effective date of 9 January 2013 with entitlement...
ARMY | BCMR | CY2014 | 20140004818
The Board also determined he should be entitled to relief but stated the Board only had the authority to change the DOR and did not have the authority to change the effective DOR as that may amend the Secretary of Defense's action. In that case, the applicant's promotion to CPT as an ARNG JA was also delayed due to an administrative error regarding the submission of his Federal recognition paperwork and he was also deployed during the time of the injustice. The Board concluded "Based on...
ARMY | BCMR | CY2008 | 20080002105
The applicant states, in effect, that in March 2001, after transferring to an Engineer Battalion of the Kentucky Army National Guard (KYARNG), after being asked, he accepted command of E Company, 2006th Engineer Battalion. Boone National Guard Center, Frankfort, Kentucky (KY), Orders Number 092-812, dated 2 April 2003, promoted the applicant to CPT, effective 22 May 2003, and NGB Special Orders Number 132 AR, dated 22 May 2003, granted the applicant Federal Recognition in the rank of CPT,...