IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140006686
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, in effect, correction of his date of rank and the effective date of his promotion to captain to 20 September 2013.
2. The applicant states the California Army National Guard (CAARNG) submitted his unit vacancy promotion for Federal Recognition (FEDREC) in September of 2013. He still has not been promoted. The packet was received at the National Guard Bureau (NGB) but was lost in the system. During that time NGB changed tracking systems for promotion packets and, as a result, his promotion packet was lost. This loss was identified at the end of March, 2014 and the promotion packet was resubmitted. The anticipated time for FEDREC is 6 months; his has taken more than a year.
3. The applicant provides copies of his
* CAARNG Orders 267-1152, dated 24 September 2013, promotion orders to captain, effective 20 September 2013
* NGB Form 89 (Proceedings of a FEDREC Examining Board)
* NGB (on-line) FEDREC Packet Entry, dated 25 September 2013
CONSIDERATION OF EVIDENCE:
1. The applicant, a CAARNG first lieutenant, was promoted to captain to fill a unit vacancy, effective 20 September 2013.
2. NGB Special Orders Number 214, dated 31 July 2014, extended FEDREC effective 25 July 2014 based on the approval of the promotion scroll by the Secretary of Defense.
3. In similar cases the NGB has recommended denial of requests to change the effective date of a promotion because: The re-delegation of authority granted to the Secretaries of the Military Departments in 1982 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits re-delegation of the Presidents authority to appoint military officers below the Secretary of Defense. All military officer appointments under section 12203 of Title 10, USC, including original appointments in the Reserve of the Army, not approved by 30 June 2005, shall be submitted to the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of rank and effective date for promotion to captain should be changed from 20 September 2013. He submitted a copy of his CAARNG promotion orders showing an effective date of 20 September 2013.
2. He was promoted to captain on 20 September 2013 to fill a unit vacancy position, which established his date of rank. His date of rank as a captain is already 20 September 2013.
3. However, the applicant was extended FEDREC for that promotion with an effective date of 25 July 2014 based upon the date approved by the Secretary of Defense.
4. The only way the applicant's effective date of promotion may be changed is by changing the date he was extended FEDREC by the Secretary of Defense. The ABCMR has no jurisdiction over Department of Defense records and therefore cannot make that type of correction.
5. In view of the above, the applicant's request must be denied.
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) AR20140006686
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006686
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013480
The applicant requests his Federal Recognition (FEDREC) date and date of rank (DOR) to captain (CPT) (pay grade O-3) be corrected to 13 September 2012. The applicant provides copies of: * California Army National Guard (CAARNG) Orders 97-1045 showing he was transferred to a Plans Officer position in the 40th Brigade Support Battalion (BSB) * CAARNG Orders 103-1060 showing he was ordered to Active Guard Reserve Duty as a Plans Officer effective 15 April 2012 * CAARNG Orders 258-1013 showing...
ARMY | BCMR | CY2013 | 20130008919
Once the Soldier's promotion packet is forwarded by the FEDREC Section for processing, Federal recognition is not granted until the scroll the Soldier's name is listed on is signed by the Secretary of Defense. As a result of the previous mentioned errors, he currently has a DOR and promotion effective date of 8 March 2013. d. It is the recommendation of their office and the FEDREC Section that the applicant receives partial administrative relief. Consequently, any correction to the...
ARMY | BCMR | CY2014 | 20140011711
The applicant requests correction of his effective date of rank (DOR) for promotion to major in the California Army National Guard (CAARNG) from 2 May 2014 to 13 December 2013. In a memorandum, dated 7 May 2014, the NGB informed The Adjutant General, CAARNG, of the applicant's promotion to major effective 2 May 2014. The applicant was extended Federal recognition for promotion to major, effective 2 May 2014.
ARMY | BCMR | CY2013 | 20130007527
The applicant states: a. During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, dated 19 June 2013, who recommended disapproval of the applicant's request and further opined: a. According to National Guard Regulation 600-101 [Warrant Officers - Federal Recognition and Related Personnel Actions], paragraph 7-7, "Eligibility for promotion (a) To be considered for FEDREC and concurrent Reserve of the Army promotion following State...
ARMY | BCMR | CY2014 | 20140002710
(3) on 17 July 2007, the applicant was recommended for promotion by the Commander of the PAARNG. The Reserve Officer Promotion Act states, "The effective date of promotion and date of rank of an officer promoted under the vacancy system is the date the Chief, National Guard Bureau extends Federal recognition. The applicant contends his DOR for promotion to CPT should be adjusted from 29 November 2007 to 17 August 2006, when he first became eligible for promotion to CPT.
ARMY | BCMR | CY2013 | 20130006923
He provides a memorandum for this Board from Chief Warrant Officer Four (CW4) CAH, the Personnel Branch Chief, State of Ohio Adjutant General's Department, subject: Correction of ARNG Initial Appointment Effective Date and Subsequent Promotion for (applicant's name), dated 14 February 2013. The advisory official recommended approval of the applicant's request and that the following actions be taken: * amend NGB Special Orders Number 402 AR, dated 19 November 2012, to reflect the applicant's...
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 | CY2014 | 20140012048
Officers who are Federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. d. Paragraph 10-15b states temporary FEDREC may be granted by an Federal Recognition Board (FREB) to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed...
ARMY | BCMR | CY2013 | 20130015535
The applicant states the Pennsylvania Army National Guard (PAARNG) failed to advise him that college transcripts were required as part of the Unit Vacancy Promotion (UVP) packet. The applicant contends that his records should be corrected to show he was promoted to CPT (O-3) effective and with a DOR of 17 May 2012 because the PAARNG failed to advise him that college transcripts were required as part of the UVP packet. Records show the applicant was properly promoted and granted FEDREC of...
ARMY | BCMR | CY2013 | 20130018448
On 12 April 2013, the NGB published Special Orders Number 97 AR extending her Federal recognition (FEDREC) for her initial appointment in the rank/grade of 2LT/O-1 with an effective date of 8 August 2012. b. Paragraph 2-2 states the effective date of FEDREC for original appointment is that date on which the commissioned officer executes the oath of office in the State. c. Paragraph 2-13 states temporary FEDREC may be extended to an officer who has been appointed in the ARNG of a State and...