IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140009398 


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 her date of rank (DOR) for captain (CPT) in the Arkansas Army National Guard (ARARNG) from 20 October 2011 to 22 June 2011.

2.  The applicant states:

* she was eligible for promotion to CPT on 22 April 2011
* on 21 March 2011, her promotion packet was submitted – however, it was not validated by the State for submission to the Federal Recognition Board until July 2011
* she was advised that her packet was not validated due to the vacancy of the Senior Army Advisor (SRAA) position for the ARARNG
* the ARARNG State Promotion Board could not convene to approve packets at the State level for 4 months
* she was promoted to CPT on 20 October 2011

3.  The applicant provides:

* first lieutenant (1LT) promotion memorandum, dated 5 May 2009
* NGB Special Orders Number 112 AR, dated 5 May 2009
* recommendation for promotion memorandum, dated 21 April 2011
* National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board), dated 1 June 2011
* ARARNG Orders 195-834, dated 14 July 2011
* NGB Special Orders Number 265 AR, dated 24 October 2011
* memorandum for record, dated 19 May 2014
* Officer Record Brief, dated 7 April 2014

CONSIDERATION OF EVIDENCE:

1.  After having prior honorable enlisted service, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) on 5 September 2006.

2.  On 16 January 2007, she was appointed in the ARNG in the rank of 2LT with an effective DOR of 16 January 2007.  She was reappointed from the Quartermaster Corps to the Medical Services Corps.

3.  On 22 April 2009, she was appointed as a Reserve commissioned officer in the rank of 1LT with an effective DOR of 22 April 2009.

4.  NGB Special Orders Number 112 AR, dated 5 May 2009, extended her Federal recognition for promotion to 1LT with an effective date of 22 April 2009.

5.  ARARNG Orders 195-834, dated 14 July 2011, amended Orders 171-817, dated 20 June 2011, by changing her DOR for 1LT from 22 April 2009 to 1 June 2011.  Orders 171-817 are not available for review.

6.  On 21 April 2011, her recommendation for promotion to CPT was submitted.

7.  On 1 June 2011, she was selected for promotion to CPT by the State Federal Recognition Board.

8.  NGB Special Orders Number 265 AR, dated 24 October 2011, extended her Federal recognition for promotion to CPT with an effective date of 20 October 2011.

9.  The Deputy, Personnel Policy Division, NGB, provided an undated advisory opinion and recommended partial relief.  He stated, in part, consideration should be given for partial relief due to the fact the ARARNG did not have an SRAA until August 2011.

	a.  The recommended date is 22 July 2011 because processing time for the average promotion packet is approximately 90 days.  Therefore, 90 days from her eligibility date is recommended, to include receipt of back pay and allowances.

	b.  This case recommendation was coordinated with the NGB Federal Recognition Section on 8 July 2014 and revisited on 14 July 2014.  The ARARNG concurs with the recommendation.

10.  On 22 July 2014, a copy of the advisory opinion was provided to the applicant for review and comment.  She did not respond within the time frame allowed.

11.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, section 8, of the U.S. Constitution.  These appointments may be Federally recognized by the Chief, NGB, under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's packet for promotion to CPT was submitted in April 2011, it was not validated by the ARARNG until 14 July 2011 and it was not reviewed and approved by the SRAA until August 2011.  On 24 October 2011, NGB published orders granting her Federal recognition effective 20 October 2011.

2.  Given the fact that there was a delay in processing her packet at the State level and that the delay was no fault of the applicant, and due to the time frame the applicant's promotion packet was submitted, it is reasonable to believe the applicant's promotion packet would have been on an earlier scroll, allowing her to be promoted as early as 22 July 2011.

3.  It is clear that an administrative error denied her permanent Federal recognition effective 22 July 2011.  Based on applicable law and regulation, she is entitled to have her Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of CPT as 22 July 2011 and correction of her records as recommended below.

4.  ARARNG amendment Orders 195-834, dated 14 July 2011, appear to be in error as to the applicant's DOR for 1LT and the basic Orders 171-817, dated 20 June 2011, are not available for review.  As a result, the Board is unable to determine if Orders 195-834 were ultimately amended or revoked.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, Board recommends that Department of the Army and State ARNG records of the individual concerned be corrected by amending NGB Special Orders Number 265 AR, dated 24 October 2011, to show her DOR for CPT as 22 July 2011.

2.  The Board further determined the evidence presented is 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 adjusting her DOR for CPT to 22 June 2011.



      ____________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)                                         AR20140009398



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009398



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1