BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140015420
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) to first lieutenant (1LT) to 20 November 2012 vice 27 April 2013.
2. The applicant states his DOR needs to be corrected to 20 November 2012, the date he was eligible for promotion to 1LT while serving in the Colorado Army National Guard (COARNG). This injustice was caused because the COARNG did not promote him before his transfer to the U.S. Army Reserve (USAR). He met all requirements and was in good standing as an officer in the ARNG. The USAR policy is that he can only be promoted on the day after he was assigned to the USAR. Because he is no longer a member of the ARNG, they cannot adjust his DOR to 20 November 2012 when he was first eligible for promotion consideration to 1LT.
3. The applicant provides:
* DA Form 71 (Oath of Office - Military Personnel), dated 21 May 2011
* National Guard Bureau (NGB) Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer (WO) and Appointment as a Reserve Commissioned Officer or WO of the Army in the ARNG of the United States (ARGNUS)), dated 2 June 2011
* DA Form 1059 (Service School Academic Evaluation Report), dated 10 August 2012
* DA Form 67-8 (Officer Evaluation Report (OER)) for the period 11 August 2012 through 26 April 2013
* DD Form 368 (Request for Conditional Release), dated 26 April 2013
* six orders, dated between 13 October 2011 and 3 April 2014
* Special Orders (SO) Number 114AR, dated 2 May 2013
* eight pages of email, dated between 6 February and 28 July 2014
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant (2LT) Reserve officer in the COARNG on 21 May 2011.
2. He attended and successfully completed the Ordnance (OD) Basic Officer Leader Course (BOLC) from 16 April to 10 August 2012 at Fort Lee, VA. He was awarded military occupational specialty/area of concentration 91A (OD Officer). He was assigned to the 188th Forward Support Company (FSC), Pueblo, CO.
3. He provides an OER for the rating period 11 August 2012 through 26 April 2013 he received for his duties as the Maintenance Platoon Leader, 188th FSC. He received an "outstanding performance, must promote" rating from his rater and a "best qualified" rating from his senior rater.
4. On 26 April 2013, per his request, he was honorably released from the COARNG and on 27 August 2013 he was transferred to the USAR Control Group. On 2 July 2013, he was assigned to the 4th Space Company, Peterson, Air Force Base, CO.
5. Orders B-04-401556, dated 3 April 2014, issued by the U.S. Army Human Resources Command, promoted him to the rank of 1LT effective 27 April 2013 and with a DOR of 27 April 2013.
6. In the processing of this case an advisory opinion was received from the Chief, Personnel Policy Division, NGB. The advisory official recommended disapproval of the applicant's request to have his DOR adjusted to 20 November 2012 and opined, in part, that:
a. The applicant was appointed as a 2LT in the COARNG on 21 May 2011, transferred to the USAR on 26 April 2013 [i.e. 27 April 2013], and was promoted to 1LT on 27 April 2013; one day after [the date of] his transfer. Army Regulation 135-155 (ARNG and USAR - Promotion of Commissioned Officers and WO Other than General Officers) states that officers who transfer from the ARNGUS to the USAR non-unit status [on or after reaching maximum TIG] are promoted effective the date of transfer to a non-unit status (emphasis added).
b. NGB Memorandum, dated 25 November 2008, subject: Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to 1LT, authorizes all ARNG officers in the rank of 2LT on the Reserve Active-Status List to be promoted with a minimum of 18 months TIG. Additionally, 2LTs may be promoted at 18 months TIG provided they had completed the BOLC and were otherwise qualified.
c. Although the applicant had more than 18 months TIG but less than 24 months as a 2LT, States are under no obligation to promote at the earliest eligibility of 18 months TIG. The COARNG concurred with the recommendation.
7. On 13 March 2015, the applicant was provided a copy of the advisory opinion for comment and/or rebuttal; however, no response was received.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was transferred from the COARNG in the rank of 2LT to the USAR Control Group on 27 April 2013. In accordance with governing regulations, he was appropriately promoted to 1LT effective 27 April 2013 with a DOR of 27 April 2013, the earliest date the USAR was authorized to promote him. The evidence of record does not show and the applicant has not submitted any evidence that shows he was unjustly denied an earlier promotion to 1LT by the COARNG. Therefore, there is no basis for granting the requested relief.
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) AR20140015420
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