IN THE CASE OF:	  

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140017585 


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 records to show he was extended Federal recognition and promoted to captain (CPT)/O-3 with an effective date and date of rank (DOR) 18 July 2013 rather than 2 February 2014.

2.  The applicant states that when the results for the Department of the Army (DA) Promotion Board for CPT were released, it was discovered that a unit vacancy (UV) promotion packet was mistakenly submitted to the State, then to the National Guard Bureau (NGB) for his promotion to CPT instead of a DA Board promotion packet.

3.  The applicant provides:

* reassignment orders, dated 12 July 2013
* screenshot of DA Board Results
* statement from a Chief Warrant Four, Arkansas Army National Guard (ARARNG)
* Headquarters, 142d Field Artillery Brigade, ARARNG, memorandum, dated 6 January 2014, subject:  Recommendation for Promotion of Officer (First Lieutenant (1LT) (Applicant))
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)
* ARARNG Orders 042-828, dated 11 February 2014
* ARARNG Orders 254-821, dated 11 September 2014
* NGB Special Orders Number 253, dated 10 September 2014
* Personnel Qualification Record – Officers/Warrant Officers

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a CPT/O-3 in the Arkansas Army National Guard (ARARNG).

2.  After having prior enlisted service in the ARNG, the applicant was appointed in the Oklahoma ARNG (OKARNG) on 4 May 2007 in the rank of second lieutenant (2LT).  He was granted Federal recognition for his initial appointment in the OKARNG.

3.  OKARNG Orders 354-012, dated 19 December 2008, show he was promoted to 1LT/O-2 with an effective date and DOR of 4 November 2008.  NGB Special Orders Number 9 AR, dated 12 January 2009, show he was granted Federal recognition for his promotion to 1LT.

4.  OKARNG Orders 035-004, dated 4 February 2013, transferred him to the ARARNG as the Assistant S-2, Headquarters and Headquarters Battery, 142d Fires Brigade, in paragraph 103, line number 02, effective 17 January 2013.

5.  NGB Special Orders Number 57 AR, dated 22 February 2013, show he was extended Federal recognition for his change of State from Oklahoma to Arkansas effective 17 January 2013.

6.  He provided the following documents:

	a.  2013 CPT Army Promotion List (APL) Board Results which show he was considered and recommended for promotion to CPT;

	b.  ARARNG Orders 193-823, dated 12 July 2013, which show he was assigned to the position of Assistant S-2 in area of concentration 35D (All Source Intelligence Officer) effective 1 July 2013;

	c.  Headquarters, 142d Fires Brigade, ARARNG, memorandum, dated 6 January 2014, subject:  Recommendation for Promotion of Officer (First Lieutenant (1LT) (Applicant)), which shows he was recommended for promotion to the rank of CPT.  The memorandum indicates he was assigned to the position of Assistant S-2 at Headquarters and Headquarters Battalion, 142d Fires Brigade, Fayetteville, AR;

	d.  NGB Form 89, dated 31 January 2014, which shows a Federal Recognition Board was held by the ARARNG on 2 February 2014 to determine if the applicant was qualified to be awarded Federal recognition for promotion to CPT.  The board found the applicant was physically, morally, and generally qualified for and recommended granting him Federal recognition;

	e.  a statement from a chief warrant officer four (CW4), ARARNG, who requested correction of the applicant's Federal recognition Order 253 AR, dated 10 September 2014, for promotion to CPT to show his DOR as 18 July 2013.  The CW4 stated the applicant was DA selected and assigned to a CPT position.

	f.  ARARNG Orders 042-828, dated 11 February 2014, which show he was promoted to CPT/O-3 with an effective date and DOR of 2 February 2014.  The additional instructions show he was assigned to the position of Assistant S-2 and the effective date of promotion in the ARNG of the United States would be the date permanent Federal recognition orders were published;

	g.  NGB Special Orders Number 253, dated 10 September 2014, which show he was granted Federal recognition for promotion to CPT with an effective date and DOR of 2 February 2014; and

	h.  ARARNG Orders 254-821, dated 11 September 2014, which show ARARNG Orders 042-828, dated 11 February 2014, were amended to show his effective date and DOR for promotion to CPT as 18 July 2013.  His personnel records do not include Federal recognition orders to show the effective date and DOR for promotion to CPT as 18 July 2013.

7.  A review of his military personnel records in the U.S. Army Human Resources Command Integrated Web Services shows his effective date and DOR for promotion to CPT as 2 February 2014.

8.  The revised results of the FY 13, CPT, Army Reserve Active Guard Reserve, Army Reserve Non-Active Guard Reserve, and Army National Guard of the United States, APL Competitive Categories, Promotion Selection Boards was approved on 20 June 2013 by the Acting Under Secretary of Defense for Personnel and Readiness.

9.  An advisory opinion was obtained from Chief, Personnel Policy Division, NGB, dated 26 March 2015, who recommended approval of the applicant's request and opined:

	a.  NGB Special Orders Number 9 AR, dated 12 January 2009, promoted the applicant to 1LT with an effective date of 4 November 2009.

	b.  NGB Special Orders Number 253, dated 10 September 2014, promoted the applicant to CPT with an effective date and DOR of 2 February 2014.

	c.  On 13 February 2013, the NGB Federal Recognition Branch initiated a UV promotion to CPT for the applicant.  The NGB Federal Recognition Branch returned the UV packet without action to the State because the applicant was already DA-selected for promotion to CPT by the Fiscal Year (FY) 2013 Army Promotion List Board which was publically released on 18 July 2013.

	d.  In order for the NGB Federal Recognition Branch to process UV promotions to CPT prior to the FY13 DA Board, packets had to be submitted and received no later than 1 July 2012; however, this did not occur.

	e.  the DA Selection Board was approved on 8 July 2013 (should read 20 June 2013) and the results were released on 18 July 2013.  The erroneous submission by the State for the applicant's UV packet should not have been initiated along the same timeline as the DA Selection Board.

	f.  The NGB Federal Recognition Branch and the ARARNG both concur with this recommendation.

10.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments.  However, he did not respond within the allotted time frame.

11.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states that unit officers selected by a mandatory promotion board will have a promotion date and an effective date of rank no earlier that the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.  When the board approval, or if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and date of promotion will be the date of assignment to the higher graded position.

DISCUSSION AND CONCLUSIONS:

1.  On 17 January 2013, the applicant was assigned to a captain's position as the Assistant S-2 against the unit manning report paragraph/line number 103-02 for the Headquarters and Headquarters Battery, 142d Fires Brigade.  The applicant requests correction of his effective DOR and date of promotion to captain to 18 July 2013, the date the CPT list was publicly released.

2.  The evidence of record shows the applicant was considered and recommended for promotion to CPT by the FY13 APL Board that was approved by the Acting Under Secretary of Defense (Personnel and Readiness) on 20 June 2013.  It was publically released on 18 July 2013.

3.  NGB Special Orders Number 253 were published on 10 September 2014 extended him Federal recognition for promotion to CPT with an effective date and DOR of 2 February 2014.

4.  ARARNG Orders 254-821 were later issued which amended his effective date of promotion and DOR to CPT from 2 February 2014 to 18 July 2013, the release date of the FY13 APL Board.

5.  His service records are void of evidence which indicates he was extended Federal recognition for promotion to CPT with an effective date and DOR of 18 July 2013.

6.  Notwithstanding the NGB advisory opinion that supports correcting his promotion date and effective DOR to 18 July 2013, the regulatory guidance provides for the promotion date and effective date to be no earlier than the date the board was approved by the appropriate authority provided the officer is assigned to a position requiring the higher grade.  In this case, the evidence of record shows the applicant was assigned to the higher-graded position of CPT on 17 January 2013.  The appropriate approval authority approved the FY13 CPT APL Board on 20 June 2013.  Therefore, based on regulatory guidance and the evidence of record, the applicant's Federal recognition effective date and date of promotion to captain should be 20 June 2013.

7.  As such, it would be appropriate to amend NGB Special Orders Number 253, dated 10 September 2014, to show he was extended Federal recognition for promotion to CPT with an effective date and DOR of 20 June 2013.  In addition, the ARARNG should correct his CPT effective date and DOR to show 20 June 2013 as well.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 to show he was extended Federal recognition for promotion to CPT with an effective date and DOR of 20 June 2013.

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 correcting the Department of the Army and State Army National Guard records of the individual concerned to show he was extended Federal recognition for promotion to CPT with an effective date and DOR of 18 July 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)                                         AR20140017585



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ABCMR Record of Proceedings (cont)                                         AR20140017585



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