IN THE CASE OF:	  

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20140020453 


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 his date of rank (DOR) to first lieutenant (1LT) be changed to 22 January 2013, the date he was eligible for promotion to 1LT.

2.  The applicant states his initial appointment to second lieutenant (2LT) was 
23 July 2011 and he was eligible for promotion to 1LT on 22 January 2013.  The Georgia Army National Guard (GAARNG) did not promote him but he had no flags or extensions on his record and they did not give him a reason why they did not promote him.  Based on Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), he was promotable at 18 months because of his status as an Early Commissioning Program (ECP) LT. His GAARNG unit was negligent and did not submit a packet for his promotion.  He is now in the U.S. Army Reserve (USAR) but they can only promote him from the date he was assigned to the USAR and not when he initially was promotable.

3.  The applicant provides his orders for promotion to 1LT.

CONSIDERATION OF EVIDENCE:

1.  He previously served 3 years, 7 months, and 15 days in an enlisted status in the GAARNG.  On 22 July 2011, he was discharged on appointment as a commissioned officer.

2. On 23 July 2011, he was commissioned a Reserve commissioned officer in the grade of 2LT and simultaneously he was commissioned a 2LT in the GAARNG with Federal recognition.  His Cadet Statement of Understanding is not available for review.

3.  On 8 August 2011, the Operations Officer, GAARNG certified that he had seen the transcripts issued by Georgia Military College stating the applicant had earned an Associate of Science in General Studies.  The transcripts, dated 2 August 2011, show he was awarded an Associate of Science Degree in June 2011.

4.  State of Georgia, Department of Defense, Military Division Orders 277-839, dated 4 October 2011, assigned him to a platoon leader position within Company C, 1st Battalion, 121st Infantry, located in Gainesville, GA.

5.  On 1 August 2014, he was discharged in the grade of 2LT from the GAARNG and transferred to the USAR Control Group (Individual Ready Reserve).  He had completed 3 years and 9 days of service that was characterized as honorable.  

6.  The date he received his baccalaureate degree is not a matter of record.

7.  On 14 August 2014, he was transferred from the USAR Control Group (Reinforcement) to the 1st Battalion, 347th Regiment, Fort Gillem, GA.

8.  On 21 September 2014, he entered active duty for training to attend the Signal Basic Officer Leader Course (BOLC).

9.  On 26 November 2014, he was promoted to 1LT with an effective date and DOR of 2 August 2014.

10.  On 29 January 2015, he completed Signal BOLC and he was released from active duty for training.

11.  In the processing of this case an advisory opinion was received from the National Guard Bureau (NGB).  NGB recommended disapproval of the applicant's request.

	a.  The applicant signed a memorandum of understanding on 12 April 2011, acknowledging that in order to be an ECP LT he only had 24 months to complete his baccalaureate degree.  After commissioning, the applicant failed to complete his degree within 24 or even 36 months which resulted in his discharge from the GAARNG.

	b.  Army Regulation 145-1(Senior Reserve Officers’ Training Corps Program: Organization, Administration, and Training) specifies an ECP LT has less than 36 months to complete a 4-year degree upon being commissioned under the ECP.  National Guard Regulation 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions) states he had only 24 months to complete his baccalaureate degree.  Benefit of the doubt was given to the applicant based on the conflict between the two regulations.  The GAARNG stated he would have never been appointed in accordance with Army Regulation 145-1 based on the fact he could not finish his degree within 36 months had that fact been known at the time.

	c.  The applicant's GAARNG commander chose not to promote him based on the above information.

	d.  The GAARNG and Army National Guard (ARNG) officer policy division concur with this recommendation.

12.  The applicant was provided a copy of the advisory opinion for comments or rebuttal.  No response was received from the applicant.

13.  National Guard Regulation 600-100 prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, Federal recognition, reassignment, and transfers between States, branch transfers, area of concentration designation, utilization, branch detail, attachment, and separation of commissioned officers of the (ARNG).

   a.  Paragraph 8-1 states promotion of officers in the ARNG is a function of the state.

   b.  Paragraph 12-2b states Military Junior College (MJC) ECP cadets are allowed the full 24 months to complete a baccalaureate degree, no exceptions or
extensions will be granted beyond this period.

c.  Paragraph 12-3 states a cadet is first commissioned in the USAR under normal ROTC procedures.  A memorandum of acceptance from the ARNG unit for a valid unit vacancy verified by The Adjutant General (fig 12-1) and a memorandum of understanding signed by the cadet (fig 12-2) are required prior to commissioning.  A copy of these memoranda will accompany the application for Federal recognition.  According to the sample of a Cadet Statement of Understanding in National Guard Regulation 600-100, he would have acknowledged he had 24 months to obtain a baccalaureate degree or he would be discharged.
   
14.  Army Regulation 145-1, paragraph 6-15, states MJC graduates are eligible for appointment under the ECP provided they have less than 36 months remaining to complete baccalaureate degree requirements after being commissioned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his unit was negligent in not submitting his packet for promotion.  However, according to the advisory opinion, his commander knowingly chose not to promote him based on his failure to earn his baccalaureate degree within the time frame required.

2.  The Cadet Statement of Understanding that was required to be signed by the cadet prior to commissioning was not available for review.  However, according to the advisory opinion, the applicant signed a memorandum of understating on 12 April 2011.  According to the sample of a Cadet Statement of Understanding in National Guard Regulation 600-100, he would have acknowledged he had 
24 months to obtain a baccalaureate degree or he would be discharged.

3.   Both National Guard Regulation 600-100 and the memorandum of understanding indicate he had 24 months to obtain his 4-year degree.  Army Regulation 145-1 states  MJC graduates are eligible for appointment under the ECP provided they have less than 36 months remaining to complete baccalaureate degree requirements after being commissioned.  The exact date of his obtaining a 4-year degree is not known; however, if it took him 36 months or more from the date of his commissioning, he did meet the requirement of the ECP.

4.  Promotion of officers in the ARNG is a function of the State.  As such, it would not be appropriate to provide him a DOR or effective date during the period the GAARNG chose not to promote him.  The USAR promoted him with an effective date and DOR of 2 August 2014, which was the first day he was eligible for promotion as a member of the USAR.  

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)                                         AR20140020453



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ABCMR Record of Proceedings (cont)                                         AR20140020453



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