IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140020934
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 an adjustment to his date of rank (DOR) as a major (MAJ) to 5 October 2011.
2. The applicant states that:
a. According to Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, paragraph 4-21d; AGR [Active Guard Reserve] officers are promoted provided they are assigned/attached to a position in the higher grade.
The date of rank will be the date the officer attained maximum time TIG [time in grade] or the date on which assigned/attached to a position in the higher grade, whichever is earlier.
b. At the time of the board results he was assigned to a position in the higher grade, so he feels the date of rank should be the time of the board and not the maximum TIG which was the later of the two.
3. The applicant provides copies of:
a. His order for his assignment to full-time active guard/reserve (AGR) duty effective 1 October 2012, the time of the board.
b. Oklahoma National Guard (OKNG) memorandum, subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, dated
5 October 2011.
c. OKNG memorandum approving his request to remain on the standing promotion list until assigned to a higher position or released from active duty.
d. His orders showing he was promoted to MAJ with DOR of 24 August 2012.
e. Personnel authorization documents, Oklahoma Army National Guard (OKARNG) Element, Joint Force Headquarters, effective 1 September 2010 and 1 September 2011.
f. Pages from Army Regulation 135-155 paragraph 4-21 (Effective Dates).
CONSIDERATION OF EVIDENCE:
1. The applicant is a MAJ in the OKARNG. He is serving on active duty at the National Guard Bureau (NGB), Arlington, Virginia.
2. He was promoted to captain (CPT) effective 25 August 2005.
3. He provides the following:
a. OKNG Orders 271-002, dated 28 September 2012, show he was ordered to full-time National Guard duty in an AGR status as a CPT effective 1 October 2010 for a period three years. He was to be assigned to paragraph/line number 002/03.
b. An OKNG memorandum, subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, dated 5 October 2011, notified him that he had been selected for promotion to the nest higher grade. The memorandum further stated:
(1) Since he was currently in the AGR program, in order to accept promotion with continued assignment in the OKARNG, there must be a unit position vacancy and a controlled grade available in his selected grade.
(2) If he elected to delay promotion with continued assignment to the OKARNG in his present grade, he had to indicate his desire by memorandum stating, "I am currently serving on active duty under Title 32. Request I be allowed to delay my promotion and remain on the standing list until assignment to a higher graded position or released from active duty."
c. An OKNG memorandum, dated 11 October 2011, approved his request to remain on the standing list until assigned to a higher graded position of released from active duty under Title 32.
d. Orders 154-017, OKNG, dated 3 June 2013, show he was promoted to MAJ with DOR of 24 August 2012. The orders further show: "PARA/LN NO (required): 002 03."
e. Personnel authorization documents show that the OKARNG Element, Joint Forces Headquarters, Office of the Inspector General, paragraph/line number 002C/03, Detailed Inspector General (IG) was authorized in the grade O-4 effective 1 September 2010 and 1 September 2011.
f. Pages from AR 135-155 paragraph 4-21d show, in part, that the DOR of an AGR officer selected by a mandatory board will be the date the officer attained maximum TIG or the date on which assigned/attached to a position in the higher grade, whichever is first.
4. In the processing of this case, an advisory opinion, dated 20 February 2015, was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB). The advisory official recommended granting the applicant's request by adjusting his DOR to 5 October 2011. The official stated:
(1) The Force Management System (FMSWeb) for unit identification code 8A8AA-001 identifies a valid paragraph and line number 002 03, grade O-4, branch 01A, for the applicant's original assignment orders #271-002.
(2) The NGB Federal Recognition Branch concurs with this recommendation for approval of correction of the DOR only.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DOR for promotion to MAJ should be adjusted from 24 August 2012 to 5 October 2011.
2. An NGB advisory official recommended the applicant's DOR to MAJ be adjusted to 5 October 2011 because he was in a valid MAJ position as per his original assignment orders which were effective 5 October 2011.
3. In view of the above, his request should be granted.
BOARD VOTE:
___x____ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by amending the applicant's DOR to MAJ to read 5 October 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) AR20120017871
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140020934
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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