IN THE CASE OF:	   

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150000396 


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 his date of rank (DOR) to captain (CPT) from 1 July 2013 to 15 July 2012.

2.  The applicant states:

	a.  His unit vacancy promotion (UVP) packet was submitted to the Tennessee Army National Guard (TNARNG) on 25 July 2012 prior to publication of the Department of the Army (DA) Selection Board results.  The UVP packet was returned by the State on 27 July 2013 without further processing.  The stated reason was the packet missed the 90-day cut-off window when, in fact, the packet was within at least 96 days.

	b.  He took command on 15 July 2012.  He initially received State promotion orders to CPT effective 21 June 2012, but these orders were revoked because the UVP packet was not received within the 90-day window before the DA selection list was published when, in fact, it was at least 96 days prior to the board schedule being published.

	c.  This resulted in his promotion packet going before the 29 October 2012 DA promotion board.  The results of this board were delayed for over 6 months due to administrative issues which resulted in an effective DOR of 1 July 2013.

3.  The applicant provides:

* UVP packet
* Officer Record Brief
* promotion orders, dated 29 July 2013
* DD Form 149 (Application for Correction of Military Record), dated 2 August 2013
* email correspondence
* sworn statement

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Navy, the applicant enlisted in the TNARNG on 9 March 2006.  He was discharged on 8 March 2007 to accept appointment as a commissioned officer.  He was commissioned as a second lieutenant in the TNARNG on 9 March 2007.  He was promoted to first lieutenant effective 9 September 2008.

2.  Records show he assigned as Commander, 777th Maintenance Company, in Smyrna, TN, on 15 July 2012.

3.  On 25 July 2012, he submitted a UVP packet.

4.  TNARNG Orders 219-812, dated 6 August 2012, promoted him to CPT effective 21 June 2012.  These orders were revoked on 29 September 2012.

5.  TNARNG Orders 210-811, dated 29 July 2013, promoted him to CPT effective 1 July 2013.

6.  He provided a sworn statement from a staff sergeant assigned to the 176th Combat Sustainment Support Battalion, Johnson City, TN, dated 30 July 2013, who states:

	a.  The applicant assumed command on 15 July 2012.

	b.  He completed a UVP packet for the applicant and forwarded it for processing on 25 July 2012.

	c.  On 27 July 2012, he was informed that the applicant had been selected to go before the DA Board in October 2012 and that the U.S. Army Human Resources Command had released the DA Board schedule late but would not adjust their 90-day policy.

	d.  Due to this reason, the applicant's UVP packet was returned and he was instructed to build a promotion packet for the DA Board.

	e.  The original DA Board was scheduled for 29 October 2012, 96 calendar days from when the UVP packet was submitted.

	f.  He completed the DA board packet and returned it to the applicant the same day.

	g.  On 6 August 2012, the TNARNG published orders promoting the applicant to CPT effective 21 June 2012.

	h.  On 21 September 2012, revocation orders were published.

	i.  At some point the DA board was delayed.

	j.  This caused the applicant's effective date of promotion to CPT to be pushed all the way to 1 July 2013.

	k.  It was not the fault of the applicant or of his chain of command that he missed out on a year of time in grade and the pay that coincides with it.

7.  National Guard Bureau (NGB) Special Orders Number 200 AR, dated 8 August 2013, extended him Federal recognition for promotion to the grade of CPT effective 1 July 2013.

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  NGB recommends disapproval of the applicant's request.  The opinion stated:

	a.  The applicant requests his promotion date to CPT be concurrent with his assignment as a company commander on 15 July 2012.

	b.  The Fiscal Year (FY) 2013 DA Reserve Component Board Schedule, dated 14 June 2012 (change 3), established a 1 July 2012 deadline to submit UVP packets for Soldiers eligible for consideration by the FY13 DA Board.

	c.  On 15 July 2012, he was assigned as a company commander.

	d.  On 25 July 2012, he submitted a UVP packet that was signed by the commander for processing.

	e.  On 6 August 2012, the TNARNG issued orders erroneously promoting him to CPT effective 21 June 2012 based on a UVP.  These orders were revoked on 29 September 2012 because he was not eligible for a UVP.

	f.  The DA Board convened on 29 October 2012 and adjourned on 8 November 2012.

	g.  On 1 July 2013, he received orders promoting him to CPT effective 29 July 2013.

	h.  On 8 August 2013, he received Federal recognition orders for promotion to CPT effective 1 July 2013.

	i.  The NGB Federal Recognition Section reviewed	his processing history which shows his UVP was submitted after the suspense date, not processed, and returned to the TNARNG.  The submission of the UVP packet was less than 90 days out, which automatically sent him to his required zoned FY13 DA Board. 
Further, being assigned to a position of higher rank doesn't ensure an automatic promotion.

	j.  There was a 6-month delay in the Federal recognition proceedings and results due to administrative issues.  The delay has no bearing on his eligibility for promotion because no promotion of any type is official until the promotion list is approved by the Secretary of Defense.  The Federal recognition orders, dated 8 August 2013, with an effective date of 1 July 2013 stand.

	k.  The TNARNG indicates no adjustment is warranted.

9.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests adjustment of his DOR to CPT from 1 July 2013 to 15 July 2012.

2.  The evidence confirms:

	a.  The FY13 DA Reserve Component Board Schedule established a 1 July 2012 deadline to submit UVP packets for Soldiers eligible for consideration by the FY13 DA Board.

	b.  The applicant assumed command on 15 July 2012.

	c.  After the suspense date to submit UVP packets, he submitted a UVP on 25 July 2012.  His submission of a UVP packet was less than 90 days out, which automatically sent him to his required zoned FY13 DA Board.

	d.  He was erroneously promoted to CPT effective 21 June 2012 based on a UVP, but these orders were revoked because he was not eligible for a UVP.

	e.  He was promoted to CPT effective 1 July 2013.

3.  The NGB advisory opinion notes there was a 6-month delay in the Federal recognition proceedings and results due to administrative issues.  However, the delay has no bearing on his eligibility for promotion because no promotion of any type is official until the promotion list is approved by the Secretary of Defense.

4.  Based on the foregoing evidence, there is an insufficient basis to grant 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 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)                                         AR20150000396





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ABCMR Record of Proceedings (cont)                                         AR20150000396



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