PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 May 1999            
	DOCKET NUMBER:   AR1998012853

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his E-8 promotion date be adjusted from 4 August 1997 to 3 August 1995 and that he receive E-8 pay and allowances from 3 August 1995.

3.  The applicant states, in effect, that he was incorrectly not selected for an Army Guard Reserve (AGR) promotion to E-8 on 3 August 1995 by the Missouri Army National Guard (MOARNG).  The issue was referred to the National Guard Bureau (NGB) Inspector General (IG) who found that regulations had been violated by not promoting the applicant and that he should be promoted to E-8 effective 3 August 1995.  The MOARNG was notified of this finding by an IG letter dated 28 May 1997.  The applicant was promoted to E-8 by MOARNG orders dated 6 November 1997 with an effective promotion date of 4 August 1997.  The MOARNG informed the applicant that he would have to apply to the Army Board for Correction of Military Records (ABCMR) to change the promotion date to 3 August 1995 as recommended by the IG.

4.  The applicant’s military records show that in March 1995, the applicant, and AGR soldier, was one of eight soldiers selected from the Missouri ARNG Order of Merit List (OML) to be interviewed for a vacant E-8 position in a MOARNG unit.  The applicant and another soldier, who was ultimately selected for the E-8 position and promoted effective 3 August 1995, were equal on the OML with 869 points each.  According to National Guard Regulation (NGR) 600-200, paragraph 6-4a, Precedence of Rank, among enlisted soldiers of the same rank in active status (paid drill status or AGR), precedence of rank and sequence on selection lists, when points are equal, will be determined by Date of Rank (DOR).  The applicant was senior in DOR to the other soldier and therefore, based on NGR 600-200, paragraph 6-4a, should have been promoted prior to the other soldier.  State guidance on promotion in this case as expressed in MOARNG Policy Memo #95-37, dated 1 December 1994, was in contradiction with NGR 600-200 which states that the number one soldier on the list must be offered the vacant position first.  If he declines the assignment of the promotion, only then is it offered to the next on the list in sequence.  The NGB IG substantiated the error in this case and recommended that the applicant be promoted to E-8 with an effective date of 3 August 1995 when he would have been promoted if the selection and promotion process had been properly conducted.

CONCLUSIONS:

1.  That the applicant was incorrectly not selected for promotion to E-8.  The NGB IG recommended that the applicant be promoted to E-8 effective 3 August 1995.  As a result, the MOARNG promoted the applicant to E-8 but with an effective date of 4 August 1997 stating that they did not have authority to promote him effective 3 August 1995 and that the applicant would have to apply to the ABCMR for this correction.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  promoting him to E-8 with an effective date of 3 August 1995; and

	b.  providing him E-8 pay and allowances effective 3 August 1995.

BOARD VOTE:  

_emw___  _hof____  _mvt  ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Ernest M. Willcher_______
		        CHAIRPERSON

INDEX

CASE ID	AR1998012853	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990520	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.