PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           8 March 2000
	DOCKET NUMBER:   AR1999027439

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Elzey J. Arledge Jr.		Member	
	Mr. Ernest W. Lutz Jr.		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 essence, adjustment of his date of Federal recognition for promotion to the rank of captain in the Utah Army National Guard (UTARNG).  

3.  The applicant states, in essence, that due to mishandling of his promotion packet, that his promotion to the rank of captain was delayed for 10 months.  

4.  The applicant’s military records show that he was appointed and commissioned as a second lieutenant, Military Intelligence (MI) Branch, in the UTARNG on 15 August 1992.  Federal recognition was granted by order of the Secretary of the Army effective that same date.

5.  On 14 August 1995, he was promoted to the rank of first lieutenant, UTARNG, with Federal recognition from that date.

6.  On 22 September 1997, Orders 149-063 were published by the Headquarters, UTARNG announcing the promotion of the applicant to the rank of captain, UTARNG, with an effective date of 13 August 1997.  The promotion authority was shown as National Guard Regulation (NGR) 600-100, chapter 8.  However, the order also noted that the individual would not be paid in his new grade until permanent Federal recognition was confirmed.  The promotion was made to fill a unit vacancy in his ARNG unit in Utah.  

7.  On 29 September 1997, the applicant’s promotion packet, along with those of several other officers were forwarded to the Army and Air Force National Guard Bureau (NGB) for processing for Federal recognition.  

8.  In November 1997, the promotion packet was returned to the UTARNG for correction of the promotion order to add the applicant’s correct middle initials (he has two initials).  The correction was made on 24 November 1997 and the promotion packet was returned to the NGB.  However, for reasons unknown, processing of the promotion packet was delayed at least until April 1998, when it was determined that the packet had been lost.  A new promotion packet was sent to the NGB.  On 24 June 1998, Special Orders 110 AR was published by the NGB announcing Federal recognition and promotion of the applicant to the rank of captain, MI Branch effective 24 June 1998.  

9.  The applicant’s chain of command has attempted to get this matter corrected administratively, but his case was referred to this Board.  The UTARNG recommends approval with an effective date of 22 November 1997.  Other commanders recommend promotion/recognition effective in August 1997.  

10.  National Guard Regulation 600-100, chapter 8 establishes the policies and procedures for promotion of officers in the ARNG.  Essentially, officers serving in a unit where a unit vacancy exists may be promoted by order of the Governor of the State to fill the unit vacancy.  However, until Federal recognition in the new rank is obtained, the individual cannot be paid at the pay scale for the higher rank.  In cases involving promotions to captain and above, the NGB has advised in similar cases that the recommendations for promotion must be processed through the Departments of the Army and Defense staffs to obtain approval of the promotion by the President of the United States.  This approval process normally takes approximately 3 months.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to the rank of captain in the MI Branch, effective 13 August 1997, by order of the Governor of the State of Utah on 22 September 1997.  The promotion action should have been sent to the NGB within one or two duty days for processing for Federal recognition.   

2.  It is also reasonable to presume that the promotion document should have been administratively correct and that notwithstanding that it had to be returned to the State of Utah for an administrative correction, this was through no fault of the individual concerned.

3.  That the promotion action was then lost at the NGB for an additional 5 months until April 1998, and then processed for approval in June 1998 is likewise not the fault of the individual concerned.  

4.  The Board concludes that in keeping with normal processing criteria in similar cases, the approval of the Federal recognition and promotion to the rank of captain of the individual concerned should have taken place approximately 
3 months of the date that his promotion was announced by the State of Utah, 
i.e., 22 December 1997.  An earlier date would not be consistent with normal processing criteria in similar cases.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:

a.   that NGB Order 110 AR, dated 24 June 1998, as pertains to the Federal recognition and promotion of the individual concerned to the rank of captain in the MI Branch is null and void; and 

b.  that Federal recognition and promotion of the individual concerned to the rank of captain in the MI Branch was issued by the NGB effective 
22  December 1997, with entitlement to all pay and allowances from that date. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  ___eja___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR1999027439	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	131.00	
2.	128.00	
3.		
4.		
5.		
6.