MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 October 2001                  
	DOCKET NUMBER:   AR2001057178

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

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. 		Chairperson	
	Mr. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Correction to his date of rank (DOR) for captain to 4 June 1997.

APPLICANT STATES:  That his command processed all the appropriate documentation to his State headquarters for promotion processing and processed his action in a timely manner and cut a State promotion order on him with an effective date of 4 June 1997.  Then for some unexplained reason his orders were amended twice and he was given a DOR of 27 October 1997.  He also states that he does not understand why this action was not completed in a timely fashion and that his DOR is unjust due to no fault of his own.  He submits a copy of documentation of his highest civilian and military education, his Army Physical Fitness Test Scorecard, a Statement of Physical Condition for Promotion Purposes, Recommendation for Promotion dated 22 May 1997, Orders 38-17 dated 11 June 1997, A Request for Federal Recognition dated 29 June 1997, Amended Orders 56-10 dated 4 September 1997, and Federal Recognition Orders dated 27 October 1997 in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed from the USAR to the Arizona Army National Guard (AZ ARNG) as a second lieutenant effective 1 December 1992.

He was promoted to first lieutenant effective 29 May 1995.

On 22 May 1997, he was recommended for promotion to captain.

Orders 38-17 dated 11 June 1997 from the Deputy Chief of Staff, AZ ARNG, indicate a DOR and effective date for promotion captain as 4 June 1997.  Additional instructions on the order show that he will not be paid as a captain until Federal Recognition is confirmed.

On 20 June 1997, his command forwarded a request for Federal Recognition to the ARNG Readiness Center, Arlington, Virginia.

Orders 56-10 dated 4 September 1997 from the Deputy Chief of Staff, AZ ARNG amended the 11 June 1997 orders and changed his DOR and effective date for captain to 15 August 1997.

The applicant was extended Federal Recognition for promotion to captain effective 27 October 1997.  

National Guard Bureau (NGB) Regulation 600-100, chapter 8, established the policies and procedures for promotion of officers in the ARNG.  Essentially, officers serving in a unit where a position vacancy exists may be promoted by 

order of the Governor of the State to fill the position vacancy.  However, until Federal Recognition in the new rank is confirmed by the NGB, 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 staff to obtain approval of the promotion by the President. This approval process normally takes approximately 3 months.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment of his DOR for captain to 4 June 1997.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His DOR is shown as 15 August 1997 on State promotion orders amended on 11 June 1997.

3.  The Board notes his contentions that he was not promoted based on his MYIG date of 29 May 1999; however, State promotion orders amended on 11 June 1997 show his DOR as 15 August 1997.  The applicant has not provided nor submitted evidence to show that his DOR was incorrectly changed to 15 August 1997.

4.  The applicant was extended Federal Recognition effective 27 October 1997, which is his effective date of promotion to captain, approximately 3½ months after his command forwarded his promotion request.  The processing of the Federal Recognition board results were processed in a timely fashion and did not cause any excessive delay for the applicant.  It is noted that 27 October 1997 is his effective date for promotion to captain and not his DOR.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_mkp____  _kak____  __rtd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001057178	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.07	
2.		
3.		
4.		
5.		
6.