BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090005183 


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 that his date of rank (DOR) to first lieutenant (1LT) be corrected from 22 April 2008 to 22 October 2007.

2.  The applicant states that new directives allow for the promotion of Reserve Component officers to 1LT with 18 months time in grade (TIG).

3.  The applicant provides a memorandum from the Assistant Secretary of the Army, Manpower and Reserve Affairs (ASA-M&RA) dated 19 August 2008, which states that effective the date of the memorandum, second lieutenants (2LT) could be promoted to 1LT with 18 months TIG.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was commissioned as a second lieutenant in the Army National Guard (ARNG) and afforded Federal Recognition in that rank effective 13 August 2006.

2.  Effective 22 April 2008, the applicant was promoted to 1LT.

3.  On 14 January 2005, the Director of Military Personnel Management, Office of the Deputy Chief of Staff, G-1, published a memorandum which provided for the promotion of officers in the rank of 2LT to 1LT with 24 months TIG.

4.  In the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB).  The NGB stated that the ASA-M&RA memorandum was effective the date of signature on 19 August 2008.  As such, the applicant was properly promoted to 1LT when he reached 24 months TIG.  The NGB recommends disapproval of the applicant's request.  The applicant was provided a copy of the advisory opinion and did not submit additional matters for the Board to consider.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was promoted to 1LT prior to the effective date of the memorandum authorizing such promotions with 18 months TIG, he was properly promoted to 1LT under the policy memorandum dated 14 January 2005 which provided for the promotion of 2LTs to 1LTs with 24 months TIG.  

2.  As such, there is no error or injustice to correct in this case.

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 that 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)                                         AR20090005183





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ABCMR Record of Proceedings (cont)                                         AR20090005183



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