IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012189 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012189 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. IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012189 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 correction of his records to show he was promoted to the rank/grade of major (MAJ)/O-4 prior to retirement on 30 April 2015 and that he was retired in the rank/grade of MAJ/O-4 vice captain (CPT)/O-3. 2. The applicant states: a. He was selected for promotion to MAJ by the Department of the Army (DA) 2012 MAJ Army Promotion List (APL) board and he served in a MAJ position, but he was not promoted. He served in his first MAJ position as a CPT in 2011. During that period, he was assigned as the battalion (BN) executive officer (XO) and acting BN commander for more than 12 months for twelve subordinate units and over 900 Soldiers and leaders. He served honorably and successfully in three company commands and deployed to Iraq for Operation Iraqi Freedom (OIF) leading up to his last assignment. b. He is requesting promotion from CPT to MAJ. He is no longer on active duty and is retired. His records reflect strong officer evaluation reports (OERs), a history of over-grade assignments, combat service, high ratings, and awards for service and achievement. c. There were control grade holds on promotions from pay grade O-3 to O-4 prior to retirement. He had over 20 years of active duty service based on his Army Guard/Reserve (AGR) service and was subject to the National Guard Bureau (NGB) and the Texas Army National Guard (TXARNG) rules that had limited control grades for MAJ and a waiting list for promotion for TXARNG AGR Soldiers. He was held in high esteem by his superiors and was denied retirement on two occasions. This was due to his chain of command's need for him to remain in the service to tackle challenging assignments due to the lack of available and qualified AGR officers. d. During the period 2011 to 2015, he made inquiries via his chain of command for promotion from CPT to MAJ, as he met all requirements, achieved DA Select Status, and served in a valid MAJ position. The control grade system used to issue MAJ promotions between the NGB and TXARNG AGR program was back-logged during this period of time and it still is. e. He was never told verbally or in writing that he would not receive the promotion to MAJ, only that the issuance of control grade promotions was limited by local governance. In July 2014, he was placed in the role of BN S-3 operations officer in charge (OIC) to support an Engineer BN. He successfully guided the direction of the BN's S-3 operations and daily functions as OIC. A suitable replacement was located and his third request for retirement was approved. 3. The applicant provides: * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * two DA Forms 67-9 (OER) * four orders, dated between 23 February 2005 and 23 December 2015 * three memoranda, dated between 8 August 2006 and 10 April 2011 * an official photograph of himself in uniform, dated 22 February 2011 * two pages titled Biographical Sketch, dated 10 September 2014 CONSIDERATION OF EVIDENCE: 1. The applicant was serving in the TXARNG in the rank/grade of first lieutenant (1LT)/O-2 and entered active duty as a member of his TXARNG unit in support of OIF on 16 July 2004. He served in Iraq from 22 November 2004 to 27 October 2005. 2. He provides Permanent Orders (PO), dated 23 February 2005, issued by the TXARNG, awarding him the Combat Action Badge effective 22 February 2005. On 22 November 2005, he was released from active duty to the control of the TXARNG. 3. On 23 November 2005, he entered active duty as a member of the TXARNG in an active Guard/Reserve (AGR) status. On 7 August 2006, he was promoted to the rank/grade of CPT/O-3. He served continuously on active duty in an AGR status. 4. He provides: a. Two DA Forms 67-9, covering the rated periods 1 August 2010 through 31 July 2011 and 1 August 2011 through 30 June 2012, that he received while performing duties as XO, Headquarters Service Company (HSC) (Rear), 111th Engineer BN, TXARNG, Brownwood, TX. b. These OERs stated, in part, he served as the principle assistant to the BN commander for 10 guidons consisting of 842 authorized nondeployed Soldiers. He performed duties as the BN's chief of staff and served as the acting BN commander for continental United States nondeployed elements. Each OER shows his rater evaluated him as "Outstanding Performance, Must Promote" and his senior rater as "Best Qualified." 5. He also provides a memorandum, dated 10 April 2011, stating he assumed temporary command of the 111th Engineer BN (Rear), TXARNG, for the period 10 April 2011 to 4 May 2012 in the temporary absence of Lieutenant Colonel TS. 6. He was honorably retired from active duty on 30 April 2015 in the rank of CPT and he was placed on the Retired List in the rank of CPT on 1 May 2015. He completed over 21 years of active service as a member of the ARNG. 7. In the processing of this case, an advisory opinion was received from the Deputy Chief, Personnel Policy Division, NGB, on 27 May 2016. The advisory official recommended denial of the applicant's request and opined, in part: a. The applicant was placed in a MAJ/O-4 mobilization day (M-Day) position in 2011 as part of a rear detachment for a deploying BN. Although the applicant was an AGR officer assigned to a higher grade M-Day position, he was not authorized promotion in that position as an AGR officer. b. The applicant was placed in a MAJ/O-4 position on 15 April 2014. Subsequently, he was placed on the wait list for AGR promotion to MAJ, subject to the availability of a control grade authorization. The applicant was number 16 on the list for the TXARNG. However, he retired on 30 April 2015 prior to his succession on the list. c. National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), paragraph 8-17(a), states, "Officers serving on AGR tours, Title 10 or Title 32, who are selected for promotion by a DA mandatory board cannot be promoted because of grade authorization…Promotion of these officers is delayed and they remain on the list until they are…promoted to the higher grade following grade authorization availability or reassignment to an AGR position calling for the higher grade." Although he served in a MAJ position in 2011 and 2012, he did not receive an official grade authorization to MAJ. Therefore, the applicant cannot be retired as a MAJ. d. The advisory opinion was coordinated with the Officer Policy Branch, NGB, and the TXARNG concurred with the recommendation. 8. In a memorandum to the NGB, an official with the TXARNG stated the applicant was placed in a vouchered O-4 AGR position on 15 April 2014 and was number 16 on the list waiting for a vouchered grade authorization for promotion. The officer directly ahead of the applicant on the list was promoted on 24 August 2015 and the officer directly behind the applicant on the list was promoted on 1 October 2015. The applicant's projected promotion would have been after his retirement date. 9. On 7 June 2016, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal; however, no response was received. REFERENCES: NGR 600-100: a. Paragraph 8-17 (Delay of Promotion) states officers serving on AGR tours, Title 10 or Title 31, who are selected for promotion by the DA Mandatory Board but cannot be promoted because of grade authorizations or because they are not in a position calling for the higher grade are not required to decline promotion. The promotion of these officers is delayed and they remain on the promotion list until they are: (1) Removed from the promotion list in accordance with Army Regulation 135-155 (ARNG and U.S. Army Reserve - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), chapter 3. (2) Promoted to the higher grade following grade authorization availability or reassigned to an AGR position calling for the higher grade. (3) Promoted to the higher grade following release from the AGR program. b. Paragraph 8-20 (Procedures) states, in part, States are only authorized to promote Title 10 AGR officers when the officer is serving in a higher grade position and an appropriate grade authorization has been provided to the respective State by the NGB. DISCUSSION: The applicant was honorably retired on 30 April 2015 in the rank of CPT. Although he may have served honorably in MAJ positions and was on the list waiting for a vouchered grade authorization for promotion to MAJ, the evidence of record confirms he was not promoted to MAJ prior to his retirement from active duty and the TXARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012189 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012189 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2