IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015301 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015301 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing his date of rank to first lieutenant as 28 December 2013. _____________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: 16 March 2017 DOCKET NUMBER: AR20150015301 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 military records by showing his date of rank (DOR) for first lieutenant (1LT) as 28 December 2013. 2. The applicant states errors occurred because his initial Federal recognition packet fell out of the National Guard Bureau (NGB) tracking system. He was told by NGB that he would receive his promotion to 1LT on 28 December 2013; however, the orders were not published until 3 April 2014. After speaking with his brigade personnel officer (S1) and the State personnel officer (G1), he was informed that the correct date was 28 December 2013. However, because his promotion orders were already published with a 3 April 2014 DOR, he had to apply to the Army Board for Correction of Military Records (ABCMR) for relief. 3. The applicant provides no additional documentation. CONSIDERATION OF EVIDENCE: 1. Orders 187-811, State of South Carolina, dated 5 July 2012, appointed the applicant as a 2LT in the ARNG with a DOR of 28 June 2012. 2. Special Orders Number 291, National Guard Bureau, dated 21 October 2014, announced the applicant’s extension of Federal Recognition as a 2LT in the ARNG with an effective date and DOR of 3 October 2013. 3. Orders 296-911, State of South Carolina, dated 23 October 2014, announced the applicant’s promotion to 1LT with an effective date and DOR of 3 April 2014. 4. Orders 316-864, State of South Carolina, dated 12 November 2014, amended the orders discussed in paragraph 3 above by showing his effective date and DOR for 1LT as 28 December 2013. 5. Special Orders Number 8, National Guard Bureau (NGB), dated 12 January 2015, announced the applicant’s extension of Federal Recognition as a 1LT in the ARNG with an effective date and DOR of 3 April 2014. 6. On 11 August 2015, the ABCMR considered the applicant’s earlier request to correct his DOR for 2LT from 3 October 2013 to 28 June 2012. After a careful and complete review of the applicant’s records, the Board determined that his records merited correction by showing his DOR for 2LT as requested. 7. Special Orders Number 197, NGB, dated 2 September 2015, amended the orders discussed in paragraph 2 above by changing the applicant’s 2LT effective date and DOR to 28 June 2012. 8. An email communication from the G1, SCARNG, dated 19 January 2017, provided the following advisory opinion: a. The applicant should be granted full relief. He was originally appointed on 28 June 2012. The SCARNG requested the appointment through the legacy system during the timeframe the NGB was informed that they had to migrate all names from the legacy system into the "RCMS Suite-HRP-E-tracker." As this action took place, the SCARNG assumed that the applicant's appointment had been migrated. It was almost a year later when they realized his name had not been moved into the new database. The SCARNG immediately requested another action for his initial appointment. b. Because the applicant’s appointment process was extended, it was about 16 months later when his initial appointment order arrived. This caused a delay of his request for promotion to 1LT, which was not sent forward until 3 April 2014. However, it could not be worked due to not having received his initial appointment order. c. In the previous ABCMR case, the applicant was granted relief by changing his 2LT DOR from 3 October 2013 to 28 June 2012. Accordingly, his DOR for 1LT should be changed to 28 December 2013. 9. On 31 January 2017, the NGB provided a memorandum wherein it recommended approval to adjust the applicant’s 1LT DOR and effective date to 28 December 2013. The applicant had completed the Basic Officer Leadership Course in 2012; and was otherwise qualified as of 28 December 2013 for promotion to 1LT. The SCARNG concurred with the NGB recommendation. 10. On 10 February 2017, copies of the SCARNG and NGB advisory opinions were sent to the applicant for his information and opportunity to respond. He did so via email that same day, agreeing with both recommendations. REFERENCES: 1. National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition. a. Paragraph 2-2 states the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State. b. Paragraph 2-13 states temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal recognition board (FRB) pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army. c. Temporary Federal recognition may be granted by an FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG. The FRB will forward the NGB Form 89 and allied documents to The Adjutant General. When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB. If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB, extends permanent Federal recognition to the member in the grade and branch in which the member is qualified. 2. NGB Memorandum, NGB-ARH Policy Memo 08-035 (Subject: Reduction in the Time in Grade Requirement for Promotion of Reserve Component Officers to First Lieutenants) identifies the time in grade requirement from 2LT to 1LT as 18 months. Per PPOM 13-006 the State must consider all 2LTs for promotion and complete a NGB Form 78 at 18 months of time in grade, whether or not the Soldier is qualified and recommended for promotion. 3. Title 10, U.S. Code, section 624(c), states appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of 1LT or captain (CPT) in the case of officers of the Army shall be made by the President alone. 4. Executive Order 12396(c) states the Secretary of Defense is designated to perform, without approval, ratification, or other action by the President, the authority vested by Title 10, U.S. Code, section 624(c), to appoint officers in the grades of 1LT and CPT in the Army. DISCUSSION: 1. The applicant contends that his military records should be corrected by showing his 1LT DOR as 28 December 2013. Through an advisory opinion, it appears the applicant's name was not migrated from an NGB electronic legacy system for officer promotions to a new system, and thus he was not considered for promotion when he met time in grade and time in service eligibility requirements. 2. NGB Special Orders 8 announced the applicant’s promotion with Federal recognition to 1LT with an effective date and DOR of 3 April 2014. 3. The available evidence shows that in 2015, the applicant’s effective date and DOR for 2LT were changed by this Board from 3 October 2013 to 28 June 2012. This made him eligible for promotion to 1LT on 28 December 2013 at the 18 month time in service/time in grade requirement point. 4. His effective date of promotion to 1LT cannot be earlier than the date the Secretary of Defense approved his appointment, which is his Federal recognition date. His DOR, however, may be 28 December 2013 for all purposes except pay and allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015301 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2