IN THE CASE OF: BOARD DATE: 24 MARCH 2009 DOCKET NUMBER: AR20080005114 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, in effect, that his Federal recognition date for promotion to captain (CPT) be changed from 15 November 2007 to 24 June 2007. 2. The applicant essentially states that he timely filed his promotion packet for promotion to CPT, but his unit accidentally created a unit vacancy promotion packet instead of his Department of the Army (DA) promotion selection packet. He also states that this error was discovered and corrected, and that he was finally promoted to CPT on 15 November 2007. However, he states that his DA selection date was 24 June 2007, and that he asked his personnel officers many times how a DA promotion selection packet worked, but that he was erroneously advised to submit a unit vacancy promotion packet instead. He further states, in effect, that after his DA selection date had passed, another officer found that his DA promotion selection packet would work faster, and that this packet was created and submitted, and his Federal recognition occurred on 15 November 2007. Additionally, he states that he discovered that if his personnel officer had submitted his DA promotion selection packet 90 days before his DA selection date, his Federal recognition would have occurred on 24 June 2007. 3. The applicant provides a memorandum, dated 2 February 2006, which shows that he was selected for promotion to CPT by a board which adjourned on 17 November 2005; e-mails, dated 24 August 2006, 17 March 2007, and 22 May 2007; a memorandum, dated 13 July 2007, in which he requested transfer to a new position with a different unit; an order, dated 2 August 2007, which transferred him to Headquarters and Headquarters Company, 29th Infantry Division effective 1 July 2007; an e-mail, dated 11 September 2007; a memorandum, dated 17 September 2007, in which he accepted promotion to CPT; a self-authored memorandum, dated 19 October 2007; six e-mails, all dated 19 October 2007; his Personnel Qualification Record, dated 22 October 2007; two memoranda, dated 23 October 2007, which recommended him for promotion; two e-mails, dated 23 October 2007; a memorandum and orders, dated 15 November 2007, which promoted him to CPT, effective 15 November 2007; and an e-mail, dated 16 November 2007 in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving as a CPT in the Virginia Army National Guard (ARNG). 2. The applicant's military records show that he was discharged from his enlisted status, on 23 June 2000, and appointed as a second lieutenant in the ARNG, on 24 June 2000. He was promoted to first lieutenant effective 24 June 2002. 3. U. S. Army Human Resources Command - St. Louis Memorandum, dated 2 February 2006, promoted the applicant to Reserve CPT. His effective date of promotion would be either 23 June 2007; the date Federal recognition was extended in the higher grade; or the date following the date Federal recognition was terminated in his current Reserve grade. 4. He was promoted to CPT and issued National Guard Bureau Federal Recognition Orders Number 283 AR, dated 15 November 2007, which awarded him permanent Federal Recognition for promotion to the grade of CPT, effective 15 November 2007. 5. During the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB), Personnel Division. That office recommended approval of the applicant's request to adjust his date of rank (DOR) from 15 November 2007 to 24 June 2007 based on National Guard Regulation (NGR) 600-100 promotion guidance and the supporting documents provided. 6. A copy of this advisory opinion was forwarded to the applicant and he concurred with the advisory opinion. 7. NGR 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal recognition. Paragraph 2-1 states that commissioned officers of the ARNG are appointed by the States under Article 1, Section 8 of the U. S. Constitution. These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. 8. Section 14308(f) of Title 10, United States Code states that the effective date of a promotion of a Reserve commissioned officer in the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended. 9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his Federal recognition date for promotion to CPT should be changed from 15 November 2007 to 24 June 2007. 2. Evidence shows that the applicant was selected by a DA Mandatory Promotion Board and met all of the criteria for promotion to CPT on 24 June 2007. 3. It appears that the applicant's promotion packet was incorrectly processed, which resulted in the delay of his Federal recognition. Due to the fact that there was an error in the processing of his permanent Federal recognition, it would be appropriate in this case to amend his Federal recognition orders for his promotion to CPT to show the effective date of 24 June 2007. 4. In view of the foregoing, there is no basis for granting relief to the applicant in this case. BOARD VOTE: __X______ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 283 AR, dated 15 November 2007, to show that he was extended Federal Recognition effective 24 June 2007 for promotion to the grade of CPT. _______ _ XXX _______ ___ 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) AR20080005114 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080005114 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1