BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006265 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006265 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 her records to reflect her appointment in the New Jersey Army National Guard (ARNG) as a major in lieu of as a captain and receipt of all associated back pay. 2. The applicant states: a. On 4 March 2003, the Department of the Army Mandatory Promotion Board promoted her to major/O-4 in the U.S. Army Reserve Individual Ready Reserve with a promotion eligibility date of 31 October 1999. On 24 April 2003, she joined the New Jersey ARNG and was appointed as a captain instead of as a major. b. She requests adjustment of all pay received to reflect this appointment as major and to receive the pay difference calculated from 24 April 2003 to 3 May 2005. On 4 May 2005, she was promoted to major in the ARNG. 3. The applicant provides: * U.S. Total Army Personnel Command memorandum, dated 24 March 2003 * National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 24 April 2003 * State of New Jersey Orders 156-001, dated 5 June 2003 * U.S. Army Reserve Personnel Command Orders C-06-315509, dated 16 June 2003 * NGB Special Orders Number 182 AR, dated 21 July 2003 * NGB Form 23B (ARNG Retirement Points History statement), dated 20 October 2014 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 13 May 1988, she was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant. 3. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period 17 October 1988 through 1 December 2000 shows she was honorably released from active duty on 1 December 2000 due to non-selection for permanent promotion. She completed 12 years, 1 month, and 15 days of net active service during this period. Her rank is shown as captain with an effective date of 1 November 1992. 4. On 2 October 2001, she was appointed a Reserve commissioned officer of the Army of the United States in the rank of captain. Her NGB Form 23B shows she was assigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement) from 2 December 2000 through 23 April 2003. 5. U.S. Total Army Personnel Command memorandum, dated 24 March 2003, subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, states the applicant, an officer of the ARNG of the United States, was selected for promotion to the rank of major under the provisions of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) by a board that adjourned on 4 March 2003. Her promotion eligibility date is listed as 31 October 1999. The effective date of the promotion would be either of the following dates: a. 31 October 1999, b. the date Federal recognition is extended in the higher grade, or c. the date Federal recognition was terminated in current the Reserve grade. 6. Her NGB Form 337 shows she was granted temporary Federal recognition in the grade of captain in the New Jersey ARNG on 24 April 2003. 7. State of New Jersey, Department of Military and Veterans Affairs, Orders 156-001, dated 5 June 2003, appointed her as a captain in the ARNG effective 24 April 2003. 8. U.S. Total Army Personnel Command memorandum, dated 9 June 2003, subject: U.S. Army Reserve Components Promotion Board Results, released the results of the 2003 Department of the Army Reserve Components Selection Board for Major, Army Medical Department Board (AMEDD). The applicant's name appears on the list. The list was approved on 20 May 2003 with an official release date of 24 June 2003. 9. U.S. Army Reserve Personnel Command Orders C-06-315509, dated 16 June 2003, released her from the USAR Control Group (Reinforcement) and assigned her to the New Jersey ARNG by reason of appointment effective 24 April 2003. 10. NGB Special Orders Number 182 AR, dated 21 July 2003, announced the extension of Federal recognition to the applicant in the New Jersey ARNG in the rank of captain effective 24 April 2003 based on her transfer from the USAR. 11. NGB memorandum, dated 4 May 2005, subject: Promotion as a Reserve Commissioned Officer of the Army, announced her promotion to the rank of major in the Reserve of the Army for service in the ARNG of the United States effective 4 May 2005. 12. Her DD Form 214 covering the period 1 October 2004 through 31 March 2014 shows she was honorably released from active duty due to completion of required active service. She completed 9 years and 6 months of net active service during this period. Her rank is shown as major with an effective date of 4 May 2005. 13. A DD Form 215 (Correction to DD Form 214) shows her DD Form 214 with a separation date of 31 March 2014 was corrected to show she was transferred to the USAR Control Group (Reinforcement) at the time of her release from active duty. 14. U.S. Army Human Resources Command Orders B-04-401857, dated 21 April 2014, promoted her in the USAR to the rank of lieutenant colonel effective 2 April 2014. 15. Her DD Form 214 covering the period 1 April 2014 through 31 October 2014 shows she retired effective 31 October 2014. She completed 7 months of net active service during this period. Her rank is shown as lieutenant colonel with an effective date of 2 April 2014. 16. The Chief, Personnel Policy Division, NGB, provided an advisory opinion on 1 December 2017 wherein he stated NGB recommends disapproval of the applicant's request that her appointment to the New Jersey ARNG reflect the rank of major and that she receive pay and allowances in the rank of major from 24 April 2003 to 4 May 2005. a. Upon review of the applicant's records, it was determined she was considered by a Department of Army promotion board while in the Active Component and was separated from active duty for non-selection for promotion. She was considered by the Department of Army promotion board while in the USAR in Fiscal Year 2002, but not selected. She was later selected for promotion to major in Fiscal Year 2003; however, the board was approved after her accession into the New Jersey ARNG. She was promoted to the rank of major in the New Jersey ARNG effective 4 May 2005. b. The applicant bases her contention on the provided U.S. Total Army Personnel Command memorandum, dated 24 March 2003, showing she was eligible for promotion to major on 4 March 2003. However, upon coordination with the New Jersey ARNG and the ARNG Department of the Army Boards Branch, the validity of the memorandum could not be verified. Additionally, a U.S. Total Army Personnel Command memorandum, dated 9 June 2003, wherein the results of the 2003 Department of the Army Reserve Components Selection Board for Major, AMEDD Board were released, shows the list was approved on 20 May 2003. The ARNG Department of the Army Boards Branch confirmed the approval date of 20 May 2003 to be the accurate date of promotion eligibility. c. The applicant was not eligible for promotion to major in the ARNG prior to her accessioning date of 24 April 2003 in the ARNG and the board was not approved until after her accessioning into the ARNG. Therefore, she was properly accessed into the New Jersey ARNG in the rank of captain. d. This opinion was coordinated with the ARNG Federal Recognition Branch. 17. The applicant was provided a copy of the advisory opinion on 5 December 2017 and given an opportunity to respond. She did not do so. REFERENCES: Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the ARNG of the United States and the USAR and warrant officers of the USAR. To be eligible for selection, an ARNG of the United States or USAR officer who meets the eligibility requirements must be properly in an active status and participating satisfactorily in Reserve training. An officer is ineligible for consideration if he or she was appointed to or from assignment to a special branch (AMEDD, Chaplain, or Judge Advocate General Corps) before the effective date of the promotion. DISCUSSION: 1. The applicant provided a copy of a U.S. Total Army Personnel Command memorandum, dated 24 March 2003, which states the applicant, an officer of the ARNG of the United States, was selected for promotion to major by a board that adjourned on 4 March 2003. 2. There are multiple discrepancies with this letter. The 24 March 2003 memorandum, referencing her promotion to major in the ARNG, predates her actual appointment in the ARNG, which did not transpire until 24 April 2003 in the rank of captain. 3. Secondly, a U.S. Total Army Personnel Command memorandum, dated 9 June 2003, released the results of the 2003 Department of the Army Reserve Components Selection Board for Major, AMEDD Board. It shows the applicant's name appears on the list and the list was approved on 20 May 2003, which was verified by the ARNG Department of the Army Boards Branch to be the accurate date of promotion eligibility. This 20 May 2003 date of promotion board approval is after the applicant's appointment in the ARNG. 4. NGB provided an advisory opinion and recommended disapproval of the applicant's request, stating she was not eligible for promotion to major prior to her accessioning date of 24 April 2003 and the promotion board results were not approved until after her accessioning into the ARNG. Therefore, NGB determined she was properly accessed into the ARNG in the rank of captain. BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006265 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006265 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006265 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2