BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160009039 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 BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160009039 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 ____________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. BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160009039 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 an adjustment of her effective date of rank (DOR) for promotion to major (MAJ) in the Alabama Army National Guard (ALARNG) from 16 December 2015 to 22 February 2014. 2. The applicant states on 22 February 2014, the State Promotion Board selected her for promotion to MAJ. She accepted the promotion, a promotion packet was submitted, and she was advised the Federal recognition process could take a while so she needed to be patient. After several months of inactivity, she contacted the personnel officer at her new unit to find out the status. The personnel officer informed her that her promotion packet was never received; therefore, she would not be promoted. A Department of the Army Promotion Board was scheduled within the next 90 days and she would have to wait for the results of that Board before going before the next State promotion board. She had been Federally promoted; however, her promotion in the ARNG would be delayed. 3. The applicant provides: * DA Form 1559 (Inspector General Action Request) Continuation Sheet * memorandum, subject: 2014 State Career Management Board Results * email correspondence from various ARNG officials for the period February 2014 through April 2016 CONSIDERATION OF EVIDENCE: 1. The applicant currently is serving as an MAJ in the ALARNG in the Medical Services Branch. 2. On 5 January 2016, the Joint Force Headquarters, ALARNG published Orders 005-536, promoting her to MAJ with an effective date and DOR of 16 December 2015. 3. On 11 January 2016, the National Guard Bureau (NGB) published Special Orders Number 12 AR extending her Federal recognition for promotion to MAJ with an effective date and DOR of 16 December 2015. 4. The applicant provided: a. The continuation page from her Inspector General complaint which identifies her delayed promotion to MAJ as one of three complaints. The applicant did not provide the Inspector General findings. b. A memorandum, dated 22 February 2014, showing that she was selected for promotion to MAJ during the 2014 ALARNG State Career Management Board Results. c. Numerous email messages, dated between 2014 and 2016, detailing her promotion to MAJ, her unit transfer, and her medical processing. Email relevant to her promotion to MAJ shows she encountered problems updating her Officer Record Brief, accessing personnel systems, and tracking her promotion packet. Of note are the following email messages: (1) 18 February 2014, from the 129th Medical Company Administrative Noncommissioned Officer (NCO) notifying the applicant that the documents submitted to the State were received; (2) 10 June 2014, from the 129th Medical Company Readiness NCO stating they were working on her NGB promotion packet, but her current licensure/certification was needed because the one in her records had expired. The applicant responded by stating the documents were in her household goods and she would attempt to get a copy from the State Board. There is no indication when these documents were provided; and (3) 19 November 2014, from 20th Special Forces Group S-1 stating the applicant's old unit "dropped the ball" when they failed to submit her promotion packet; there was no recourse available to the applicant. 5. The Fiscal Year 2015, MAJ, Army Medical Department Selection Board convened on 30 March 2015. The board results were released on 29 October 2015, which show the applicant was selected for promotion to MAJ. 6. On 13 September 2016, NGB provided an advisory opinion in response to the applicant's request wherein they recommended disapproval. This official stated: a. The ALARNG memorandum, dated 22 February 2014, referenced by the applicant is a letter of intent for a unit vacancy promotion. It shows on this date the applicant and 38 other officers were notified of selection by the State for the potential to be promoted to the next higher grade. Each officer was required to transfer to a position in the higher grade via a reassignment board. The applicant's transfer was effective on 8 July 2014. b. In accordance with National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), chapter 10, a Federal Recognition Board must be held by the State in order to be promoted under a unit vacancy. In this case, there is no evidence that such a board was held. c. This opinion was coordinated with the ARNG Federal Recognition section. d. The ALARNG concurred. e. The advisory opinion does not address the applicant's contention that her unit's failure to submit her promotion packet caused her delayed promotion. 7. On 14 September 2016, the applicant was provided a copy of this advisory opinion. She responded on 14 October 2016, by stating that although factual, the NGB official had oversimplified the circumstances regarding the failure of her unit to submit her promotion packet in a timely fashion and it was presumed that all appropriate action was taken. REFERENCES: 1. National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Matters) prescribes procedures for processing all applications for Federal recognition and announces policy dealing with civilian and military education requirements for promotion. a. To be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG commissioned officer must Federally recognized. b. States will not promote a commissioned officer who is being considered by a Headquarters, Department of the Army, Selection Board from the time the board convenes until its recommendations are announced. 2. Due to changes implemented by the Office of the Secretary of Defense, Office of the Under Secretary of Defense for Personnel Readiness (Officer and Enlisted Personnel Management), and Headquarters, Department of the Army (HQDA), on 12 March 2015, promotion recommendations have had significantly longer processing timelines through Calendar Year 2015. This was due to the promotion packet having to go through the scrolling process. Consequently, all Fiscal Year 2015 HQDA Reserve Component Centralized Boards have been released 7 to 8 months after the date the board closed. In addition, individuals recommended for unit vacancy promotion can expect a 6 to 7 month processing time for all promotion scrolls after receipt at HQDA. DISCUSSION: 1. The applicant requests correction of her DOR to MAJ from 16 December 2015 to 22 February 2014. 2. On 22 February 2014, the State Career Management Board recommended the applicant's promoted to MAJ. Although the applicant provides email correspondence showing her promotion packet was submitted when it, in fact, was not, this is not clear evidence of an error. 3. The email that was provided also shows she was required to provide current certification documents needed for her packet and there is no indication of when those documents were provided. 4. Nonetheless, had everything been properly submitted on time by the State to NGB, the applicant's promotion required her transfer to a unit vacancy in the higher grade and then granted Federal recognition. Her transfer occurred on 8 July 2015 and Federal recognition did not occur until 16 December 2015. Her DOR and consequently her Federal recognition order reflected this same date. 5. The Federal recognition effective date for promotion to MAJ cannot be modified because that would effectively amend the Secretary of Defense's action, which is not within the authority of NGB and the Army Board for Correction. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009039 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009039 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2