ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2019 DOCKET NUMBER: AR20170009383 APPLICANT REQUESTS: a correction to his date of rank and pay/allowances date to Colonel (COL) to show 26 July 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * Summary of Arizona National Guard Assignments/Promotion Orders * Notification of Results of 2011 Colonel Promotion Consideration Board * Duty Assignment Orders (2) * Promotion Orders * NGB Form 89 (Proceedings of a Federal Recognition Examining Board) * Notification of the FY13 Department of the Army (DA) Mandatory Board Results * FY13 Colonel Army National Guard United States (ARNGUS) Selection List * 2013-2014 Congress Nominees – PN833 – 113th Congress * Unit Manning Report (4) * Duty Assignment Orders, No. 127-603, dated 7 May 2015 * DA Suitability Evaluation Board (DASEB) – Record of Proceedings, dated 11 June 2015 * Army Review Board Agency (ARBA) – Response to DASEB decision * Congressional Nomination to Colonel, dated 13 July 2016 * Special Selection Board Results (SSB RS1512-09) FY13, dated 26 July 2016 * Email Correspondence, dated 19 August 2016 * Officer Record Brief, dated 27 September 2016 * Promotion Orders to Colonel, No. B-12-606455, dated 9 December 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his date of rank (DOR) and pay/allowances (PAD) reflect promotion per the 25 September 2013 Senate Confirmation List, in accordance with (IAW), Special Selection Board, #RS1512-19, dated 26 July 2016 vice his current 1 October 2016 Date of Rank and Pay Allowances Date. 3. The applicant provides: a. A self-authored statement, dated 19 May 2017, which states due to an uncorrected administrative filing error, his promotion to Colonel (COL)/O-6 was delayed by over three years. This error has detrimentally effected his career and potential retirement benefits. If left uncorrected, this error will continue to adversely impact him on a professional and personal level (see attached). b. Notification of Results of 2011 Colonel Promotion Consideration Board, dated 4 December 2011, which states the board concluded its review of his records presented and the Adjutant General approved its recommendation to select him for promotion to the rank of Colonel. c. NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 24 August 2012, which determined the applicant was qualified to be promoted to COL. d. Notification of the FY 13 DA Mandatory Board Results, dated 30 July 2013, which states the applicant has been selected for promotion to Colonel. He must meet the promotion eligibility criteria found in AR 135-155 and NGR 600-100 to be considered for promotion by the State. e. FY13 COL ARNGUS Selection List, dated 30 July 2013, which included the applicant’s name on the list. f. Congressional Nominees List for 2013-2014, which states the applicant was confirmed for promotion by Congress on 25 September 2013. g. DA Suitability Evaluation Board Determination and Directed Action, dated 11 June 2015, which states there was sufficient evidence to warrant removal of the requested document, which is located in the restricted file. The administrative General Officer Memorandum Reprimand (GOMOR), dated 19 August 2009 will be removed from the appellant’s Army Military Human Resource Record. This action does constitute grounds for promotion reconsideration. h. Memorandum from ARBA, dated 6 July 2015, which states that based on the DASEB decision, the applicant was granted full relief. i. Congressional Nomination to Colonel, dated 13 July 2016, which states the applicant was confirmed by the Senator for promotion to the grade of COL. j. Special Selection Board (SSB) Results, dated 26 July 2016, which states the applicant was considered and selected for promotion by a SSB to COL. k. Email correspondence from the applicant to his leadership, dated 19 August 2016, which states the applicant was informed the United States Reserve/Individual Ready reserve were not able to promote him to COL. He requested reconsideration. l. Email Correspondence between the applicant and senior leadership, dated 26 August 2016, requesting his promotion DOR and pay/allowance are backdated in accordance with the SSB ruling and AR 135-155 (Promotion of Commissioned Officers and Warrant Officers). m. Promotion Orders, No. B-12-606455, dated 9 December 2016, which states the applicant was promoted to the grade of COL effective 1 October 2016. 4. A review of the applicant’s service records shows: a. On 12 May 1990, he was commissioned as an officer in the Army Reserve in the rank/grade of Second Lieutenant/O-1. b. He entered active duty on 5 January 1991, and was honorably released on 4 August 1999. His DD Form 214 shows he completed 8 years and 7 months of net active service. c. On 3 October 2001, he was appointed as a commissioned officer in the Arizona Army National Guard (AARNG) in the rank/grade of Captain/O-3. d. He progressed through the ranks and was promoted to the rank/grade of Lieutenant Colonel/O-5 with the effective date of 20 July 2007. e. His promotion orders, No. 237-601, dated 24 August 2012, state he was promoted to COL with the effective date of rank of 24 August 2012. However, the NGB Form 89 states the promotion was being held at the NGB and the applicant was not promoted. f. On 16 September 2016, he tendered his resignation in Arizona Army National Guard in order to accept promotion in the U.S. Army Reserve Control Group. g. On 9 Dec 2016, the applicant was promoted in the Army Reserve to the rank/grade of COL/O-6 with the effective date of 1 October 2016. h. On 11 August 2017, the applicant’s promotion order was amended to reflect a date of rank to COL from 1 October 2016 to 19 July 2014. The effective date of rank was not amended. i. He retired from the Army Reserve on 31 March 2018. His DD Form 214 shows he completed 23 years, 6 months and 28 days of total prior active service. The DD Form 214 reflects that he retired as a COL with a date of rank of 19 July 2014. 5. On 12 March 2019, the Army Review Board Agency received an advisory opinion from the National Guard Bureau (NGB), which recommended partial approval. The NGB states the applicant reached maximum time in grade on 20 July 2013. It was recommended that COL Blodgett’s effective date to the rank of COL be adjusted from 1 October 2016 to 1 April 2015 his effective date of deployment. 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 7. By regulation, Department of the Army Personnel Policy Guidance (PPG), Chapter 13-10b (3)(d) states that “a mobilized officer who is selected for promotion by a DA Mandatory promotion board and is on an approved promotion list shall (if not promoted sooner or removed from the list by the President or declination) be promoted without regard to the existence of a vacancy, on the date on which the officer completes the maximum years of service in grade. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant was promoted pursuant to a special selection board (SSB) to COL based on the FY13 COL, APL, ARNGUS promotion selection board criteria. The Board noted that, by statute, reserve officers promoted pursuant to a SSB are entitled to the same date of rank, effective date of rank for pay and allowances, and position on the reserve active-status list as they would have been entitled to if promoted by the promotion selection board. The applicant’s date of rank and effective date of rank/promotion should have been backdated to coincide with when he would have been promoted pursuant to the FY13 promotion selection board. As such, the Board determined the 1 October 2016 date of rank and effective date of rank to COL represent error. The Secretary of the Army, and by delegation the ABCMR, has the authority to adjust dates of rank and effective dates of rank/promotion of properly appointed officers to correct errors or injustices. 2. Review of the record reflects the relief requested by the applicant with respect to his date of rank to COL has already been granted. The 9 December 2016 promotion order was amended in August 2017 to reflect a date of rank to COL of 19 July 2014 – the date he would have been promoted pursuant to the FY13 promotion selection board. As such, the Board determined the request for correction of the applicant’s date of rank to COL has been rendered moot. 3. The Board determined the applicant’s effective date of rank/promotion to COL should similarly be corrected from 1 October 2016 to 19 July 2014. Because the applicant was promoted to COL via a SSB, he is entitled to the same effective date of rank for pay and allowances as if he had been selected by the FY13 promotion selection board. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. The Board recommends that all Department of the Army Records of the individual concerned be corrected by to show an effective date of rank to Colonel as 19 July 2014. 2. The Board further determined the request for correction of the date of rank to Colonel was mooted by the 11 August 2017 order amending the date of rank to 19 July 2014. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. X____________________ CHAIRPERSON SIGNED BY: 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. REFERENCES: 1. Title 10, U.S.C., section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so 2. The ABMCR may correct an officer’s date of rank (DOR)/effective date DOR when a proper appointment has already occurred. a. Department of the Army Personnel Policy Guidance (PPG), Chapter 13-10b(3)(d) states that “a mobilized officer who is selected for promotion by a DA Mandatory promotion board and is on an approved promotion list shall (if not promoted sooner or removed from the list by the President or declination) be promoted without regard to the existence of a vacancy, on the date on which the officer completes the maximum years of service in grade. b. Title 10, U.S.C., section 14308(c) provides that adjustments to the date of rank and effective date of rank of reserve officers are made in the same manner as active duty officers appointed under Title 10, U.S.C., sections 624 and 741. Sections 624 and 741 provide for situations in which properly appointed officers are provided "backdated" DOR and effective dates to remedy errors or injustices affecting their promotion. The authority to remedy these errors or injustices is given to the Service Secretaries. Pursuant to Title 10, U.S.C., section 14308(c), a reserve officer is not entitled to additional pay or allowances if the effective date of promotion is adjusted to reflect a date earlier than the effective date of promotion unless provided for under Title 10, U.S.C., section 741(d)(4) or otherwise specifically authorized by law. c. DA Officer of the Assistant Secretary Manpower Reserve affairs memorandum dated 20 July 2006 states that lieutenant colonels selected by Reserve Component Cary Promotion List selection boards convened after 2006, increases maximum time in grade from five to six years. 3. Title 10, U.S.C., section 14502(e) provides that a reserve officer, who is promoted to the next higher grade as the result of the recommendation of a special selection board shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board that should have considered, or did consider, the officer. //NOTHING FOLLOWS//