ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2020 DOCKET NUMBER: AR20170009480 APPLICANT REQUESTS: in effect, correction of her date of rank (DOR) for promotion to major (MAJ)/O-4 from 21 March 2017 to 17 August 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders * Email correspondence * Iowa Army National Guard (IAARNG) Promotion Roster * Correspondence from thee Tracker Case FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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, in effect, the National Guard Bureau (NGB) placed her on scroll P06-16 effective 29 January 2016. NGB removed her from scroll due to possible derogatory information. NGB dropped all communication and tracking of the packet. The loss was resolved during a site visit. NGB again approved and placed her on scroll P01-17 effective 6 October 2016. P01-17 was approved effective 21 March 2017. NGB was working off draft policy and should not have removed her from scroll P06-16 until directed to do so. She never entered the Officer Review Board process. If NGB had not removed her from scroll P06-16, her DOR would be 17 August 2017. 3. The applicant was appointed a Reserve Commissioned Officer on 28 November 2006. The applicant was promoted to first lieutenant effective 19 August 2008. Her effective date of promotion to captain (CPT) was 10 January 2011. 4. The applicant was promoted to MAJ effective 21 March 2017. 5. On 13 January 2020, the Chief Special Actions Branch, National Guard Bureau (NGB), recommended approval of the applicant's request. The opinion states: a. The applicant's promotion packet began the process of Federal Recognition on 24 November 2015. On 1 February 2016, the packet was assigned to scroll PO6-16 and was later removed from the scroll on 4 April 2016, by the NGB Suitability Team. b. Title 10, section 14308(f) (Effective date of promotion after Federal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended federal recognition in the next higher grade in the ARNG or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such federal recognition in that grade is so extended. c. National Guard Regulation (NGR) 600-100 provides procedures for processing applications for Federal Recognition. Paragraph 10-15b states temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds 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 (AG). When the member is favorably recommended, the AG will endorse the packet to NGB. If the member meets the qualification 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. d. After further review and discussion with the Federal Recognition Branch there appears to have been an oversight on the applicant's Federal Recognition packet. The initial packet was submitted to the Federal Recognition Branch on 24 November 2015, and later removed by the NGB Suitability Team on 4 April 2016. The applicant's packet was initially flagged and removed due to possible derogatory information that could prevent her promotion and should have been returned to the State for corrections. This action was not completed and therefore the packet remained unattended for several months with no action taken. Once the Suitability Team became aware that no action had been taken on the packet due to oversight, it was immediately forwarded to the State for correction. The State deemed the information in the packet not to be derogatory and therefore returned the packet back without action. The packet was completed and assigned to scroll PO1-17 with a promotion date of rank of 21 March 2017. This office recommends the applicant DOR and effective date be adjusted to 17 August 2016, to be consistent with scroll PO6-16 promotions. e. The NGB Federal Recognition Office and the IAARNG concurs with this recommendation. 6. On 21 January 2020, the applicant was provided a copy of the advisory opinion. She did not respond. 7. Title 10, U.S. Code, section 624 (Promotions: How Made), states a fully-qualified list of officers on a promotion list shall be considered approved when it has been approved by the President. 8. Title 10, section 14308(f) states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended federal recognition in the next higher grade in the ARNG or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such federal recognition in that grade is so extended. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the recommendations within the NGB advisory opinion, the Board concluded that the effective date of the applicant’s promotion to MAJ should be adjusted from 21 March 2017 to 17 August 2016. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by changing the effective date of the applicant’s promotion to MAJ from 21 March 2017 to 17 August 2016. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Title 10, section 14308(f) (Effective date of promotion after Federal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended federal recognition in the next higher grade in the ARNG or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such federal recognition in that grade is so extended. 3. Title 10, U.S. Code, section 624 (Promotions: How Made), states a fully-qualified list of officers on a promotion list shall be considered approved when it has been approved by the President. 4. NGR 600-100 provides procedures for processing applications for Federal Recognition. Paragraph 10-15b states temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds 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 (AG). When the member is favorably recommended, the AG will endorse the packet to NGB. If the member meets the qualification 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. //NOTHING FOLLOWS//