ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170011209


APPLICANT REQUESTS:  date of rank correction from 2 May 2017 to 18 August 2016.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Timeline/Significant Events

FACTS:

1.  The applicant states that he was unjustly removed from two promotion scrolls                       (P07-16 and P08-16) and was finally promoted on 2 May 2017.  He was removed from the aforementioned scrolls based on derogatory information in his personnel records.  This information was the result of a civil conviction issue that was waived prior to his commissioning and subsequent promotions to First Lieutenant and Captain, and a miscommunication and lack of clarity between the National Guard Bureau and Headquarters Department of the Army concerning the newly established exemplary conduct/suitability screening requirements.  Final determination concluded that the derogatory information did not impact his exemplary conduct requirement and therefore he was placed on the P02-17 scroll.  His promotion should not have been withheld from the original scroll he was assigned to and his effective date of promotion to Major should be 18 August 2016.

2.  The applicant provides a timeline of significant events from when he was assigned to and removed from a scroll with respect to promotion to Major.

3.  A review of the applicant’s records shows the following on: 

* 3 December 1999 - enlisted in the United States Army National Guard (ARNG)
* 11 May 2005 - honorably discharged from the ARNG as a Sergeant 
* 12 May 2005 - commissioned as Second Lieutenant in the ARNG
* 12 May 2007 - promoted to First Lieutenant
* 26 October 2010 - promoted to Captain
* 2 May 2017 - promoted to Major with a date of rank of 2 May 2017

4.  On 8 February 2019 an advisory opinion was requested from the Army National Guard Bureau (ARNGB) regarding the applicants request for a date of rank adjustment.

5.  On 14 May 2019, the ARNGB reviewed the applicant’s records and rendered an advisory opinion in his case.  ARNGB recommends the partial approval of the applicant’s request therein adjusting his date of rank from 2 May 2017 to                                          15 September 2016, the approval date of scroll 07-16.  The ARNGB was unable to locate any evidence to suggest the removal from scroll 07-16 was due to any fault of the Soldier and the preliminary derogatory information later inquired on was an issue that had previously been addressed at the ARNG national level.  A copy of the complete advisory opinion has been provided to the Board for their review and consideration.

6.  On 17 May 2019 the applicant was advised of the ARNGB recommendation of partial approval and afforded him the opportunity to submit comments. 

7.  On 22 May 2019 the applicant stated he had no additional comments on the advisory option and respectfully requested final determination of his case. 

8.  Title 10, U.S. Code, section 14308, paragraph (f) states that "the effective date of a promotion of a Reserve commissioned officer of the Army who is extended Federal recognition in the next higher grade in the ARNG under section 307 or 310 of Title 10 shall be the date on which such Federal recognition in that grade is so extended.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion.  The Board discussed the delay in the applicant’s promotion, evidence of derogatory information and recommendation of the advising official.  The Board determined that the applicant’s Date of Rank to Major should be changed.  The Board cannot affect the date when his federal recognition was extended. 

2.  After reviewing the application and all supporting documents, the Board found that relief was warranted.

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:

The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his date of rank for promotion to Major to be 15 September 2016.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the date of his federal recognition for promotion to Major.



	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

Title 10, U.S. Code, section 14308, paragraph (f) states that "the effective date of a promotion of a Reserve commissioned officer of the Army who is extended Federal recognition in the next higher grade in the ARNG under section 307 or 310 of Title 10 shall be the date on which such Federal recognition in that grade is so extended.


ABCMR Record of Proceedings (cont)	 AR20170011209
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