ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20170016440


APPLICANT REQUESTS: Correction of his Date of Rank (DOR) for promotion to the rank/grade of captain (CPT)/O-3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Orders Number 046-825, dated 15 February 2017
* Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army, dated 23 August 2017
* Special Orders (SO) Number 172, dated 23 August 2017

FACTS:

1.  The applicant states his promotion to CPT took one year from the date of his State promotion order until his federal order was published.  He believes the delay of his promotion is because of the following:

      a. The average time on the scroll is 180 days, his took 278 days not including the 100 plus days it took for his packet to hit the scroll from the State.  

      b. His scroll had 800 individuals on it as opposed to other scrolls that have fewer applicants.  

      c. There were peers within his unit that sent their packet up 3-4 months after his and have almost the same date of rank.  
      
      d. The list of excuses he got for the delay was, it was an election year, the size of your scroll was extremely large, someone within your scroll probably had an issue with their packet, etc.  He has over 15 years of service with a combat deployment, multiple state active duty missions, and high marks on all his officer evaluation reports; he does not believe that it is fair to any Soldier to have to wait so much longer than others due to a process.  This delay will impact his future career progression and prevent him from being promoted with his peers at no fault of his own.

2.  A review of the applicant’s service records show the following on:

* 1 November 2011 – the applicant was appointed as a Reserve commissioned officer in the Arkansas Army National Guard, and executed an oath of office
* 8 May 2014 – Orders Number 128-811, issued by the Office of the Adjutant General, promoted the applicant to the rank/grade of first lieutenant (1LT)/O-2 with a DOR of 1 April 2013
* 14 May 2014 – Orders Number 134-841, issued by the Office of the Adjutant General, amended Orders Number 128-811 insomuch as changing effective DOR from 1 April 2013 to 1 May 2013
* 23 August 2017 – SO Number 172, issued by the National Guard Bureau (NGB), Federally recognized and promoted the applicant to the rank of CPT with a DOR of 8 August 2017

3.  The applicant provides:

* Orders Number 046-825, issued by the Office of the Adjutant General, showing the applicant was transferred from Headquarters and Headquarters Company (HHC), Special Troops Battalion, 39th Brigade to HHC, 39th Infantry Brigade
* Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army wherein the applicant was promoted to the rank of CPT effective 8 August 2017 and his time in grade for promotion to the next grade would be computed from his DOR for CPT


4.  On 19 March 2019, the NGB reviewed the applicant's records and rendered an advisory opinion in his case.  After a thorough review, the Chief, Special Actions Branch opined that, after further investigation it appears several delays occurred during the scrolling process at no fault of the applicant.  Scroll P04-17 which directly proceeded the scroll in contention was signed on 20 December 2016, and it took an average of 177 days to get signed.  The National Guard Federal Recognition Section identifies the time frame for assignment of a scroll to be approximately two to three weeks and the general
processing time for a scroll to be completed as approximately six to eight months. Based on the average processing times and the proceeding scroll approval and as a matter of equity, it is the recommendation of their office for the DOR and effective date of promotion to be adjust to 1 May 2017.  A copy of the complete advisory opinion has been provided to the Board for their review and consideration

5.  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.

6.  Title 10 United States Code (USC), section 14308f states 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 Army National Guard (ARNG) under Title 32 USC, section 307 or 310 shall be the date on which such Federal recognition in that grade is so extended.  If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the ARNG to a Reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the record and the advisor opinion. The Board considered the timeline and orders he provided as well as the conclusion of the advising official regarding his date of rank for Captain.  The Board determined that there had been an undue delay in his promotion and extending of Federal Recognition and agreed with the recommended correction stated in the advisory opinion.

2.  After reviewing the application and all supporting documents, the Board found that partial 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:

1.  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 amending Special Orders Number 172, Departments of the Army and Air Force, National Guard Bureau (Extract) dated 23 August 2017 to reflect an Effective Date and Date of Rank as CPT of 1 May 2017.
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 any relief in excess of the above.

 


	 
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



REFERENCE:

Title 10 USC, section 14308f states 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 Title 32 USC, section 307 or 310 shall be the date on which such Federal recognition in that grade is so extended.  If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the ARNG to a Reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned.


ABCMR Record of Proceedings (cont)	 AR20170016440
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