ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 August 2019 DOCKET NUMBER: AR20180012683 APPLICANT REQUESTS: • correction of his Date of Rank (DOR) for First Lieutenant (1LT) • consideration by a Special Selection Board (SSB) for promotion to Captain (CPT) based on the adjusted date of rank to 1LT • CPT DOR adjusted based on the new DOR to 1LT • consideration by a Special Selection Board (SSB) for promotion to Major (MAJ) based on the adjusted date of rank to CPT • adjusted DOR to MAJ based on selection • all back pay and allowances associated with the adjusted DOR APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Order# 278-676 • Special Order# 127 AR • DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110015866 on 2 August 2012. 2. The applicant states that he received a commission in the Regular Army on 15 March 1997 with a 17 September 1998 DOR to 1LT. He was later discharged from active duty on 14 April 2000 after completion of his initial active service obligation. He then received appointment and Federal Recognition as a 1LT within the Georgia Army National Guard on 19 November 2003. The applicant contests that this action resulted in a DOR error because his DOR should have been adjusted to reflect the time that he had already served as a 1LT. He had a break in service from 15 April 2000 through 19 November 2003 equating to approximately 1,314 days. By his account, this time should be subtracted from the 1,889 days between his initial effective date of promotion to 1LT (17 September 1998) and Federal Recognition to 1LT for the GARNG (19 November 2003) leaving a difference of approximately 575 days or 1.6 years as a 1LT that is not currently being accounted for as time in grade. This error has impacted pay and entitlements as well as promotion consideration timelines. 3. The applicant provides: • Order# 278 – 676 dated 5 October 1998 – reflecting his promotion from 2LT to 1LT with an effective date and date of rank of 17 September 1998 • Special Order# 127 dated 21 May 2004 – reflective of the applicant’s initial appointment and Federal Recognition in the Army National Guard as a 1LT; effective date of 19 November 2003 initial appointment • DD Form 214 dated 16 March 2000 – reflecting honorable separation, as a 1LT, from the active component after serving 2 years 11 months and 17 days • DD Form 214 dated 31 May 2006 – reflecting honorable separation, as a 1LT, from active duty while in the ARNG after serving 1 year 5 months and 25 days 4. A review of the applicant’s service records indicates the following on: • 19 November 2003 (Order# 127 AR) – he was Federally Recognized as a 1LT in the Georgia Army National Guard • 24 May 2004 – he received a commission from the State of Georgia as a 1LT with an effective date of 19 November 2003 • 5 August 2007 (Order#217-004) – he was selected for promotion to CPT with a proposed effective date of rank of 19 July 2007 • 28 February 2008 – he requested a delay of promotion to CPT • 22 April 2008 (Order# 103 AR) – Federal Recognition of promotion to CPT • 26 June 2012 (Order# 185-807)– he was separated from the Georgia National Guard as a CPT with a DOR of 22 April 2008 • 27 June 2012 (Order# PA 01119) – he was appointed as a CPT in the Air Force Reserve with a DOR of 22 April 2008) • 20 October 2013 (Order# A-224) – he was released from the Air Force Reserve • 30 April 2014 (Order#C-05-406281) – he was transferred from the Army Reserve Control Group (Reinforcement) into a unit within the Army Reserve • 19 October 2015 (Order# B-10-504620) – selected for promotion to MAJ with a DOR of 25 September 2015 5. On 2 August 2012 Docket number AR20110015866 the ABCMR conducted a board to address the applicant’s initial request for correction of his date of rank to CPT wherein his request was denied. Effective 1 July 2005, the authority to delegate appointments below the level of the Secretary of Defense was rescinded. Accordingly, ABCMR does not have the jurisdiction to amend any military Reserve Officer appointments under Section 12203 of title 10, U.S. Code. The applicant requested a delay of promotion to CPT on 28 February 2008. He was then subsequently promoted to CPT with an effective date of rank of 22 April 2008. 6. On 24 July 2019 an Advisory Opinion was provided by the Chief, Special Actions Branch of the National Guard Bureau wherein he recommended a partial approval of the applicant’s request. He recommends denial of the change of the effective date of the applicant’s promotion to 1LT or subsequent requested actions, back pay or differentials based on that change, however he does recommend approval of the applicant’s request for a change of his DOR to 1LT to reflect 17 September 1998 with an effective date of 19 November 2003. He further recommends that the applicant be considered by a SSB regarding his DOR to CPT based on the previously recommended change to his 1LT DOR adjustment. 7. National Guard Regulation (NGR) 600-100 (Commissioned Officers – Federal Recognition and Related and Personnel Action) Chapter 2 states that the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office in State. It further states that a commissioned officer who has been promoted by the State and extended Federal Recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army with assignment to the Army National Guard. Federal recognition will be extended by the NGB to those officers found qualified by the board and approved by the Secretary of the Army after Senate confirmation of appointment. The effective date of Federal recognition will be the date of Senate confirmation if vacancies exist within the statutory limitation prescribed by Title 10, USC, section 3218, or, if no vacancies exist at that time, on the date such vacancies occur. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and an advisory opinion. The Board considered the applicant’s statement, his active duty service and transfer to the ARNG, his record of promotions and Federal Recognition actions and the previous consideration by the ABCMR. The Board considered the review and conclusions of the National Guard Bureau advising official. The Board reviewed the applicable policy and statute and concurred with the advising official and determined that a portion of the applicant’s requested relief should granted to correct an injustice and as a matter of equity. The Board found it premature to grant the applicant’s request for relief regarding his CPT DOR adjusted based on the new DOR to 1LT, consideration by a Special Selection Board (SSB) for promotion to Major (MAJ) based on the adjusted date of rank to CPT, adjusted DOR to MAJ based on selection, and all back pay and allowances associated with the adjusted DOR. 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 amendment of the ABCMR's decision in Docket Number AR20110015866, dated 2 August 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: - change of his DOR to 1LT to reflect 17 September 1998 with an effective date of 19 November 2003, and; - consideration of the applicant’s records by a Special Selection Board, for promotion to Captain, based on the recommended change to his 1LT DOR. 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 anything in excess of the relief provided above. X 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: 1. National Guard Regulation (NGR) 600-100 (Commissioned Officers – Federal Recognition and Related and Personnel Action) Chapter 2 states that the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office in State. It further states that a commissioned officer who has been promoted by the State and extended Federal Recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army with assignment to the Army National Guard. Federal recognition will be extended by the NGB to those officers found qualified by the board and approved by the Secretary of the Army after Senate confirmation of appointment. The effective date of Federal recognition will be the date of Senate confirmation if vacancies exist within the statutory limitation prescribed by Title 10, USC, section 3218, or, if no vacancies exist at that time, on the date such vacancies occur. ABCMR Record of Proceedings (cont) AR20180012683 ABCMR Record of Proceedings (cont) AR20180012683 1 2 1