ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 August 2019 DOCKET NUMBER: AR20180013745 APPLICANT REQUESTS: adjustment of his date of rank to Lieutenant Colonel from 12 April 2018 to 27 July 2017 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (Date of Rank Adjustment Request) * Excerpt of Federal Recognition Board Staffing and Approval Process * Memorandum for Record (Fiscal Year (FY) 2017, Title 10 (T10), Army National Guard (ARNG) Active Guard Reserve (AGR) Lieutenant Colonel (LTC) Promotion Recommendation * Order# 103-017 (Promotion Order) * Excerpt of Timeline for Scroll P10-17 * Order#96 (Federal Recognition of Promotion to LTC) 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 that the delay in obtaining Federal Recognition of promotion to LTC has resulted in him now being behind his peers/year group and therefore negatively affected his career track and promotion timeline for all subsequent promotions. He contests that the average timeline to obtain Federal Recognition for promotion is approximately 120-140 days, however for scroll 10-17, the process took approximately 364 days from the date of his State promotion order to the effective date of his Federal Recognition. 3. The applicant provides a: * Memorandum for Record (Date of Rank Adjustment Request) dated 26 October 2018 – reflective of the applicant’s formal request of a date of rank adjustment from 12 April 2018 to 27 July 2017 due to the delay in Federal Recognition * Excerpt of Federal Recognition Board Staffing and Approval Process – reflective of a forecasted approval process timeline of 140 days * Memorandum for Record FY 2017, T10, ARNG, AGR LTC Promotion Recommendation list dated 1 December 2016 – reflective of the applicant being recommended for promotion to LTC * Order# 103-017 dated 13 April 2017 – reflective of the applicant being promoted to LTC effective 13 April 2017 * Excerpt of Timeline for Scroll P10-17 – reflective of a 381 day timeline initiated on 1 December 2016 and ending on 1 May 2018 * Order#96 dated 1 May 2018 – reflective of the applicant’s Federal Recognition of Promotion to LTC with a 12 April 2018 date of rank 4. A review of the applicant’s available service records indicates the following on: * 7 August 2004 – he was commissioned as a Second Lieutenant * 10 September 2004 – he entered active duty * 10 March 2006 (Order# 047-051) – he was promoted to First Lieutenant * 1 November 2007 (Order# 289-053) – he was promoted to Captain (CPT) * 3 March 2009 – he was released from active duty * 20 March 2009 (Order 079-015) – he was appointed in the Army National Guard at the rank of CPT * 24 January 2012 (Order# 024-006) – he was promoted to Major effective 20 January 2012 * 30 August 2017 (Order# 242-165) – reflective of his promotion to LTC effective 13 April 2017 * 1 May 2018 (Order# 96) - -reflective of Federal Recognition of Promotion to LTC; date of rank 12 April 2018 5. On 25 June 2019, the National Guard Bureau provided an advisory opinion recommending partial approval. The Chief of Special Actions Branch stated in pertinent part that a review of the evidence presented indicates that the applicant was promoted to LTC by the Florida Army National Guard on 13 April 2017. His promotion packet began the process of Federal Recognition and was assigned to Scroll P10-17. His packet was then submitted to the Directorate of Manpower and Personnel Management on 2 June 2017. The Scroll was approved on 12 April 2018. The National Guard Federal Recognition Section identifies the timeframe for assignment of a scroll to be approximately two-three weeks and the general processing time for a scroll to be completed as approximately six to eight months. The applicant scroll was signed 314 days after initiation. Based on the average scroll time and the proceeding scroll approval as a matter of equity, the National Guard Bureau is recommending a date of rank and effective date of promotion be adjusted to 6 November 2017. 6. Title 10, USC section 14308(f) (Effective date of promotion after Federal Recognition) 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 Army National Guard under section 307 or 310 of Title 32 shall be the date on which the Federal Recognition in that grade is so extended. 7. National Guard Regulation (NGR) 600-100 (Commissioned Officer Federal Recognition and Related Personnel Activities) 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 Chief, 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 NGB advisory opinion. The Board considered the applicant’s statement, his record of service, his selection for promotion to LTC and the delay in the action to conclude the scrolling and Federal Recognition process. The Board considered the review, conclusions and recommendations contained in the NGB advisory opinion. Based on a preponderance of evidence, the Board determined that the Date of Rank the applicant received for promotion to LTC was unjust and a correction was required as a matter of equity. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Army records of the individual concerned be corrected by amending NGB Special Orders 96, dated 1 May 2018, to reflect his Date of Rank for promotion to LTC as “6 November 2017” vice “12 April 2018.” 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. Title 10, USC, 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. Title 10, USC section 14308(f) (Effective date of promotion after Federal Recognition) 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 Army National Guard under section 307 or 310 of Title 32 shall be the date on which the Federal Recognition in that grade is so extended. 3. National Guard regulation (NGR) 600-100 (Commissioned Officer Federal Recognition and Related Personnel Activities) 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 Chief, 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) AR20180013745 4 1