ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 November 2019 DOCKET NUMBER: AR20180015566 APPLICANT REQUESTS: Correction of his record to show his promotion Date of Rank (DOR) to the rank/grade of lieutenant colonel (LTC)/O-5 as 30 August 2013 instead of 8 June 2018. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 67-9 (Officer Evaluation Report (OER)), dated 28 June 2012 * Meritorious Medal Certificate, dated 12 October 2014 * DA Form 638 (Recommendation for Award), dated 21 May 2015 * DA Forms 67-10-2 (Field Grade Plate (O4-O5; CW3-CW5) OER), dated 14 October 2014 and 18 June 2016 * Army National Guard (ARNG) current annual statement, dated 1 February 2018 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 June 2018 * Excerpt, Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) FACTS: 1. The applicant states, AR 135-155 paragraph 4-21 states "Active Guard and Reserve (AGR) officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The DOR will be the date the officer attained maximum Time in Grade (TIG) or the date on which assigned/attached to a position in the higher grade, whichever is earlier. As an AGR officer he was Department of the Army (DA) select for promotion to LTC on 1 August 2012 while he was in an O-5 branch chiefs position, again as the Deputy ARNG Affairs Afghanistan, the branch chiefs position for readiness reporting and finally on 8 June 2018 after resigning from the AGR to deploy to Afghanistan as the Deputy Division Chief for Combined Security Transition Command-Afghanistan Engineering also an O-5 position. 2. A review of the applicant’s official records show the following on: * 4 August 1996 – the applicant was appointed as a Reserve commissioned officer in the and executed an oath of office * 24 April 1999 – Orders Number 114-008, issued by the Office of the Adjutant General, promoted the applicant to the rank/grade of first lieutenant (1LT)/O-2 * 21 February 2002 – by National Guard Bureau (NGB) memorandum, the applicant was promoted to the rank/grade of captain (CPT)/O-3, effective 9 November 2001 * 14 February 2006 – Orders Number 045-255, issued by Joint Force Headquarters, promoted the applicant to the rank/grade of major (MAJ)/O-4, effective 14 February 2006 * 14 April 2009 – Orders Number 104-4, issued by the NGB ordered the applicant to AGR status for an indefinite period of time * 13 September 2012 – by memorandum, the applicant was informed he was selected for promotion to LTC and had to meet the promotion criteria in AR 135- 155, and if he was assigned to a LTC or higher position he would be promoted, provided a control grade was available, if not the promotion would be delayed * the applicant’s records contain three DA Forms 67-9, with thru dates of 28 June 2012, 1 May 2013, and 1 November 2013, indicating he served as the European and Africa Command branch chief, readiness analyst, selection as the Northern Command desk officer, and the current operations branch chief * 6 June 2019 – by NGB memorandum, the applicant was promoted to the rank of LTC, effective 10 June 2018 3. The applicant provides: * DA Form 638 showing the applicant was recommended and approved for the Meritorious Service Medal for his accomplishments as the readiness branch chief * DA Forms 67-10-2 showing the applicant was evaluated as an Operations officer and Defense Support of Civil Authorities planner for the National Guard Joint Staff * Meritorious Service Medal Certificate presented to the applicant for meritorious service as the operations officer and deputy chief in support of Operation Enduring Freedom * ARNG current annual statement showing the applicant’s retirement points earned throughout his service in the ARNG * DD Form 214 showing the applicant was released from active duty by reason of completion of required active service * Excerpt, AR 135-155 providing the requirements for promotion of AGR officers 4. On 19 July 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, the NGB Federal Recognition Office believes that the applicant should be considered an M-Day Soldier since he left the AGR program prior to promotion. However, he was selected for promotion in 2012 as an AGR Soldier serving in an O-5/LTC position and was delayed promotion due to a lack of control grade. Per Personnel Policy Operational Memorandum (PPOM) Number 18-003, DA Soldiers who are involuntarily delayed will have the DOR that they are assigned to the position of higher grade or the maximum TIG, whichever is earlier. Since he was serving in that position but not granted the control grade he should be granted his mandatory TIG as his new DOR. It is the recommendation of their office that the Soldier's request for an adjusted DOR be granted. His new DOR is recommended for 1 June 2013 which is the date he reached his maximum TIG. His effective date should remain the same. 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 desire to provide a rebuttal. 6. AR 135-155 states in: a. Paragraph 4-18, only the Secretary of the Army is authorized to determine whether an officer was unqualified for promotion during any part of an involuntary delay of promotion. Only the Secretary of the Army may determine whether an adjustment must be made to an officer’s DOR and effective date of promotion. For commissioned officers (other than commissioned warrant officers), the DOR and effective date of promotion following an involuntary delay may be earlier than the date of the promotion memorandum. However, it cannot be earlier than the approval date of the board that selected the officer. b. Paragraph 4-21(d) promotion of AGR officers. AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The DOR will be the date the officer attained maximum TIG or the date on which assigned/attached to a position in the higher grade, whichever is earlier. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The NGB reviewed the applicant’s records and found that his DOR for LTC should have been 1 June 2013 contrary to the applicant’s contention that is should be 30 August 2013. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XXX 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 showing his date of rank for Lieutenant Colonel as 1 June 2013. 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 showing his date of rank for Lieutenant Colonel as 30 August 2013. 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. ? REFERENCE: AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states in: a. Paragraph 4-18, only the Secretary of the Army is authorized to determine whether an officer was unqualified for promotion during any part of an involuntary delay of promotion. Only the Secretary of the Army may determine whether an adjustment must be made to an officer’s DOR and effective date of promotion. For commissioned officers (other than commissioned warrant officers), the DOR and effective date of promotion following an involuntary delay may be earlier than the date of the promotion memorandum. However, it cannot be earlier than the approval date of the board that selected the officer. b. Paragraph 4-21(d) promotion of AGR officers. AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The DOR will be the date the officer attained maximum TIG or the date on which assigned/attached to a position in the higher grade, whichever is earlier. // NOTHING FOLLOW // ABCMR Record of Proceedings (cont) AR20180015566 4 1