IN THE CASE OF:  

		BOARD DATE:  6 October 2021

		DOCKET NUMBER:  AR20200009722


APPLICANT REQUESTS:

*	promotion from colonel (COL)/O-6 to brigadier general (BG)/O-7
*	a personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 prior to his retirement (from the Army National Guard), he was 
promoted to the rank of BG. However, while he was exceedingly honored to have 
received the promotion, he has never received any of the pay grade benefits. He 
requests that an administrative correction be made to his records to reflect his 
promotion to the rank of BG. He is also requesting that his pay grade be properly 
adjusted to reflect the change.

3.  A review of the applicant’s service records show:

	a.  He was appointed as a commissioned officer in the Army National Guard (ARNG) 
and executed his oath of office on 6 December 1962.

	b.  On 20 June 1963, he was appointed as a Reserve commissioned officer.

	c.  Special Orders Number 81AR, dated 24 April 1980 show the applicant was 
federally recognized and promoted to the rank/grade of lieutenant colonel (LTC)/O-5 
with an effective date of 22 October 1979.
	d.  Special Orders Number 40AR, dated 28 February 1983, show the applicant was 
federally recognized and promoted to the rank/grade of COL/O-6 with an effective date 
of 31 January 1984.

	e.  Special Orders Number 232AR, dated 3 December 1990, show the applicant was 
retained in an active status until 31 October 1994.

	f.  His Officer Evaluation Reports for the rating periods 1 February 1992 through 31 
January 1993 and 1 February 1993 through 31 January 1994, show he served as 
Preventive Medicine Officer, assigned to 369th Transportation Battalion, in the grade of 
COL/O-6

	g.  On 24 January 1995, the Office of the Adjutant General, State of New York, 
published Orders 015-006, which show the applicant was separated from the ARNG 
and transfer to the Retired Reserve on 31 October 1994.

	g.  His record is void of documentation recommending or nominating him for the 
promotion from a General Officer Federal Recognition Board, or actual promotion to 
BG.

4.  By regulation, a General Officer Federal Recognition Board will be convened by the 
Secretary of the Army for federal recognition in the general officer grade. The boards 
will ordinarily be convened semiannually with supplemental boards convened as 
needed. To be considered by a board for Federal recognition to a general officer grade:

*	hold an appointment in the ARNG
*	be assigned to a general officer position in a federally recognized ARNG unit
*	have satisfied the time in grade requirement for consideration to the next higher 
grade (COL to BG is 1 year)
*	be in an active status at the time the board is convened
*	have served continuously for 5 years in an active status immediately preceding 
consideration by the board
*	have successfully completed the Army War College, another resident Senior 
Service College, or a Military Education Level – 1 
*	be medically qualified
*	meet height/weight standards


BOARD DISCUSSION:

1. The applicant's request for a personal appearance was carefully considered. In this 
case, the evidence of record was sufficient to render a fair and equitable decision. As a 
result, a personal appearance before the Board is not necessary to serve the interest of 
equity and justice in this case.

2.  After reviewing the application and all supporting documents, the Board determined 
that relief was not warranted. The Board carefully considered applicant’s contentions, 
military record, and regulatory guidance.  Documentation available for review shows 
that the applicant was federally recognized and promoted to the rank/grade of COL/O-6 
with an effective date of 31 January 1984 and void further documentation reflecting a 
recommendation for promotion or that he was promoted to the rank rank/grade of 
COL/O-6 prior his retirement.  Based on the preponderance of the evidence available 
for review, the Board determined the evidence presented insufficient to warrant a 
recommendation for relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or 
injustice. Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.





REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  National Guard Regulation 600-100 (Commissioned Officers Federal Recognition 
and Related Personnel Actions), prescribes policies and procedures governing the 
appointment, assignment, temporary Federal Recognition, Federal Recognition, 
reassignment, transfers between States, branch transfers, area of concentration 
designation of the Army National Guard (ARNG).

	a.  Paragraph 11-4 (General Officer Federal Recognition Boards (GOFRB)) states a 
GOFRB will be convened by the Secretary of the Army for federal recognition in the 
general officer grade. The boards will ordinarily be convened semiannually with 
supplemental boards convened as needed.

	b.  Paragraph 11-5 (Prerequisites for GOFRB Consideration for Federal Recognition 
in General Officer Grades) states to be considered by a board for Federal recognition to 
a general officer grade:

*	hold an appointment in the ARNG
*	be assigned to a general officer position in a federally recognized ARNG unit
*	have satisfied the time in grade requirement for consideration to the next higher 
grade (COL to BG is 1 year)
*	be in an active status at the time the board is convened
*	have served continuously for 5 years in an active status immediately preceding 
consideration by the board
*	have successfully completed the Army War College, another resident Senior 
Service College, or a Military Education Level – 1 
*	be medically qualified
*	meet height/weight standards

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200009722


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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