IN THE CASE OF: BOARD DATE: 3 August 2021 DOCKET NUMBER: AR20210008362 APPLICANT REQUESTS: in effect, correction of his record to show his original Date of Rank (DOR) to captain (CPT)/O-3 in the California Army National Guard (CAARNG) as 3 July 2013 instead of 16 July 2015, thus allowing him to apply for a Special Selection Board (SSB) for the rank of major (MAJ), and correct his DOR to MAJ to April 2019. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 184-1086, issued by the Joint Force Headquarters, CAARNG, dated 3 July 2013 * Orders Number 238-023, issued by Joint Forces Headquarters (JFHQ), Utah (UT) National Guard, dated 26 August 2013 * Special Orders Number 234, issued by the National Guard Bureau (NGB), dated 19 September 2013 * Special Orders Number 283, issued by the NGB, dated 1 November 2018 * Orders Number 179-006, issued by the Colorado (CO) Army National Guard (COARNG) Staff Element, JFHQ-CO, dated 28 June 2019 * Special Orders Number 362, issued by the NGB, dated 9 December 2019 * Special Orders Number 149, issued by the NGB, dated 4 June 2020 * Orders Number 0000447744.00, dated 10 June 2020 FACTS: 1. The applicant states: a. He is requesting that his DOR to CPT, assigned to him by the SSB June 2020, be changed to his original DOR as assigned to him by the State of California, under promotion order 3 July 2013, (184-1086). He was originally up for promotion to MAJ, when the promotion board found an error in his Federal Recognition (FedRec) paperwork when he was promoted to CPT in 2013. The NGB required the FedRec be redone, briefly reducing him to a first lieutenant (1LT)/O-2. Once he officially and correctly received his FedRec to CPT via an SSB, it came with a DOR two years after his original DOR. b. He successfully petitioned a SSB, and received a promotion to CPT in June 2020, because of an administrative error in his promotion (FedRec) paperwork to CPT in June 2013. This error was made at the State or NGB level, and was not caught, despite 6 years of records reviews that was supposed to be done by his unit and State G-1. He successfully argued that this was out of his hands, and this was not his fault. He was then granted the SSB promotion to CPT. He is unclear why the board assigned the DOR that they did, but this is the reasoning behind his request. c. He is respectfully requesting that his DOR of 16 July 2015, assigned to him by the SSB in June 2020, be corrected to reflect his original DOR of 21 June 2013, when he was originally promoted, thus allowing him to apply for an SSB consideration to MAJ, and to apply for a DOR to MAJ when he was to be originally considered for promotion in April 2019. d. He is at risk of losing two-years, time-in-grade at the rank of MAJ, as well as risking a late promotion to lieutenant colonel (LTC), which would affect his retirement. He has also had Department of Defense (DOD) funds garnished. 2. A review of the applicant's available service records reflects the following: a. NGB Form 62E (Application for FedRec as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), dated 23 January 2012, shows he requested FedRec as a Reserve Officer of the Army in the ARNG as a 1LT in the Medical Specialist Corps. b. DA Form 71 (Oath of Office), dated 26 April 2012, shows he was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1. c. NGB Form 337 (Oaths of Office), dated 26 April 2012, shows he was appointed as a commissioned officer and was granted temporary FedRec in the rank of 2LT in the CAARNG. d. Orders Number 122-1024, issued by JFHQ, CAARNG, dated 1 May 2012, shows he was appointed in the CAARNG in the rank of 1LT, with an effective date of 26 April 2012. e. Special Orders Number 410, issued by the NGB, dated 30 November 2012, shows he received his FedRec in the ARNG in the rank of 1LT, effective on 26 April 2012, with a DOR of 26 October 2010. f. NGB Form 337, shows he was appointed as a commissioned officer and was granted temporary FedRec in the rank of CPT in the Utah ARNG (UTARNG) on 12 August 2013. g. Orders Number 255-013, issued by the COARNG Staff Element, dated 12 September 2018, shows he received an interstate transfer from the UTARNG to the COARNG, where he was appointed in the COARNG in the rank of CPT, with an effective of 28 August 2018. h. Orders Number 179-006, issued by COARNG Staff Element, dated 28 June 2019, shows he was promoted to the rank of CPT, with an effective date of 28 June 2019, with a DOR of 28 June 2019. i. Orders Number 149-001, issued by COARNG Staff Element, dated 28 May 2020, shows he was promoted to the rank of CPT, with an effective date of 16 July 2015, and a DOR of 16 July 2015. j. Orders Number 0000534311.00, issued by the COARNG, dated 24 July 2020, shows he was promoted in the COARNG to the rank of CPT, with an effective date of 16 July 2015. 3. The applicant provides the following: a. Orders Number 184-1086, issued by the JFHQ, CAARNG, dated 3 July 2013, shows he was promoted to the rank of CPT, with an effective date of 21 June 2013, within the CAARNG. b. Orders Number 238-023, issued by JFHQ, UTARNG, dated 26 August 2013, shows he was assigned to F Company, Support Battalion, 19th Special Forces, Group Support Battalion, in UT and was appointed in the UTARNG in the rank of CPT, with an effective date and DOR of 12 August 2013. c. Special Orders Number 234, issued by the NGB, dated 19 September 2013, shows he transferred from the CAARNG to the UTARNG in the rank/grade of 1LT, with an effective date of 12 August 2013. d. Special Orders Number 283, issued by the NGB, dated 1 November 2018, shows he was transferred from the UTARNG to the COARNG in the rank of CPT, with an effective date of 28 August 2018. e. Orders Number 179-006, issued by the COARNG Staff Element, JFHQ-CO, dated 28 June 2019, shows he was promoted to the rank of CPT, with an effective date of 28 June 2019. f. Special Orders Number 362, issued by the NGB, dated 9 December 2019, amended Special Orders Number 283 to read 1LT vice CPT with the COARNG. g. Special Orders Number 149, issued by the NGB, dated 4 June 2020, shows he was assigned to the Forward Support Company, CO, and was promoted to the rank of CPT in the COARNG, with a DOR of 16 July 2015. h. Orders Number 0000447744.00, dated 10 June 2020, reflects he was promoted to the rank of CPT, in the COARNG, with an effective date of 16 July 2015. i. It is unclear what DOD funds he claims have been garnished, but provides no documentation to support his claim. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board understands the applicant was promoted to the rank of CPT by a state, and was issued orders showing 1LT after being reassigned to another state. No evidence was provided showing why the applicant accepted the reduction in rank and transferred to another state’s ARNG. The applicant provided no evidence showing he requested relief through States’ Adjutant Generals nor the National Guard Bureau. The Board determined there is insufficient evidence to grant relief, and the applicant must provide evidence that shows he was denied relief after exhausting all of his administrative avenues. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION 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. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions): a. Paragraph 2-1 states appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as a Reserve commissioned officers in the Army with assignment to the ARNG of the United States. b. Paragraph 2-3a states temporary Federal Recognition upon initial appointment and permanent Federal Recognition, in the case of promotion, establish the authorized grade to be used by all officers in their federally recognized status meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified. 2. Department of Defense Instruction (DODI) 1310.01 (Rank and Seniority of Commissioned Officers) states the Secretary of the Military Department concerned may adjust the DOR of an officer, except a general or flag officer, appointed to a higher grade under Title 10, United States Code (USC), sections 624(a) or 14308(a) if the appointment of that officer to the higher grade is delayed by unusual circumstances. The Secretary of the Military Department concerned must determine that the unusual circumstance caused an unintended delay in processing or approval of the selection board report or promotion list in order for an officer’s DOR to be adjusted. 3. The Army Board for Correction of Military Records may correct an officer's DOR/effective DOR when a proper appointment has already occurred. a. Title 10 USC 624 and 741 provide for situations in which properly appointed officers are provided "backdated" DOR and effective dates to remedy errors or inequities affecting their promotion. The authority to remedy these errors or inequities is given to the Service Secretaries. b. DODI 1310.01, dated 23 August 2013, provides that a Service Secretary may "adjust the DOR of an officer appointed to a higher grade if the appointment of that officer to the higher grade is delayed by unusual circumstances." c. What constitutes "unusual circumstances" will, generally, be for the Board to determine based on the available evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008362 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1