IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210010327 APPLICANT REQUESTS: * adjustment of his Date of Rank (DOR) to captain (CPT)/O-3 to reflect 28 February 2017 * adjustment of his DOR to major (MAJ)/O-4 to reflect 1 October 2021 or in alignment with promotion scroll "P30-21" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) promotion to CPT * DD Form 149 (Application for Correction of Military Record) promotion to MAJ * Screen shot * Integrated Personnel and Pay System-Army (IPPS-A) Help Center Case information * Memorandum – Subject: Officer State Selection Board (OSSB) Fiscal Year (FY) 21 Results, dated 7 April 2021 * Enclosure 1 (OSSB) Non-Selection Results * Memorandum – Subject: Promotion as a Reserve Commissioned Officer of the Army, dated 19 May 2017 * Orders Number 181-520, dated 29 June 2016 * Orders Number 238-503, dated 26 August 2021 * Federal Recognition Board Improved Staffing and Approval Process * Email communication FACTS: 1. As it applies to the applicant's request for an adjusted DOR for promotion to CPT. The applicant states in pertinent part that he was selected for a Unit Vacancy Promotion (UVP) to the rank of CPT with a DOR of 29 June 2016 in accordance with National Guard Regulation (NGR) 600-100 (Commissioned Officers Federal Recognition and Related Personnel Activities). He contests that he was placed on scroll P02-17 which endured some administrative issues resulting in processing delays at the National level. In result, the scroll was not approved until 2 May 2017. He argues that in accordance with Personnel Policy Operational Memorandum 18-003, the average processing time for a Federal recognition promotion order is 6-8 months. In his case, the process took approximately 10 months (29 June 2016 – 2 May 2017). 2. With regard to the applicant's request for an adjustment in his DOR to MAJ, he states that he was selected for a UVP to MAJ on 7 April 2021 with a DOR of 26 August 2021. However, he was not assigned to a scroll until January 2022 (PL09- 22). He argues that this would constitute an undue delay in extending Federal recognition. The implementation of IPPS-A resulted in confusion at the National and State level. Additionally, there were transitions that occurred in the Human Resources Officer (HRO) Active Guard/Reserve (AGR) position at the State level resulting in further delays, roughly 5 months (7 April 2021 – 1 September 2021) to submit the packet to the National Guard Bureau (NGB). Once received by the NGB, it took an additional 3 months to create the scroll and submit it to Headquarters Department of the Army (HQDA). The total process took over 8 months before the scroll was initiated. Since April 2021, he has made numerous attempts to determine the cause for the delays with no result. The Federal recognition process map provided indicates that promotion packets should be accepted within 10 days and assigned to a scroll within 25 days. 3. The applicant requests and adjustment to his DOR for the rank/grade of MAJ. However, the applicant provides a promotion order but his official record does not contain a Federal recognition order showing the NGB extended Federal recognition and promoted him to the rank of MAJ as required in NGR 600-100. Until this order is published the Board cannot determine if an adjustment in rank is required. This request will not be addressed further in the record of proceedings. The Board will address the applicant’s request to adjust his DOR for CPT. 4. A review of the applicant's available service records reflects the following: a. On 29 April 2011, the applicant was appointed a Reserve commission in the rank/grade of second lieutenant (2LT)/O-1. b. On 26 October 2011, the NGB issued Special Orders Number 268 AR announcing Federal recognition of the applicant's initial appointment within the Georgia Army National Guard (ARNG), effective 29 April 2011. c. On 3 April 2013, the NGB issued Special Orders Number 93 AR announcing Federal recognition of the applicant's promotion to the rank/grade of first lieutenant (1LT)/O-2, effective 29 October 2012. d. On 15 July 2015, the NGB issued Special Orders Number 152 announcing Federal recognition of the applicant's transfer from the GAARNG to the WAARNG, effective 1 July 2015 e. On 29 June 2016, the State of Washington issued Orders Number 181-520 promoting the applicant to the rank of CPT with a DOR of 29 June 2016 under the authority of NGR 600-100. These orders state "Individual will not be paid as nor authorized wear of that promotion insignia until Federal recognition is confirmed." f. On 19 May 2017, the NGB issued Special Orders Number 100 announcing Federal recognition of the applicant's promotion to the rank of CPT, effective on with a DOR of 2 May 2017. 5. The applicant provides the following a: a. Screen shot, reflective of evidence related to the submission of the applicant's UVP packet, at the rank of CPT, on 27 July 2021; last updated/closed on 8 September 2021. b. IPPS-A Help Center Case information, reflective of information related to the processing of the applicant's UVP to MAJ. The applicant inquired about the referenced scroll (scroll PL09-22) and the ability to track the Federal recognition process. c. Memorandum – Subject: OSSB Fiscal Year (FY)21 Results, dated 7 April 2021, reflective of information pertaining to the eligibility requirements, zones of consideration and the individuals selected for promotion. Based upon current and projected MAJ AGR controlled grades in FY21, the board selected the applicant for promotion. d. Enclosure 1 (OSSB) Non-Selection Results, reflective of a list of officers not selected for promotion to the next rank. e. Memorandum – Subject: Promotion as a Reserve Commissioned Officer of the Army, dated 19 May 2017, reflective of the applicant being selected for promotion to the rank of CPT with a DOR of 2 May 2017. f. Orders Number 238-503, dated 26 August 2021, reflective of the applicant being promoted by the State of Washington to the rank of MAJ with an effective DOR of 26 August 2021. g. Federal Recognition Board Improved Staffing and Approval Process, reflective of the timeline associated with the processing of UVP. Upon release of the State UVP results, within approximately 155 days the scroll is submitted to the Senate for confirmation. h. Email communication occurring between April – November 2021, reflective of inquiries concerning the processing of the applicant's promotion packet to the rank of MAJ. 6. On 14 March 2022, the NGB, Chief, Special Actions Branch, provided an advisory opinion recommending partial approval of the applicants request for adjustment of his DOR to CPT from 2 May 2017 to 28 February 2017 citing that after further investigation, it appears several delays occurred during the scrolling process at no fault of the applicant. The Army National Guard Federal Recognition Section identifies the time frame for assignment of a scroll to be approximately two to three weeks and the general processing time for a scroll to be completed in approximately six to eight months. Scrolls P02-17 and P10-17 experienced administrative delays. Based on the average processing times and the proceeding scroll approval and as a matter of equity, they recommended that the applicant's DOR be adjusted to 17 March 2017. 7. On 15 March 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. 8. On 5 April 2022, the applicant responded to the advisory concurring with the recommendation. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and the NGB, Chief, Special Actions Branch advisory opinion, the Board concurred with the advising official finding after several delays occurred during the scrolling process at no fault of the applicant. The Army National Guard Federal Recognition Section identifies the time frame for assignment of a scroll to be approximately two to three weeks and the general processing time for a scroll to be completed in approximately six to eight months. Scrolls P02-17 and P10-17 experienced administrative delays. The Board found based on the average processing times and the proceeding scroll approval and as a matter of equity, the applicant's DOR should be adjusted to 17 March 2017. Based on this, the Board granted partial relief. 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: The Board determined that the evidence presented was 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 to show adjustment of his Date of Rank (DOR) to captain (CPT)/O-3 to reflect 17 March 2017. 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. NGR 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides that CPTs will be considered for promotion at 2 years TIG; MAJs at 4 years. To be eligible for promotion to CPT, 1LTs must have completed the Basic Officer Leaders Course (BOLC) and have a baccalaureate degree from a qualifying educational institution; MAJs the Captains Career Course or any Officer Advanced Course. Chapter 10 (Federal Recognition Boards for Other Than General Officers) provides that commissioned officers of the ARNG are appointed and promoted by the State. In order for an officer to be concurrently promoted as a Reserve commission officer, the State action must be Federal recognized. 2. Title 10, United States Code (USC), Section 14308(f) (Effective Date of Promotion after Federal Recognition) provides 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 or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended. If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a Reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion. 3. Department of Defense Instructions 1310.01 (Rank and Seniority of Commissioned Officers) states the Secretary of the Military Department concerned may adjust the date of rank of an officer, except a general or flag officer, appointed to a higher grade under Title 10, 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 date of rank to be adjusted. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010327 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1