IN THE CASE OF: BOARD DATE: 30 September 2022 DOCKET NUMBER: AR20210016364 APPLICANT REQUESTS: in effect, adjustment of his date of rank (DOR) and effective date of promotion to the rank of major (MAJ) to show these dates as 30 March 2021, instead of 30 September 2021. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 30 October 2021 * Online application and Signature page, 30 October 2021 * Memorandum for Record (MFR), Subject: Report of Level 5, MAJ, Officer Career Management Board (OCMB) held 21 July 2020, 1 August 2020 * Email, Nebraska Army National Guard (NEARNG), Subject: Applicant Promotion Packet, 9 October 2020 * Email, NEARNG, Subject: Applicant, 5 April 2021 * National Guard Bureau (NGB) Form 89 (Processing of A Federal Recognition Examining Board), 22 April 2021 * NGB Form 0122E, Special Orders Number IP-32533, NGB, 5 October 2021 * DA Form 2823 (Sworn Statement), 18 October 2021 * MFR, Applicant, Subject: Army Review Board Application, 16 December 2021 * MFR, Applicant, Subject: Authorization to review information on application, 7 January 2022 FACTS: 1. The applicant states, his DOR should be 6 months prior to his current DOR. His promotion was delayed due to an error at the State G1. His unit submitted the promotion packet on 9 October 2020, but the State failed to add the packet to the Federal Recognition Board, which was held on 22 October 2020. The error was not discovered until 5 April 2021. The packet was boarded on 22 April 2021. As a result, his promotion was delayed 6 months. Additionally, he was mobilized on 5 May 2021 and sustained a financial loss of MAJ/O-4 pay due to this error. 2. The applicant was appointed as a Reserve commissioned officer and of the NEARNG, in the rank/grade of second lieutenant/O-1, on 14 August 2010. 3. He was promoted to the rank/grade of captain/O-3 on 2 June 2016. 4. A MFR, Subject: Report of Level 5, MAJ, OCMB, held 21 July 2020, dated 1 August 2020, shows the applicant was selected for promotion as the Current Operations Team Chief for the 67th Maneuver Enhancement Brigade effective 1 October 2020. 5. An email from Chief Warrant Officer 3 (CW3) NEARNG, to Sergeant First Class (SFC) Subject: Applicant Promotion Packet, dated 9 October 2020 informed SFC the applicant's promotion packet was attached but was still missing a security clearance verification memorandum. 6. An email from MAJ NEARNG, Officer Personnel, Branch Chief, Subject: Applicant, sent to CW3 and SFC on 2 April 2021 asks about the status of the applicant's promotion packet. MAJ states that applicant was selected for promotion by the OCMB with an effective date of 1 October 2020. On 5 April 2021, CW3 responded to MAJ email informing him the applicant's promotion packet had been submitted. 7. The applicant's NGB Form 89, 22 April 2021, shows the Board decided to promote the applicant to the rank/grade of MAJ/O-4 and to extend Federal recognition. 8. Special Orders Number IP-32533, NGB, 5 October 2021 extended the applicant Federal Recognition in the rank/grade of MAJ/O-4 with an effective date and DOR of 30 September 2021 9. SFC made a sworn statement on 18 October 2021, wherein he states, on 5 April 2021 he received an email from CW3 saying that a promotion packet for the applicant had been submitted to SFC office. He quickly did a search of his email to see if he could find the packet that was submitted. He found the email from 9 October 2020 where CW3 had sent him the applicant's promotion packet to MAJ. The applicant's packet should have been boarded on 22 October 2020 by the Federal Recognition Board. SFC failed to add the packet to the board and did not realize HIS mistake until 6 months later. The applicant's packet was boarded on 22 April 2021. His Federal Recognition order promoting him to MAJ published on 5 October 2021, exactly 6 months from the day SFC. realized his failure to board the applicant's packet in October. SFC sent the applicant this Sworn Statement, printed emails, and his Federal Recognition Board results to include in his request to have his promotion backdated to April 2021, when he should have been promoted. 10. The NGB provided an advisory opinion, dated 16 August 2022, which recommends approval of the applicant's request to adjust his DOR and effective date of promotion to the rank of MAJ based on delay in processing his Unit Vacancy Promotion (UVP) packet. The advisory official states: a. The applicant was selected as the Current Operations Team Chief for the 67th Maneuver Enhancement Brigade effective 1 October 2020, by the NEARNG OCMB. The applicant’s UVP packet began the process of Federal Recognition on 9 October 2020 and lay dormant at the NEARNG state level until 22 April 2021. b. In accordance with sworn statement submitted by SFC the applicant’s UVP packet was received for processing on 9 October 2020 but never actioned. SFC acknowledged that on 5 April 2021, he received an email inquiry on the status of the applicant’s promotion packet, which should have been boarded on 22 October 2020 by the NEARNG Federal Recognition Board. SFC further acknowledged the delay in processing was solely his oversight in submitting the packet for the board. Alternatively, the applicant’s UVP packet was boarded on 22 April 2021. The applicant’s Federal Recognition order promoting him to MAJ was published on 5 October 2021, exactly 6 months from the date the error was identified. c. The NGB advisory official recommends approval of the applicant's request for an adjusted DOR and effective date be approved due to no fault of the applicant, with an adjusted DOR and effective date of promotion to the rank of Major of 3 December 2020. d. The ARNG Federal Recognition Branch concurs with this recommendation. Additionally, given the available documentation, further input was not requested from the NEARNG. 11. The applicant was provided with a copy of the advisory opinion; he did not provide a response. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant was assigned to his State ARNG position on 1 October 2020 and his UVP packet began the process of Federal Recognition on 9 October 2020. His promotion packet should have been boarded on 22 October 2020 by the NEARNG Federal Recognition Board. However, due to an administrative oversight, the packet was delayed until it was boarded on 22 April 2021. His Federal Recognition order promoting him to MAJ was published on 5 October 2021, exactly 6 months from the date the error was identified. The applicant should not be penalized for administrative error committed by others. ? 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 and Army National Guard records of the individual concerned be corrected by amending Special Orders Number IP-32533, NGB, 5 October 2021 extending the applicant Federal Recognition in the rank/grade of MAJ/O-4 with an effective date and DOR of 3 December 2020. 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: 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, utilization, branch detail, and attachment of commissioned officers of the ARNG. a. Paragraph 8-1 states promotion in the ARNG is a function of the State. As in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must have satisfied the requirement for promotion. b. Paragraph 8-3 states 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 Reserves of the Army with assignment to the ARNGUS. An officer's effective date and DOR as a Reserve of the Army will be determined by their duty status, type of selection board which selected the officer, and delay status (if applicable), and will be as defined in 8-3a(1),(2) and 8-3b(1)-(9), unless otherwise provided by law. c. Paragraph 8-7 states to be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an officer must be in an active status, be medically fit, meet the height and weight standards, have completed the minimum years of promotion service, have completed the minimum civilian and military education, and have passed the physical fitness test. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016364 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1