IN THE CASE OF: BOARD DATE: 15 June 2022 DOCKET NUMBER: AR20210017401 APPLICANT REQUESTS: in effect, promotion to captain (CPT) in the Georgia Army National Guard (GAARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), online application * Orders assigning him to Operations Officer position * 3 x Emails regarding CPT Promotion Packet * Orders assigning him to the Executive Officer position FACTS: 1. The applicant states, in effect: a. He submitted the documentation for his CPT vacancy promotion packet to his brigade S1 on 22 October 2020. The position on the Unit Manning Roster (UMR) was #2 Operations Office, which was a CPT promotable slot. b. He was placed in the position on 2 September 2020. At monthly drills, the brigade S1 told him his documentation was awaiting the Brigade Commander's approval before he submitted it to the state level. c. In May 2021, the Brigade Deputy Commander told the applicant he wanted him to act as the Company Executive Officer (XO) since the Brigade Headquarters Company was switching from a Headquarters and Headquarter Company to a Headquarters Support Company and the Company XO slot was allocated on the UMR. d. The applicant informed the commander that this would mess up his promotion packet, which he had submitted to the unit since he was being removed from a CPT UMR slot to a Second Lieutenant (2LT) UMR slot. e. As of 10 June 2021, he has been placed in a 2LT position to act as the Headquarters Support Company XO, which made his promotion packet go dead in the water. f. He was initially placed in a CPT UMR slot. The situation is unjust because the Brigade S1 did not submit his paperwork to the State of G1 in a timely manner, which is a prerequisite for a Federal Recognition Order. This made it so he did not get promoted, which has affected his pay to date as well at time in grade as CPT for future assignments. 2. The applicant provides emails to his S1 for the Boards, consideration, which state on: * 22 October 2020, the applicant attached the documents necessary to the email for his promotion packet to CPT * 4 November 2020, the applicant requested an update on the status of his promotion packet * 12 November 2020, the applicant requested an update on his promotion packet 3. On 7 April 2014, the applicant received a Reserve Officer Training Corps scholarship. On the same day, he enlisted in the US Army Reserve (USAR) as a Cadet for a period of 4 years. 8. On 12 May 2016, the applicant executed an oath of office as a GAARNG commissioned officer in the rank of 2LT. 9. On 7 July 2016, orders were published appointing the applicant as a Platoon Leader in the rank of 2LT in the, ARNG effective 1 May 2016. 10. On 19 August 2016, the applicant was appointed as a Reserve Commissioned Officer in the rank of 2LT. On the same day, the applicant received Federal Recognition in the rank of 2LT, effective 12 May 2016. 11. On 11 July 2018, orders were published promoting the applicant to first lieutenant (1LT) effective 12 November 2017 in the position of platoon leader. On 3 January 2019, the applicant received federal recognition of his promotion to 1LT. 12. On 3 September 2019, orders were published transferring the applicant into the Operations Officer slot effective 23 September 2019. The orders do not indicate if the Operations Officer slot was for the rank of CPT. 13. On 20 November 2019, the applicant was placed in excess slot, effective 18 November 2019, due to a change in the manning roster. 14. On 20 November 2019, orders were published and show: * action type: permanent assignment modification * purpose/reason: curtailment * effective date: 12 May 2016 * duty position title: excess due to manning roster change * assignment loss reason: APPT AS CO * assignment loss reason date: 12 May 2016 * command status: NEVER ASG/CDR OF UN 15. On 16 July 2020, orders were published and show: * assignment type: permanent assignment modification * purpose/reason: curtailment * effective date: 18 November 2019 * end date: 14 July 2020 * duty position title: excess due to manning roster change 16. On 3 August 2020, orders were published and show: * action type: permanent change of assignment * purpose/reason: ARNG - INTRA COMMAND MOVE * effective date: 15 July 2020 * end date: 31 May 2044 * duty position title: Assistant S3 * command status: NEVER ASG/CDR OF UN 17. On 30 August 2020, orders were published and show: * action type: permanent assignment modification * purpose reason: curtailment * effective date: 15 July 2020 * end date: 1 September 2020 * duty position Assistant S3 * previous end date: 31 May 2044 18. On 2 October 2020, orders were published and show: * action type: position change * purpose and reason: duty position change * effective date: 2 September 2020 * end date: 31 May 2044 * duty position: #2 Operations Officer 19. On 10 June 2021, orders were published and show: * action type: position change * purpose and reason: duty position change * effective date: 10 June 2021 * end date: 31 May 2044 * duty position title: Executive Officer (XO) * command status: NEVER ASG/CDR OF UN 20. On 10 June 2021, orders were published and show: * action type: permanent assignment modification * purpose and reason: curtailment * effective date: 2 September 2020 * end date: 9 June 2021 * duty position title: #2 Operations Officer * previous end date: 31 May 2044 * command status: NEVER ASG/CDR OF UN 21. On 19 May 2022, orders were published and show: * action type: permanent assignment modification * purpose: curtailment * effect date: 10 June 2021 * end date: 18 May 2022 * duty position title: Executive officer * previous assignment end date: 31 May 2044 * command status: NEVER AS/CDR OF UN 22. There is no indication in the applicant's records and he provides none to show the applicant was considered and was found qualified for Federal Recognition of their State promotion via a State Federal Recognition Board. 23. By regulation (NGR 600-100), Commissioned officers of the ARNG are appointed and promoted by the States under Article 1, Section 8 of the U.S. Constitution. In order for an officer to be concurrently appointed, promoted, or receive a branch transfer as a Reserve commissioned officer of the Army, the State action must be Federally recognized. Federal Recognition action is the acknowledgment by the Federal government that an officer appointed, promoted, or transferred to an authorized grade and position vacancy in the ARNG meets the prescribed laws and regulations. Under 32 USC 307, a board of officers will be convened to determine whether applicants for Federal Recognition meet the medical, moral, and professional qualifications to perform the duties of the grade and position for which examined. A commissioned officer who is Federally recognized is tendered an appointment as a Reserve commissioned officer of the Army with assignment to the ARNGUS (10 USC 3351). 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 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 and available military records, the Board determined his record is absent evidence that shows he was considered and was found qualified for Federal Recognition of their State promotion via a State Federal Recognition Board to the grade of CPT/O-3. The Board agreed the request for relief has no merit as the available evidence does not support the applicant was ever considered for Federal Recognition of their State promotion via a State Federal Recognition Board. Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X 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: National Guard Regulation 600-100, Personnel - General, 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 Army National Guard (ARNG). a. Chapter 2, the appointment of officers in the ARNG is a function of the State concerned, as distinguished from the Federal Recognition (FEDREC) of such appointment. Upon appointment in the ARNG of a State, and subscribing to an oath of office, an individual has a State status under which to function. Such individuals acquire a Federal status when they are Federally recognized and appointed as a Reserve of the Army. The effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State and is federally recognized (10 USC 12211(b) and 32 USC 308). Federal Recognition will continue in effect as long as the commissioned officer continues to meet requirements of the grade and position or until recognition is withdrawn in accordance with regulations, or as otherwise provided by law. b. Chapter 8, the promotion of officers 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 requirements prescribed herein. National Guard officers may be considered and found qualified for Federal Recognition of their State promotion using two distinct processes: State Federal Recognition Boards and DA Mandatory Boards. Under either process, the precedent for an actual promotion in the Army National Guard is State assignment and appointment to the next higher grade. (1) State Federal Recognition Boards (FRB). Officers may be federally recognized through State FRB which are often referred to as "State vacancy promotion boards" or "unit vacancy boards" as part the Unit Vacancy Promotion (UVP) process under 32 USC 307. (2) DA Mandatory Boards. The second way to federally recognize the State promotion is through the DA Mandatory Promotion Selection Boards process. Mandatory promotion selection boards are convened by the Secretary of the Army pursuant to 10 USC 14101(a). Those National Guard officers selected (“DA Select”) by a DA mandatory board who are then appointed by the State in that higher grade to fill a vacancy in the Army National. c. Chapter 10, commissioned officers of the ARNG are appointed and promoted by the States under Article 1, Section 8 of the U.S. Constitution. In order for an officer to be concurrently appointed, promoted, or receive a branch transfer as a Reserve commissioned officer of the Army, the State action must be Federally recognized. Federal Recognition action is the acknowledgment by the Federal government that an officer appointed, promoted, or transferred to an authorized grade and position vacancy in the ARNG meets the prescribed laws and regulations. Under 32 USC 307, a board of officers will be convened to determine whether applicants for Federal Recognition meet the medical, moral, and professional qualifications to perform the duties of the grade and position for which examined. A commissioned officer who is Federally recognized is tendered an appointment as a Reserve commissioned officer of the Army with assignment to the ARNGUS (10 USC 3351). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017401 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1