IN THE CASE OF: BOARD DATE: 24 August 2023 DOCKET NUMBER: AR20220006298 APPLICANT REQUESTS: correction of his appointment grade in the Ohio Army National Guard from first lieutenant (1LT) to captain (CPT), effective 7 December 2020 with entitlement to back pay and allowances. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Air Force NGB Form 22 (Report of Separation and Record of Service) September 2016 to December 2020 * Leave and Earnings Statements * Application for Federal Recognition, 8 December 2020 * NGB Form 337, Oaths of Office, 8 December 2020 * DA Form 71, Oath of Office, Military Personnel, 8 December 2020 FACTS: 1. The applicant states he transferred from the Puerto Rico Air National Guard to the Ohio Army National Guard on 7 December 2020. The U.S. Air Force issued him orders promoting him to captain (CPT) in the Air National Guard, effective 27 September 2020. The promotion orders had not been published upon his December 2020 transfer to the OHARNG, until 14 July 2021. He was told the main priority was not to lose the aviation seat for flight school. 2. Review of the applicant’s service records shows: a. He served in the Puerto Rico Air National Guard from 27 September 2016 to 7 December 2020. His NGB Form 22 shows his rank as CPT with a date of rank as 27 September 2020. b. On 25 November 2020, an official of the National Guard Bureau (NGB) informed the Joint Force Headquarters, OHARNG of approval of a request to appoint the applicant in the OHARNG (age waiver). c. On 8 December 2020, he applied for Federal Recognition as an ARNG aviation commissioned officer in the grade of CPT. Also on 8 December 2020, the applicant executed an oath of office as a Reserve commissioned officer in the OHARNG, in the grade of CPT. d. On 21 January 2021, the Army Element, Joint Force Headquarters, OHARNG published orders appointing him in the State ARNG in the grade of 1LT by authority of The Adjutant General. e. On 7 March 2022, the NGB published Special Orders Number IP-7962 extending him Federal recognition for initial appointment as a 1LT in the OHARNG effective 7 January 2021 and with a date of rank as 7 January 2021. f. He entered active duty for training (ADT) on 9 June 2021 and he was honorably released from ADT on 9 April 2023. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he did not complete training. 3. On 10 August 2023, the NGB provided an advisory opinion in the processing of this case. An NGB official recommended disapproval of the applicant’s request and stated: a. Applicant was promoted in the Air Force Guard to CPT on 27 September 2020. He then transferred from the Air National Guard of Puerto Rico to the Ohio Army National Guard on 8 December 2020 as an aviation officer. On his appointment order, he is listed as a 1LT. On 7 January 2021, he received a special order for initial appointment where he is also listed as a 1LT with a date of rank of 27 September 2018. The applicant is requesting to be promoted to CPT in the Ohio Army National Guard based on his promotion before his interservice transfer and correction to all his records. b. The applicant was promoted to 1LT on 27 September 2018 in the Puerto Rico Air National Guard and was promoted to CPT two years later, 27 September 2020. The applicant officially transferred and was appointed as a 1LT in the Ohio Army National Guard on 8 December 2020. His CPT rank from the Puerto Rico Air National Guard did not transfer over despite him being listed as an O-3 CPT on his application for federal recognition as an Army National Guard officer (NGB 62E), his Oath of Office (NGB Form 337), and his DA Form 71. c. According to NGR 600-100, paragraph 4-5, “For assignment to aviation position vacancies, to remain so assigned, or to be promoted in aviation positions, the officer must be qualified as an Army aviator or, if not currently qualified, meet the following requirements: LTs must have completed the OBC, and CPTs must have completed a Captain’s Career Course (CCC) prior to entry into flight training.” Based on the applicant’s records and the ARNG Aviation Training Officer, he was removed from flight school due to academic and flight-related deficiencies on 9 April 2023. The applicant has not yet completed the second part of his BOLC or CCC and is not a rated aviator. Therefore, he is not eligible for promotion per NGR 600-100. d. For these reasons, it is the recommendation of this office that the applicant’s request be disapproved. Based on the applicant’s records, he is not eligible for promotion to CPT because he is not aviation branch qualified and lacks the qualifications for promotion to the next rank. His CPT rank from the Puerto Rico Air Guard did not carry over to the Ohio Army National Guard because the aviation branch requires specific training requirements for promotion to the next rank. He must meet all requirements outlined in NGR 600-100 for promotion to CPT in the ARNG. The Army National Guard Officer Policy Branch concurs with this recommendation. The Ohio Army National Guard concurs with this recommendation. 4. The applicant was provided with a copy of this advisory opinion to give him an opportunity to provide additional documents and/or a rebuttal. The applicant responded via email on 19 August 2023 and stated he is happy to receive a just petition of a back pay and a correction to rank. He stands before God and man in standard with AR regulations, and believes he has substantial evidence that supports request of change of rank from O-2 to O-3 grade, with pay & allowance. Including back pay from date of oath 7 December 2020. He transferred from the Air Force National Guard of PR to Army National Guard of OH on 7 December 2020. At present time federal recognition, Special Orders Number AP-149, by order of the Secretary of the Air Force and Direction of the President, Federal recognition and promoted Reserve Air Force to the rank indicated, per 10 U.S.C. 14303, 14308, 14311, and 14316 and 32 U.S.C 307(e) as an O3 grade effective date 27 September 2020, Authority AFI 36-2504 and ANGI 36-2504, where not yet published or available from AFR Command on record until after 14 July 2021. Additional documents like NGB Form 62E, DFAS Form 702, DA Form 71, NGB Form 337, sates O3/Captain rank, and NGB Form 22 at time of honorable separation. He was told that it was not an issue. He has attached documents with Federal Recognition of captain rank. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the evidence confirms the applicant received Federal recognition as a CPT in the Puerto Rico Air National Guard prior to transferring to the OHARNG. The Board noted the applicant took the oath of office in the OHARNG on 8 December 2020, and his application for Federal recognition in the OHARNG shows the initial request was for the rank of CPT. More than a month later, on 27 January 2021, the OHARNG published orders appointing him as a 1LT effective 8 December 2020, and he was eventually granted Federal recognition as a 1LT. Notwithstanding the advisory opinion’s recommendation to deny the requested relief, the Board determined an injustice occurred in the delay in establishing his authorized grade after he had taken the oath in the OHARNG as a CPT. Based on a preponderance of the evidence, the Board determined the applicant’s record should be corrected to show he was appointed as a CPT in the OHARNG and he should receive any additional pay and allowances he is due as a result of this correction. 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 showing he was appointed as a CPT in the OHARNG effective 8 December 2020. The applicant should receive any additional pay and allowance he is due as a result of this correction. 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) provides procedures for processing all applications for Federal recognition. Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, section 8, of the U.S. Constitution. These 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 Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. Paragraph 4-5, Assignment of commissioned officers to Army Aviation positions states for assignment to aviation position vacancies, to remain so assigned, or to be promoted in aviation positions, the officer must be qualified as an Army aviator or, if not currently qualified, meet the following requirements:\ a. Agree in writing to attend flight training within 18 months, provided training slots are available. Commissioned officers appointed under the ECP will be granted an additional 36 months to complete degree requirements prior to attending flight training. b. Pass a class 1A flight medical examination annually until accepted for training. c. Lieutenants must have completed the Officer Basic Course (OBC), and CPTs must have completed a Captain’s Career Course (CCC) prior to entry into flight training. Aviation OBC and CCC are preferred. d. Obtain a score of 40 or higher on the Selection Information for Flight Training, also called the SIFT, to qualify for further processing of aviation training applications. Soldiers who fail to make a minimum qualifying score of 40 may be retested one time only, but not sooner than six months after initial testing. The Commander may authorize the retest. e. Commissioned officers who are not flight qualified must continue to meet all requirements for entry into the flight training program. f. Except for applicants who will be assigned to positions coded with AOC 67J, commissioned officers selected for aviation training will be initially appointed or transferred to the aviation BR. g. Commissioned officers awaiting training will be assigned to authorized position vacancies or in an authorized over-strength status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006298 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1