IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20220011851 APPLICANT REQUESTS: adjustment of his date of rank and effective date of promotion to colonel (COL) in the Army National Guard from 30 March 2022 to 31 August 2021 with backpay and allowances. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * The Adjutant General Promotion Recommendation Memorandum, 28 April 2021 * Secretary of the Army Guidance * Officer Evaluation Reports (2019 through 2020) * Federal Recognition Status Printout * Federal Recognition Special Order Number IP-10153, 31 March 2022 FACTS: 1. The applicant states due to no fault of his own, he was not promoted to the rank of colonel (COL) for over 9 months after Federal Recognition submittal. a. His unit vacancy promotion packet was submitted for Federal Recognition on approximately 13 May 2021. He was not permanently placed on a Federal Recognition promotion list until 30 March 2022 at which time he was promoted to COL. In 2019, a Memo from Army Secretary [Name] was published stating a Federal Recognition of Guard Officers would be considered delayed if processing exceeded 100 days. His packet took over 280 days to action. Therefore, he is requesting my Date of Rank be updated to 31 August 2021 with full back pay and allowances. b. Secretary of the Army in 2019 published a memo stating that a Federal recognition packet will be considered delayed if the processing time exceeded 100 days. The delay cannot be based on adverse information pertaining to said Officer. The delay cannot be attributable in any other manner to the action or inaction of said Officer. Since these conditions were met, he is eligible for an earlier effective date of promotion. The delay of his promotion was due to no fault of his own. He has served in exemplary fashion for over 30 years across 5 decades. His officer evaluation reports (OERs) clearly show that he is a top performer. His decorations include a Purple Heart, Bronze Star Medal, Meritorious Service Medal, Combat Infantry Badge, and Combat Action Badge. He is branch qualified in Cyber (17-A), Signal (25-A) and Infantry (11-A) and he served in the Position of J-6 for almost a full year without receiving the appropriate compensation. 2. Review of the applicant’s service records shows: a. Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Michigan Army National Guard and executed an oath of office on 26 February 2003. b. He served in a variety of stateside or overseas assignments, including active duty mobilization, and he was advanced to lieutenant colonel on 28 May 2020. c. On 21 April 2021, The Adjutant General, MIARNG issued a promotion recommendation memorandum to the State Federal Recognition Board recommending the applicant for promotion ahead of his peers to the rank of COL. d. On 31 March 2022, the National Guard Bureau published Special Orders Number IP-10153 extending the applicant promotion to COL with an effective date and date of rank as 30 March 2022. 3. The NGB provided an advisory opinion on 1 September 2023 in the processing of this case. An NGB official restated the applicant’s request for adjustment to his Date of Rank (DOR) and effective date of promotion for the rank of COL and recommended partial approval of his request. a. The Soldier requests that the DOR and effective date for his Unit Vacancy Promotion (UVP) for the rank of COL be backdated from 30 March 2022 to 31 August 2021. b. On 17 May 2021 the Michigan Army National Guard uploaded the Soldier's UVP packet to eTracker, which is the National Guard Bureau (NGB) Federal Recognition system of record for processing promotion requests. On 26 May 2021, the packet passed Post Screening, awaiting assignment to a scroll within two to three weeks. The Soldier's packet should have been assigned to a scroll during the month of June to continue the Federal Recognition process. Unfortunately, due to eTracker going offline, the packet was assigned to scroll S07-21 on 28 July 2021. After scroll assignment, the Soldier's packet followed proper administrative channels and timelines for promotions requiring Senate approval. c. Title 10, USC, section 14308(f) (Effective date of promotion after Federal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force 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. d. The Army National Guard Federal Recognition acknowledges the delay in scroll assignment at no fault of the Soldier. Based on the average processing times proceeding scroll approval for the rank of COL and as a matter of equity it is the recommendation of this office for the DOR and effective date of promotion to be adjusted to 29 October 2021. This opinion was coordinated with the Army National Guard Federal Recognition Section. No input received from the Michigan Army National Guard. 3. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit additional comments and/or a rebuttal. He responded stating “I concur with the advisory opinion of granting me a Date of Rank adjustment to 29 October 2021 vice 30 March 2022. I respectfully request to be granted back pay and allowances in conjunction with the Date of Rank adjustment.” BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board concurred with the conclusion of the advisory official that a processing delay for which the applicant was not at fault delayed his promotion to COL. The Board determined the recommendation of the advisory official should be executed and the applicant’s effective date of promotion to COL should be changed to 29 October 2021. The Board further determined the applicant should receive any additional pay and allowances he is due as a result of this correction. 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 his effective date of rank for COL/O-6 is 29 October 2021. He should receive any additional pay and allowances he is due as a result of this correction. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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. Title 10, U.S. Code, section 14308(f) (Effective date of promotion after Federal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force 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. 2. National Guard Regulation 600-100, Commissioned Officers Federal Recognition and Related Personnel Actions, provides procedures for processing applications for Federal Recognition. Paragraph 10-15b states that temporary Federal Recognition may be granted by an Federal Recognition Boar (FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG. The FRB will forward the NGB Form 89 (Proceedings of a Federal Recognition Examining Board) and allied documents to The Adjutant General. When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB. If the member 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011851 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1