BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150007890 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests her date of rank (DOR) as a first lieutenant (1LT) be corrected to May 2013. 2. The applicant states, in effect, her Reserve component DOR to 1LT did not carry over to the Active component upon her commissioning. Her DOR should be 24 months after her commissioning date in May 2011. She was informed by the Nurse Corps Program Manager, Health Service Directorate, Headquarters, U.S. Army Recruiting Command (USAREC) that her DOR would be corrected; however, she was subsequently promoted to 1LT with an effective date and DOR of 17 December 2014. 3. The applicant provides: * Orders B-11-207433 * Orders A-05-307572 * a memorandum * 3 pages of electronic mail (email) CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve Commissioned Officer of the Army as a second lieutenant (2LT) in the U.S. Army Reserve Nurse Corps with an effective date of 27 July 2011 and a DOR of 17 May 2011. 2. Orders B-11-207433, issued by U.S. Army Human Resources Command, dated 16 November 2012, promoted her in the USAR to the rank/grade of 1LT/O-2 with an effective date and DOR of 16 November 2012. 3. On 6 June 2012, the applicant tendered her resignation from the USAR contingent upon her appointment in the Regular Army (RA). She successfully completed the Basic Officer Leadership Course on 6 May 2013 and on 29 May 2013, she was appointed as a 2LT in the RA. 4. Her records contain Order Number 043-001, issued by Headquarters, U.S. Army Human Resources Command, dated 12 February 2015, which promote her to the rank/grade of 1LT/O-2 with an effective date and DOR of 17 December 2014. 5. The applicant provides a memorandum, issued by the Active Duty Nurse Program Manager, USAREC, dated 21 October 2013, that states USAREC did not scroll the applicant as a 1LT when she was recruited for the RA because her USAR promotion orders were not available at that time. 6. Reference Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004. In this Executive Order, the White House has delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further sub-delegation authorized. On 1 July 2005, the directive was issued that all officers appointed into the USAR must be on a "scroll" approved and signed by the Secretary of Defense before an Oath of Office can be initiated. 7. Army Regulation 600-8-29 (Officer Promotions) prescribes the policy and procedures for the promotion of active duty officers. The law establishes no minimum time in grade (TIG) requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to ILT. The promotion eligibility date (PED) will be computed according to the rules given in chapter 3, table 3-1. The PED to 1LT will be the earlier date between 18 months of active Federal commissioned service, or the day prior to the 2nd anniversary of the 2LT DOR. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct her DOR to 1LT to May 2013 has been carefully examined. 2. The applicant states her DOR as a 1LT should be 24 months after her commissioning date in the USAR on 17 May 2011. She subsequently received orders promoting her to 1LT in the RA with an effective date and DOR of 17 December 2014. 3. Scrolling is a function of the Secretary of Defense and it is not within the purview of this Board. All military officer appointments under Title 10, U.S. Code, section 12203, in the Reserve of the Army not previously approved by 30 June 2005, including original appointments, shall also be submitted to the Secretary of Defense. The scroll is issued monthly. Scrolls take about 90 to 120 days to be approved by the Secretary of Defense due to the fact that the lists are processed through multiple offices before being approved by the Secretary of Defense. 4. USAREC states they did not scroll the applicant as a 1LT when she was recruited for the RA because her USAR promotion orders were not available at that time. As such, an adjustment of her effective date of appointment is not within the purview of this Board. 5. The Army Board for Correction of Military Records (ABCMR) may only correct Army records. The Board has no authority to correct records created by the other Services or the Department of Defense. Any correction by the ABCMR must comport with other laws. The Board may not ignore a requirement contained in, or outcome dictated by, another statute. Where officer personnel issues are involved that require approval by the Secretary of Defense, the Board's hands are often tied. Consequently, based on the authorities cited above, any correction to the applicant's effective date to 1LT would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board. 6. Nevertheless, it is clear that administrative errors were committed in the processing of her appointment. It is equally clear that the administrative error in the processing of her appointment caused her to be penalized for an action that was beyond her control. As a result, in accordance with the applicable Army regulation, the earliest date she was eligible for promotion to 1LT was 16 May 2013, the day before the 2nd anniversary of her 2LT DOR. Therefore, she is entitled to adjustment to her promotion DOR for 1LT to an earlier date. An appropriate remedy would be to amend her 1LT DOR to 16 May 2013. Regardless, her effective date of promotion to 1LT should remain 17 December 2014. BOARD VOTE: __X______ __X______ __X___ GRANT FULL RELIEF ________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Order Number 043-001, dated 12 February 2015, to show the applicant was promoted in the RA in the rank of 1LT with a DOR of 16 May 2013 and an effective date of 17 December 2014. _______ _ X _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150007890 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007890 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1