IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010633 BOARD VOTE: ____X_____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010633 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 041-017, dated 10 February 2015, to show the applicant was promoted in the Regular Army to the rank of 1LT with a DOR of 30 May 2015 and an effective date of 28 January 2016. _____________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. IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010633 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 correction of her date of rank (DOR) for first lieutenant (1LT)/O-2 with entitlement to all back pay and allowances. 2. The applicant states, in effect, she was eligible for promotion to 1LT on 31 May 2015, exactly 24 months after she was commissioned in the Vermont Army National Guard (VTARNG) as a second lieutenant (2LT/O-1); however, she transferred to active duty on 12 May 2015 and was not scrolled to 1LT because she was no longer in the ARNG. 3. She served on active duty as a Gold Bar Recruiter; however, no one at the university had the authority to promote her to 1LT. She was told that once she completed the Basic Officer Leadership Course (BOLC) she would be eligible for promotion; however, as an early commissioning 2LT she was eligible for promotion to 1LT upon the completion of 24 months time in grade (TIG) without the requirement to complete the BOLC. 4. She provides: * orders * DA Form 71 (Oath of Office-Military Personnel) * memorandum, subject: Appointment as a Reserve Commissioned Officer * memorandum: subject: Corrected Copy: Promotion from 2LT to 1LT and from Warrant Office One (WO1) to Chief Warrant Two (CW2) Personnel Policy Memorandum (PPOM) #13-006 * memorandum of understanding (MOU) between Early Commissioning Program (ECP) Lieutenants and Reserve Officer Training Corps (ROTC) Cadet Command CONSIDERATION OF EVIDENCE: 1. The applicant was accessed into the VTARNG under the ECP, effective 31 May 2013. She took the oath of office on the same day as a Reserve commissioned officer in the rank of 2LT. 2. On 9 June 2015, she requested and was subsequently approved for transfer to active duty. She was separated from the VTARNG, as a 2LT, effective 11 May 2015. 3. She entered active duty in the Regular Army as a 2LT on 12 May 2015. 4. A DA Form 1059 shows she completed BOLC on 14 December 2015. 5. Headquarters, U.S. Army Human Resource Command (HRC), issued Orders Number 041-014, dated 10 February 2016, promoting her to 1LT with a date of rank and effective date of 28 January 2016. 6. The Chief, Officer Promotions provided an advisory opinion stating: a. The applicant entered on the Active Duty List (ADL) effective 12 May 2015; therefore, she must comply with the statutory and regulatory requirements(s) of Army Regulation 600-8-29 (Officer Promotions), Table 3-1 and United States Code (USC), Title 10, sections 619, 624, and 3583, for ADL members. b. In her case, the earliest eligible date for promotion to 1LT was 18 months from entrance into/on ADL or 24 months minus 1 day from the date she was commissioned. However, prior to promotion and in accordance with USC, Title 10, section 624, an officer may not be appointed to the next grade until the President of the U.S. has approved their appointment; the appointment authority was delegated to the Secretary of Defense through Executive Order Number 13384. c. Her name had been submitted for appointment to 1LT by the Secretary of Defense. Upon receipt of her endorsed nomination and providing she met the regulatory requirement for promotion, she would be promoted to 1LT no earlier than the day that the appointment was signed by the Secretary of Defense. d. Appointment approvals have a tentative approval of 90 to 120 days from date of submission; however, requirements outlined in Department of Defense Instruction 1320.04 and Title 10, USC, section 3583 may extend the tentative approval date. 7. On 9 December 2015, the advisory opinion was forwarded to the applicant for comment but no response was received. 8. She provides: a. An NGB promotion policy memorandum, dated 6 February 2013. Paragraph 7 states, in part, “2LTs commissioned through the Early Commissioning Program are eligible for promotion to 1LT at 24 months time in grade without the requirement to complete a BOLC.” b. Email correspondence between the applicant and the HRC Officer Promotion Management office supervisor, reference her eligibility for promotion to 1LT. This official informed the applicant that, by law, she could not be promoted until her appointment had been confirmed by the Secretary of Defense. REFERENCES: 1. Army Regulation 600-8-29 prescribes policies and procedures for officer promotions. Table 3-1 shows the earlier date, between the day prior to the second anniversary of the officer's DOR as a 2LT, and 18 months from the officer's date of entry on active duty, is used to determine the date of promotion to 1LT. 2. Title 10, USC, section 624 (Promotions: How Made), states a fully-qualified list of officers on a promotion list shall be considered approved when it has been approved by the President. 3. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states the DOR is the date the officer actually or constructively was appointed or promoted to a specific grade. DISCUSSION: 1. The governing regulation states promotion to 1LT should take place on the earlier of the following two dates: one day prior to the second anniversary of the officer's 2LT DOR or 18 months after entering active duty. In the applicant's case, the earlier date would have been on 30 May 2015 if she had remained in the VTARNG. However, she transferred to the active duty on 12 May 2015 which required that she be placed on the ADL and to have her appointment approved by the Secretary of Defense. Her delayed promotion was the result of requirements set forth by law and policy. 2. The effective date of promotion is established under the authority of the Secretary of Defense; this Board does not have the authority to change that date. The delay in her promotion to 1LT, however, was due to no fault on her part. As such, and as a matter of equity, it would be appropriate to correct her DOR to 1LT to 30 May 2015. Her “effective DOR” (i.e., the date she became eligible for pay and allowances in the higher grade) will remain 28 January 2016. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010633 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010633 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2