IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012881 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012881 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. _____________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: 30 August 2016 DOCKET NUMBER: AR20150012881 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 adjustment of his date of rank (DOR) to first lieutenant (1LT) to 29 November 2012 instead of 25 June 2013. 2. The applicant states: a. He was advised by the U.S. Army Human Resources Command (HRC) to submit an application to backdate his time in grade (TIG) (i.e. DOR) to 1LT to 29 November 2012 in order to be considered for promotion to captain (CPT)/O-3 in 2015. He received his commission from Federal officer candidate school in March 2011. He was an infantry platoon leader and company executive officer (XO) in the North Carolina Army National Guard (NCARNG) from March 2011 until November 2012; he then entered the Individual Ready Reserve (IRR) for 2 months. b. While serving in the NCARNG, he attended the Infantry Basic Officer Leader Course (BOLC). His class began in February 2012 and ended in April 2012. Near the end of BOLC, he tore his shoulder and was sent home in order to heal and return to the course. At the time, he was living in Washington, DC, and drilling in NC and due to the lack of available positions in the Virginia ARNG (VAARNG) he decided to enter the IRR and join the U. S. Army Reserve (USAR). c. He went into a USAR Troop Program Unit (TPU) status in January 2013 and attended the Military Intelligence (MI) BOLC in February 2013. Upon successful completion of the course, he was promoted to 1LT but was informed his DOR as a 1LT would be backdated to 18 months from his date of commissioning. He understands that the USAR cannot backdate his DOR to 1LT to the first 18 month mark because he was in the ARNG at the time. He is requesting his DOR to 1LT be backdated to November 2012 (when he entered the IRR) because he did not complete the Infantry BOLC due to an injury sustained to his left shoulder. d. In addition, his DOR should be backdated to November 2012 in order to reflect the work he has done for the Army and his Soldiers. The active duty component does not require BOLC before promotion to 1LT. He served as an infantry platoon leader and XO for almost 2 years and has more leadership time than his peers. He graduated MI BOLC near the top of his class; that combined with the leadership he learned as an infantry platoon leader and XO has made him proficient in his technical and leadership abilities but his rank does not reflect this. e. An injury should not negatively impact the needs of the Army and his career. He healed and within a little over a year he completed MI BOLC with high marks. It is in the best interest of the Army to allow him to fulfill the O-3 roles needed in the MI branch. His ability to lead and perform is affected as he cannot make the critical decisions required because he is junior to many who have less time in service, technical ability, and leadership development than he does. He is requesting the Board consider the experience he received while serving in his infantry company as an officer and allow him to be promoted to O-3 in 2015. He, the Army, and his unit are not able to benefit from his 4 years of experience as an officer in the Army until he is promoted to CPT. 3. The applicant provides: * six orders, dated between 25 April 2011 and 14 September 2013 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 30 March 2012 * DA Form 3349 (Physical Profile), dated 30 March 2012 * medical scheduling report, dated 14 April 2012 * DA Form 4856 (Developmental Counseling Form), dated 18 April 2012 * DD Form 220 (Active Duty Report), dated 26 April 2012 * DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 24 June 2013 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a second lieutenant (2LT) Infantry Reserve officer in the NCARNG on 3 March 2011. He was ordered to active duty for training (ADT) to attend the Infantry BOLC and entered ADT on 8 January 2012. He was assigned for BOLC to the 2nd Battalion, 11 Infantry Regiment, Fort Benning, GA. 2. On 30 March 2012, he received a temporary profile of "3" in the U (Upper Body) category of the PULHES for left shoulder pain. The profile limitations included no lifting, lowering, or carrying more than 35 pounds and no pushups, pullups, or wearing a rucksack. 3. He was unable to complete BOLC and on 26 April 2012 he was released from ADT due to his medical condition to the control of the NCARNG. 4. On 29 November 2012, he was honorably released from the NCARNG and was transferred to the USAR Control Group. 5. On 3 January 2013, he was appointed as an MI 2LT in the USAR and was assigned to the 1st MI Battalion, TPU, Fort Belvoir, VA. 6. He attended and successfully completed the MI BOLC from 26 February to 25 June 2013 conducted at Fort Huachuca, AZ. 7. Orders B-09-306127, dated 14 September 2013, issued by HRC, promoted him to 1LT with a DOR and effective date of 25 June 2013. 8. In the processing of this case an advisory opinion was received from the Chief, Officer Promotions, HRC, on 3 June 2016. The advisory official recommended denial of the applicant's request and opined: a. The applicant's request for adjustment of his DOR to 1LT does not have merit. Army Regulation (AR) 135-155 (ARNG and USAR – Promotion of Commissioned Officers and Warrant Officers other than General Officers), table 2-2, lists the military education requirements which must be met prior to promotion to the next higher grade. b. The applicant did not meet the military education requirement for promotion to 1LT until 25 June 2013. Reviewing the comments in the applicant's request affirms that he is well versed and aware of the promotion eligibility and qualification requirements set in AR 135-155. 9. On 1 July 2016, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. No response was received. REFERENCES: 1. AR 135-155 prescribes the policies and procedures for the promotion of Reserve Component officers. Table 2-1 states the minimum TIG requirements for promotion from 2LT to 1LT is 24 months. Table 2-2 states the military education requirements for promotion from 2LT to 1LT requires completion of resident OBC. 2. An Assistant Secretary of the Army, Manpower and Reserve Affairs memorandum, dated 19 August 2008, subject: Reduction in the TIG Requirement for Promotion of Reserve Component Officers to 1LT, established Department of the Army policy authorizing Reserve Component 2LT's on the Reserve active-status list to be promoted to 1LT with a minimum of 18 months TIG and completion of BOLC, if otherwise qualified. DISCUSSION: 1. The evidence of record confirms that in accordance governing regulations the applicant was properly promoted to 1LT upon completion of BOLC on 25 June 2013. While he may have attended the Infantry BOLC in 2012 and had to drop the course due to a medical condition, he did not complete the course and did not meet the promotion criteria to 1LT on 29 November 2012. 2. While he may have more expertise and experience than other officers of his rank there is no basis to adjust his DOR to 1LT to reflect his experience in order to make him eligible for immediate promotion to CPT. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012881 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012881 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2