IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150017050 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: * Orders 145-680, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, on 24 May 2000, and Orders 152-678, also issued by Headquarters, 101st Airborne Division, on 31 May 2000, be revoked and removed from his official military personnel file (OMPF) * Orders 334-676, issued by Headquarters, 101st Airborne Division, Fort Campbell, on 29 November 2000, be filed in his OMPF 2. The applicant states: * he was issued two erroneous sets of promotion orders to first lieutenant (1LT) * Orders 145-680 promoted him to 1LT effective 3 December 1998; he was not commissioned until May 1999; Orders 152-678 attempted to correct the issue but listed an incorrect promotion date, 14 November 2000 * the errors were rectified when he was issued Orders 334-676 promoting him on 29 November 2000 and this date is in line with his records * the erroneous orders were published while he was assigned to 3rd Battalion, 320th Field Artillery (FA), Division Artillery (DIVARTY) * he had been reassigned to Headquarters and Headquarters Battery, DIVARTY by the time he was promoted to 1LT * he provided an incomplete DA Form 78-R (Recommendation for Promotion to 1LT/CW2) to the U.S. Army Human Resources Command (HRC) but they could not correct the situation 3. The applicant provides: * Orders 145-680, dated 24 May 2000 * Orders 152-678, dated 31 May 2000 * Orders 334-676, dated 29 November 2000 * Correspondence with HRC * DA Form 78-R * Officer Record Brief CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve as a cadet in the Reserve Officers' Training Corps on 14 November 1997 and attended Pennsylvania State University. 2. He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT) and executed an oath of office on 14 May 1999. He completed the FA Officer Basic Course from 24 May to 14 October 1999. 3. Between 15 October 1999 and 28 June 2000, he was assigned to Headquarters and Service Battery, 3rd Battalion, 320th FA, 101st Airborne Division, Fort Campbell, KY. 4. Between 29 June 2000 and 28 June 2001, he was assigned to Headquarters and Headquarters Battery, DIVARTY, 101st Airborne Division, Fort Campbell, KY. 5. On 24 May 2000, Headquarters, 101st Airborne Division published Orders 145-680 promoting him from 2LT to 1LT with a date of rank and effective date of 3 December 1998. These orders are filed in his OMPF. 6. On 31 May 2000, Headquarters, 101st Airborne Division published Orders 152-678 also promoting him from 2LT to 1LT with a date of rank and effective date of 14 November 2000. These orders are also filed in his OMPF. 7. On 29 November 2000, Headquarters, 101st Airborne Division published a third set of orders, Orders 334-676 also promoting him from 2LT to 1LT with a date of rank and effective date of 29 November 2000. These orders are not filed in his OMPF. 8. He served in a variety of stateside or overseas assignments, completed various training courses, and he was promoted to major in February 2009. 9. He provides a DA Form 78-R (backside), dated 19 October 2000. This form shows his battery commander recommended his promotion to 1LT and indicated that the applicant was very deserving of such promotion. The approving official's name is listed (the battalion commander) but his signature and recommended action are not indicated. The battery commander's name is consistent with the name shown on his Officer Evaluation Report for the rating period 20000629 through 20010628. 10. In September 2015, he corresponded with Officer Promotions at HRC in an effort to rectify his promotion issue. HRC advised him his DA Form 78-R could not be validated because it is missing a recommendation and signature from the battalion commander at the time. However, HRC opined that the applicant's 1LT date of rank was 29 November 2000. DISCUSSION AND CONCLUSIONS: 1. The applicant was commissioned on 14 May 1999 through ROTC. His appointment and date of rank to 1LT were adjusted to correspond with the U.S. Military Academy graduating class of 14 May 1999. The requirements for promotion from 2LT to 1LT in effect at the time required 18 months of time in grade. 2. Although the applicant's DA Form 78-R is incomplete and does not reflect his battalion commander's signature, given the recommendation of his battery commander and given the published promotion instrument (Orders 334-676, dated 29 November 2000), it is reasonable to presume the effective date of promotion and date of rank of 29 November 2000 is the correct date. 3. The two sets of erroneous orders (Orders 145-680 and Orders 152-678) should be removed from his OMPF and the correct promotion orders (Orders 334-676) should be filed in his OMPF. 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: * revoking Orders 145-680, issued by Headquarters, 101st Airborne Division on 24 May 2000, removing the promotion orders (Orders 145-680) from his OMPF, and not filing the revocation orders in his OMPF * revoking Orders 152-678, issued by Headquarters, 101st Airborne Division on 31 May 2000, removing the promotion orders (Orders 152-678) from his OMPF, and not filing the revocation orders in his OMPF * ensuring the two sets of erroneous orders provided with this application listed above are not filed in his OMPF * filing Orders 334-676, issued by Headquarters, 101st Airborne Division promoting him from to 1LT with a date of rank and effective date of 29 November 2000 in his OMPF __________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) AR20150017050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150017050 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1