BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20160004099 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 BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20160004099 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends all Department of the Army records of the individual concerned be amended to show his date of rank (not effective date of rank) to 1LT as 15 January 2015. ___________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. BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20160004099 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 his date of rank (DOR) for promotion to first lieutenant (1LT)/O-2 from 21 July 2015 to 15 January 2015. 2. The applicant states: a. He entered active duty on 15 July 2013. The promotion “rate” to 1LT is at 18 months after Basic Active Service Date (BASD). His promotion date to 1LT should be 15 January 2015. His BASD is listed incorrectly in the system. He was not scrolled in time for the scheduled promotion to 1LT. c. He raised the issued in December 2014 and continued to raise the issue until his promotion to 1LT, more than six months later. He was told by the Army Human Resources Command (HRC) that he would receive back pay and his DOR would be fixed after the actual promotion took place. The six month difference would affect his promotion to captain, possibly change his Cohort Year Group, and represents a difference in pay of roughly $4,800. 3. The applicant provides: * DA Form 71 (Oath of Office) * DA Form 4037 (Officer Record Brief) * orders CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer on 18 May 2013. 2. Orders Number 233-003, dated 21 August 2015, issued by Headquarters, U.S. Army Human Resources Command (HRC), show the applicant was promoted to 1LT with an effective date and DOR of 21 July 2015. 3. In an advisory opinion, an HRC official recommended the applicant's DOR be adjusted to 15 January 2015, but that his effective DOR remain 21 July 2015. The opinion stated: a. Based on a review of their records and information provided they found that the applicant’s request to adjust his 1LT DOR to 15 January 2015 had merit, in part. They reviewed all supporting documentation and determined it was lawful. His delay of promotion was not due to any fault of his own. Army Regulation 600-8-29, Table 3-1, rule 3, states that in his case he should have been promoted to 1LT at the earlier date between 18 months from the date of entrance on active duty (current tour) or the day prior to the 2nd anniversary of the second lieutenant (2LT) DOR. b. The HRC official noted the date he entered his active duty tour was 15 July 2013 and the day prior to the 2nd anniversary of his 2LT DOR was 17 May 2015; therefore, his 1LT DOR should have been 15 January 2015, 18 months from his entrance on active duty. c. Title 10, U.S. Code, section 624, requires the President of the United States to make appointments to 1LT. This authority has been delegated to the Secretary of Defense. The Secretary of Defense approved the appointment scroll for the applicant on 21 July 2015, which is why this date became his DOR. d. The reason for the delay in appointment included an initial systems error that did not correctly recognize his basic date of original appointment, or his Entry on Active Duty Date and the Personnel Suitability Screening Process, as dictated by Department of Defense Instruction (DODI) 1320.04 (Military Officer Actions Requiring Presidential, Secretary of Defense, or Under Secretary of Defense for Personnel and Readiness Approval or Senate Confirmation) as well as Deputy Chief of Staff, G-1 Standing Operating Procedure. e. Although his effective promotion date cannot be earlier than 21 July 2015, per Title 10, U.S. Code, section 624, the HRC official recommended his DOR be retroactive to his promotion eligibility date of 15 January 2015. Doing this would not violate law but would enable the applicant to have seniority on the active duty list. 4. The applicant concurred with the advisory opinion. 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, U.S. Code, 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. 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 was the second option: 15 January 2015. His promotion, however, occurred about six months late as a result of an error. 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 his promotion to 1LT, however, was due to no fault on his part. As such, and as a matter of equity, it would be appropriate to correct his DOR (not his effective DOR) to 15 January 2015. His effective DOR will remain 21 July 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004099 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004099 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2