BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160004739 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 BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160004739 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. BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160004739 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 records to show his date of rank (DOR) to first lieutenant (1LT) as 15 August 2014 vice 28 January 2016. 2. The applicant states: a. His entered active duty current tour (EADCT) date is 14 August 2014 and his basic active service date (BASD) is 14 August 2014. His DOR to second lieutenant (2LT) was 18 May 2012. His DOR to 1LT should be 18 months from his EADCT date or 24 months from his DOR to 2LT. b. His S-1 stated that his promotion to 1LT did not happen automatically as it should have, as when he was transferred from the Reserve Officers' Training Corps (ROTC) to active duty his information was entered incorrectly. He (the S-1) reviewed the applicant's information many times in TOPMIS II prior to his promotion. On the 03A (Service Data Screen), he had no date of appointment in the regular component (DTAPRG). It was just blank when it should have been 15 August 2014. His service component was "V - U.S. Army Reserve" (USAR), except he was on active duty (i.e., in the Regular Army (RA)) and not the USAR. The S-1 believed that whoever moved him from the USAR to the RA missed a few blocks of information and the automatic promotion did not happen correctly. 3. The applicant provides two orders and two DA Forms 71 (Oath of Office - Military Personnel). CONSIDERATION OF EVIDENCE: 1. The applicant was serving as an enlisted member of the Army National Guard (ARNG) Simultaneous Membership Program while enrolled in the ROTC program at Valley Forge Military College, Wayne, PA. He was discharged from the ARNG on 18 May 2012. 2. Order Number 124-015, dated 3 May 2012, issued by Headquarters (HQ), U.S. Army Cadet Command (USACC), released him from HQ, USACC effective 18 May 2012, and assigned him to the U.S. Army Human Resources Command (HRC), Army Reserve Control Group: Officer Active Duty Obligor, by reason of early commission in the USAR from the ROTC scholarship program. He was required to report to the ROTC Detachment, St. Francis University, Loretto, PA. This order stated he had a maximum of 36 months after his commissioning to complete his baccalaureate degree and his anticipated graduation date was 18 May 2014. 3. On 18 May 2012, by memorandum, he was appointed as a 2LT Reserve commissioned officer under the provisions of Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, Administration, and Training), chapter 6, section II, Early Commissioning Program (ECP). On 18 May 2012, he executed an Oath of Office and accepted his appointment as a 2LT Reserve officer; he was subsequently assigned to the USAR, 345th Engineer Company, New Kensington, PA. 4. He attended St. Francis University and received his baccalaureate degree in May 2014. 5. Orders A04490027, dated 8 April 2014, issued by HRC, ordered him to active duty as a Reserve officer in the rank of 2LT to fulfill his active duty service obligation, with an active duty date of 14 August 2014 and a report date of 16 August 2014 to attend the Armor Basic Officer Leader Course (BOLC), Fort Benning, GA. 6. On 14 August 2014, he entered active duty at Fort Benning, GA, as a Reserve 2LT. On 19 August 2014, he was appointed as a 2LT commissioned officer in the RA and executed an Oath of Office on that date. 7. Orders 14-258-0003, 15 September 2014, issued by the USAR Command, discharged him from the USAR effective 15 August 2014 due to having accepted an active duty appointment. 8. He attended and successfully completed the Armor BOLC conducted at the U.S. Armor School, Fort Benning, from 14 October 2014 through 13 March 2015. 9. Order Number 054-004, dated 22 February 2016, issued by HRC, promoted him to 1LT with a DOR and effective date of 28 January 2016. 10. The applicant's application to this Board was received on 7 March 2016. 11. Order Number 133-607, dated 12 May 2016, issued by HRC, amended Order Number 054-004 to show the applicant was promoted to 1LT with a DOR and effective date of 15 August 2014. 12. In the processing of the case an advisory opinion was received on 18 September 2016 from the Chief, Officer Promotions, HRC. The advisory official opined: a. Based on a review of their records, data systems, AR 600-8-29 (Officer Promotions), and the information provided, they found the applicant's request to adjust his DOR to 1LT did have merit. AR 600-8-29, Table 3-3, (including an additional review and calculation of service) clarified that in his case, he could have been promoted to 1LT with a DOR of 17 May 2014 (unless proven to be otherwise ineligible). b. The reason for the delay in appointment may have included but was not limited to incorrect personnel and service date entered in the HRC systems; an initial administrative or systems(s) error that did not correctly calculate or recognize him as eligible for school appointment, approval, and promotion; the Screening Requirement for Adverse and Reportable Information for Promotion and Federal Recognition to Colonel and Below dictated by Army Directive 2016-26, Department of Defense Instruction (DODI) 1320.04, section 3583, and Deputy Chief of Staff/G-1, Standard Operation Procedure. c. Although his current 1LT effective DOR cannot be earlier than 15 August 2014, per section 624(c), they recommended his DOR be retroactive to his promotion eligibility date of 17 May 2014 (emphasis added). The recommendation does not violate section 624(c) and allows the officer seniority on the active duty list (ADL) in accordance with AR 600-8-29 and section 741. 13. On 27 September 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; however, no response was received. REFERENCES: 1. AR 135-155 (ARNG and USAR – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve Component (RC) 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 the resident officer basic course (OBC) except in certain circumstances. Note 7 states ROTC cadets appointed under the ECP on or after 1 February 1987 are required to complete resident OBC prior to promotion to 1LT. 2. AR 600-8-29 states to be considered for promotion by a selection board, an officer must be on the ADL on the day the board convenes. a. A RC commissioned officer who transfers from another uniformed service will keep the same grade and adjusted DOR (ADOR) if he/she was on extended active duty on the day before transferring. Officers transferring to the Army from another service without a break in service are immediately eligible for promotion consideration if their DOR places them within the promotion zone for a grade for which the selection board had not adjourned before the effective date of the transfer. c. The ADOR of an officer receiving an original appointment as an RA commissioned officer is the date the appointment is accepted unless the appointee was, at the time of appointment, a Reserve officer. Completion of OBC is not a requirement for promotion to 1LT of a RA officer. 3. AR 145-1, chapter 6, section II, prescribes the requirements for the ECP. It states that ROTC graduates may be commissioned under the provisions of the ECP provided they are graduates of a military junior college (MJC). The only exception is for those cadets who have been selected for Reserve Forces Duty by the Department of the Army (DA)/ROTC Selection Board. Acceptance of an early commission terminates cadet status. Subsistence or further scholarship benefits will not be authorized. MJC graduates are eligible for appointment under the ECP provided they have completed all ROTC requirements, have less than 36 months remaining to complete baccalaureate degree requirements after being commissioned, and must have an official letter of acceptance to an accredited baccalaureate degree granting 4-year institution. MJC graduates commissioned under the provisions of the ECP will join an ARNG or USAR unit if available. DISCUSSION: 1. The applicant initially requested correction of his DOR to 1LT to 15 August 2014 vice 28 January 2016 and this was corrected on 12 May 2016 by Order Number 133-607. However, the advisory official recommended his DOR be adjusted to 17 May 2014. 2. The evidence of record confirms the applicant was appointed as a 2LT Reserve officer on 18 May 2012 under the ECP. He earned his baccalaureate degree in May 2014 and entered active duty as a USAR Reserve 2LT on 14 August 2014. 3. On 19 August 2014, he was appointed as a 2LT in the RA and was promoted to 1LT with a DOR and effective date of 28 January 2016; however, HRC subsequently adjusted his DOR to 15 August 2014. He completed BOLC on 13 March 2015. 4. Eligibility for promotion to 1LT of a RC officer requires the minimum TIG of 24 months and completion of the resident OBC. Notwithstanding the advisory opinion, although the applicant may have had 24 months TIG as a 2LT in the USAR on 17 May 2014, he was not eligible for promotion to 1LT at that time as he was a RC officer and had not attended and completed the BOLC. 5. Once the applicant transferred from the USAR and was appointed as a 2LT in the RA he was immediately eligible for promotion. Although there was an initial error in his DOR, this error was corrected and his DOR was appropriately adjusted to 15 August 2014. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004739 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004739 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2