IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20170001582 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20170001582 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing orders amending her first lieutenant date of rank to 1 October 2016. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the effective date of promotion to first lieutenant (for pay and allowances). ___________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: 7 November 2017 DOCKET NUMBER: AR20170001582 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 the effective date and date of rank (DOR) of her promotion to first lieutenant (1LT)/pay grade O-2, along with all back pay and allowances. 2. The applicant states she is an Army nurse and she was granted constructive credit as an Army Medical Department commissioned officer. However, due to the promotion scroll process and procedures, she was not placed on the scroll in time to be promoted on her Reserve promotion eligibility date (PED), which was 2 April 2016. 3. The applicant provides no documentary evidence in support of her request. CONSIDERATION OF EVIDENCE: 1. Headquarters, U.S. Army (USA) Human Resources Command (HRC), Fort Knox, KY, memorandum, dated 20 December 2015, appointed the applicant as a Reserve commissioned officer of the Army, in the rank of second lieutenant (2LT)/pay grade O-1 (Army Nurse Corps), effective upon acceptance. It shows she was awarded 1 year, 4 months, and 19 days of constructive credit in an active status (as of 21 February 2016). She executed a DA Form 71 (Oath of Office – Military Personnel) on 21 February 2016. 2. Headquarters, USA HRC, Fort Knox, KY, Orders A-03-600403, dated 1 March 2016, as amended by Orders A-03-600403A01, dated 28 March 2016, ordered the applicant to active duty as a Regular Army (RA) commissioned officer on 8 March 2016. The applicant executed a DA Form 71 for appointment as a RA commissioned officer, in the rank of second lieutenant, on 8 March 2016. The Additional Instructions of the order show, "Effective on the date of entry on active duty, you are appointed in the Reserve grade of 2LT and placed on the ADL [Active Duty List] in the grade of 2LT in accordance with (IAWA) Army Regulation (AR) 135-101 [Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches]. DOR is to be adjusted based on constructive credit of 0 years, 0 months, 0 days." 3. Headquarters, USA HRC, Fort Knox, KY, Orders Number 328-002, dated 23 November 2016, promoted the applicant to 1LT (O-2) effective and with a DOR of 10 October 2016. 4. In the processing of this case, an advisory opinion was obtained from the Chief, Active Component/Reserve Component (AC/RC) Board Support, Officer Promotions, USA HRC, Fort Knox, KY, dated 7 August 2017. a. The advisory official stated that based on a review of USA HRC records, data systems, and the information provided, the applicant's request for adjustment of her 1LT DOR to 2 April 2016 does not have merit. b. She noted that the applicant is using her RC DOR of 2 October 2014 to calculate her AC 1LT DOR, which is not the way it is computed. She stated, "AR 600-8-29 [Officer Promotions], Table 3-2 [Computing PED to 1LT] (including an additional review and calculation of constructive credit), clarifies that in her case, her constructive credit was added to her RC DOR culminating in her AC appointment date. [The applicant] was appointed on 21 February 2016 with 1 year months [sic] and 19 days constructive credit making her eligible for promotion during the first quarter of fiscal year 2017. [The applicant] could have been promoted to 1LT with a DOR of 1 October 2016 (unless proven to be otherwise ineligible) had her scroll been approved on that date." c. The advisory official noted the delay in the applicant's appointment may have been caused by incorrect personnel and service data entered into USA HRC systems; an initial administrative or systems error that did not correctly calculate or recognize her as eligible for scroll appointment, approval, and promotion; and/or the Screening Requirement for Adverse and Reportable Information for Promotion and Federal Recognition to Colonel and below, as directed by the Deputy Chief of Staff/G-1, Standard Operating Procedures. d. She advised that, per Title 10, U.S. Code, section 624(c) (10 USC 624(c)), the effective date cannot be earlier than 10 October 2016 (the scroll approval date). Accordingly, USA HRC, recommends the applicant's DOR be corrected to her Reserve PED of 1 October 2016. The recommendation allows the applicant seniority on the active duty list (ADL) per Army Regulation 600-8-29 and would not violate 10 USC 624(c). 5. On 29 August 2017, the applicant was provided a copy of the advisory opinion to allow her the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. 10 USC 531 (Original appointments of commissioned officers), paragraph a(1), shows, in pertinent part, original appointments in the grades of 2LT, 1LT, and captain in the RA shall be made by the President alone. 2. 10 USC 624 (Promotions: how made), paragraph a(2), in pertinent part, shows officers to be promoted to the grade of 1LT shall be promoted IAW regulations prescribed by the Secretary concerned. 3. Executive Order 13384, dated 27 July 2005 (Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces), section 1, shows that the Secretary of Defense shall perform the functions of the President under the following provisions of Title 10, USC: subsection 531(a)(1) and the second sentence of subsection 571(b). 4. AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) applies to commissioned officers of the Army National Guard of the United States and the U.S. Army Reserve on the Reserve Active-Status List, and to Reserve warrant officers who are in an active status. Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (Time in grade requirements for commissioned officers), shows the minimum time in grade requirement for promotion from 2LT to 1LT is 2 years. 5. AR 600-8-29 prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the ADL. Chapter 3 (Managing Promotions to 1LT and Chief Warrant Officer Two), paragraph 3-1 (Rules for computing PED to 1LT), shows the PED will be computed according to the rules given in Table 3-1. The PED to 1LT is 18 months of active duty service as a 2LT on the ADL. DISCUSSION: 1. The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of 2LT, on 21 February 2016. She was granted 1 year, 4 months, and 19 days of constructive credit. a. A calculation of the applicant's adjusted 2LT DOR based on constructive credit granted shows the following: 2016  02  21 date of RC appointment, 2LT -   01  04  19 constructive (service) credit =  2014  10  02 adjusted 2LT DOR (2 October 2014) b. Her adjusted 2LT DOR was 2 October 2014. This established her reserve 1LT PED as 1 October 2016. 2. The applicant was appointed in the RA and entered active duty, in the rank of 2LT, on 21 February 2016. A calculation of her eligibility for promotion to 1LT based on active duty service on the ADL shows the following: 2016  02  21 date of RA appointment, 2LT +   01  06  00 18 months of active duty service on ADL =  2017  08  21 date eligible for promotion to 1LT (21 August 2017) 3. The USA HRC advisory official reviewed the applicant's military service records and constructive credit. She found the applicant met the requirements for promotion to 1LT on her reserve PED of 1 October 2016. 4. The applicant was promoted to 1LT effective and with a DOR of 10 October 2016. 5. The evidence of record shows her promotion to 1LT was delayed as a result of data errors related to pertinent service dates, screening requirements, and the promotion scroll process; however, it was not due to the fault of the applicant. 6. The effective date for promotion to 1LT cannot be modified because that would effectively amend the Secretary of Defense's action, which is beyond the authority of the USA HRC and the Army Board for Correction of Military Records. 7. The Board may recommend correction of the applicant's records to show she was promoted to 1LT in the RA with a DOR of 1 October 2016. However, in this case, this correction would not extend to the effective date of the applicant's promotion to 1LT, which would remain 10 October 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) AR20170001582 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001582 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2