BOARD DATE: 22 May 2020 DOCKET NUMBER: AR20200001049 APPLICANT REQUESTS: correction of her record to show Date of Rank (DOR) for the rank/grade of first lieutenant (1LT)/O-2 was effective on 22 February 2017. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders (SO) Number 21, dated 29 January 2016 * Orders Number 285-881, dated 12 October 2017 * SO Number 68, dated 23 March 2018 * National Guard Bureau (NGB) letter, dated 11 April 2018 * Orders Number B-09-807728, dated 17 September 2018 * Congressional inquiry letter, dated 20 September 2019 * Army Board for Correction of Military Records (ABCMR) letter, dated 10 January 2020 * North Carolina Army National Guard (NCARNG) letter, dated 28 January 2020 * Excerpt Logistics Corps Officer Branches * Military Personnel (MILPER) Message Number 19-047 * U.S. Army Reserve (USAR) email correspondence * NCARNG email correspondence * Army Review Boards Agency (ARBA) email correspondence FACTS: 1. The applicant states her DOR needs to be corrected as she stated in 2018. She was given bad advice which caused her name to be removed from the promotion scroll. Both the USAR and the NGB both stated the Board routinely corrects the error, and is the only one that can fix the error. Both agencies waited to be approached by the Board but it never happened. The rationale to exhaust all resources as stated in the previous letter is completely irrational as no one else can make the correction without direction from the Board. 2. A review of the applicant’s official records show the following: a. On 22 August 2015, having had prior enlisted service in the Regular Army and the ARNG, the applicant was appointed as a Reserve commissioned officer in the NCARNG and executed an oath of office. b. On 12 October 2017, Orders Number 285-881, issued by the Joint Forces Headquarters, Raleigh, NC, promoted the applicant to the rank of 1LT, under the provisions of National Guard Regulation (NGR) 600-100 (Commissioned Officers Federal Recognition and Related Personnel Activities), effective on 22 February 2017. c. On 19 March 2018, the applicant was honorably released from the NCARNG by reason of becoming a member of the USAR. Her NGB Form 22 (Report of Separation and Record of Service) shows in item 5a (Rank) second lieutenant (2LT)/O-1. d. On 21 March 2018, Orders Number 080-903, issued by the Joint Forces Headquarters, separated the applicant from the NCARNG and reassigned her to the USAR Control Group (Reinforcement), effective on 19 March 2018. e. On 23 March 2018, SO Number 68, issued by the NGB, withdrew the applicant’s Federal Recognition by reason of transfer to the USAR, effective on 19 March 2018. f. On 9 April 2018, Orders Number C-04-804291, issued by HRC, reassigned the applicant from the USAR Control Group (Reinforcement) to the 849th Quartermaster Company, effective on 20 March 2018. g. On 17 September 2018, Orders Number B-09-807729, issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, promoted the applicant to the rank of 1LT, effective on 20 March 2018. 3. The applicant provides: a. SO Number 21, issued by the NGB, extended Federal Recognition and appointed the applicant to the rank of 2LT with an effective date and date of rank of 22 August 2015. b. NGB letter to the Honorable Mr. T- T- that states the NGB reviewed the applicant’s inquiry and has determined the USAR to be the appropriate avenue to address her concerns. According to the ARNG Personnel Division, the NCARNG requested a separation order on 21 March 2018, which was published on 23 March 2018. As a result, she is no longer in the promotion scroll through the ARNG and the USAR is responsible for her submission. c. Congressional inquiry wherein the Honorable Mr. T- T-‘s office is provided a response from the ARBA congressional liaison office pertaining to the applicant’s case with the Board. d. ABCMR letter wherein the applicant was informed she had not exhausted administrative remedies for her promotion DOR through the NCARNG Joint Forces Headquarters. e. NCARNG letter to the applicant that states in pertinent part, upon research of their records, her Army military human resource records in the interactive personnel management system and e-mail correspondence between her and her chain of command in reference to her transfer to the USAR Control Group (Individual Ready Reserves (IRR)), the NCARNG was providing the following facts: Upon the NGB's Federal Recognition orders screening, she was removed from the promotion scroll effective 25 May 2018 due to the withdrawal of Federal Recognition as an ARNG officer and transfer to the USAR Control Group (IRR) effective 19 March 2018. Per HRC, one Reserve Component does not have the authority to publish promotion orders for another Reserve Component, only HRC retains this authority. She inadvertently received inaccurate information regarding her transfer and the Department of the Army promotion scroll process. Unfortunately, the NCARNG cannot modify her current DOR since there is no official Federal Recognition order, only the State promotion order and she was no longer a member of their organization. f. Excerpt from the Logistics Corps officer branch providing information pertaining to the Logistics Corps key developmental and broadening assignments. g. MILPER Message Number 19-047 providing guidance for the Reserve Component, Army Reserve Active Guard/Reserve, Army Reserve Non-Active Guard Reserve and ARNG, captain (CPT) Army promotion list competitive categories, promotion selection boards. h. USAR email correspondence wherein the applicant corresponds with the USAR Command pertaining to the CPT promotion board and the discrepancy with her DOR as a 1LT. i. NCARNG email correspondence wherein the applicant corresponds with a NCARNG official who states her transfer to the USAR should not affect her promotion or any back pay owed based on her DOR. j. Multiple emails to the ARBA email mailbox pertaining to her promotion with supporting email correspondence from a NCARNG personnel management official who provides supporting information and encouraged her to send the information to the Board pertaining to her DOR being adjusted to 22 February 2017. 4. On 31 January 2020, the NCARNG provided a memorandum to the Board providing facts regarding the applicant’s DOR. The memorandum states: a. This memorandum is to provide facts and supporting documentation regarding the DOR to 1LT for the applicant while assigned to the NCARNG. b. The following is a time-line of events that led to her removal from the Department of the Army (DA) promotion scrolls, which led to an error with her promotion eligibility date of 22 February 2017. (1) The 230th Brigade Support Battalion submitted the commissioned officer promotion request packet with the NGB Form 78 (Recommendation for Promotion) with an effective date of rank of 22 February 2017 to the NCARNG G-1 Officer Personnel Management (OPM) section on 8 October 2017. OPM processed the promotion request and published the State promotion order (285-881), dated 12 October 2017 with an effective date of rank of 22 February 2017. On 15 October 2017, OPM G-1 uploaded the commissioned officer promotion request packet via e-Tracker to the Federal Recognition Section at NGB. (2) On 9 March 2018, the applicant contacted Major (MAJ) B- W-, the Battalion Commander, inquiring if transferring to the USAR would affect her promotion process since her promotion scroll was awaiting action at the Office of Deputy Chief of Staff Personnel (9 days in the Department of Defense approval cycle). On 9 March 2018, MAJ B- W- replied "the transfer should not affect the promotion process or any back pay owed based on DOR." On 14 March 2018, she submitted an officer conditional release request to transfer to the USAR. Both the battalion and brigade chain of command endorsed her request. OPM G-1 received the officer conditional release request on 19 March 2018. (3) OPM G-1 published the State transfer order (080-903) to the USAR Control Group (Reinforcement) on 21 March 2018 with an effective date of 19 March 2018. OPM G-1 uploaded the request via e-Tracker for the Federal Recognition Section at The NGB for processing on 21 March 2018. On 23 March 2018, NGB processed her request and published the Federal Recognition order to withdraw Federal Recognition as an ARNG Officer and transfer to the USAR effective 19 March 2018. The Federal Recognition Section at the NGB removed her from the DA promotion scroll on 25 May 2018 due to her no longer being a member of the ARNG. (4) As noted above, the applicant, inadvertently, received incorrect information regarding her transfer to the USAR and the DA promotion scroll process. OPM G-1, also unintentionally, did not identify that she was pending Federal Recognition for promotion when processing the officer conditional release request. These actions alone clearly illustrate no fault of the applicant. Request favorable action in her request to have her DOR retroactive to her original promotion eligibility date of 22 February 2017. 5. See applicable references below. BOARD DISCUSSION: The Board reviewed the application, supporting documents, documents from the applicant's service record, and the NCARNG's memorandum for the Board. The Board concurred with the NCARNG's conclusion that actions beyond the applicant's control led to an unjust delay in her promotion to 1LT. By a preponderance of the evidence, the Board determined that, as a matter of equity, the applicant's date of rank for 1LT should be adjusted to 22 February 2017, and she should receive any pay and allowances she is due as a result of this correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 showing her date of rank for first lieutenant/O-2 is 22 February 2017 and paying her any pay and allowances she is due as a result of this correction. 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. REFERENCES: 1. Title 10 United States Code (USC), section 12213(a) (Officers; Army Reserve; transfer from ARNG of the U.S.) states unless discharged from his or her appointment as a Reserve, an officer of the ARNG of the United States whose Federal Recognition as a member of the ARNG is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the ARNG of the United States. 2. NGR 635-100 (Termination of Appointment and Withdrawal of Federal Recognition) states a State appointment will be terminated upon becoming a member of the Army Reserve. 3. NGR 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) states the promotion of officers in the ARNG is a function of the State. A commissioned officer who has been promoted by the State and extended Federal Recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army with assignment to the ARNGUS. 4. Department of Defense Instructions 1310.01 (Rank and Seniority of Commissioned Officers) states service secretaries have authority to adjust effective DOR for officers properly confirmed and appointed. A service secretary may adjust the DOR of an officer appointed to a higher grade under Title 10 USC, section 14308 if the appointment of that officer to the higher grade is delayed by unusual circumstances. The Secretary of the Military Department concerned must determine that the unusual circumstance caused an unintended delay in processing or approval of the selection board report or promotion list in order for an officer’s DOR to be adjusted. 5. Scrolling is a function of the Secretary of Defense and it is not within the purview of this Board. The scroll is issued monthly. Scrolls take about 90 to 120 days to be approved by the Secretary of Defense due to the fact that the lists are processed through multiple offices before being approved by the Secretary of Defense. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001049 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1