ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 13 March 2020 DOCKET NUMBER: AR20200002823 APPLICANT REQUESTS: a. reinstatement of promotion eligibility based on removal of derogatory information from his Army Military Human Resource Record (AMHRR) and b. retroactive promotion to first lieutenant (1LT)/O-1 with a date of rank (DOR) of 27 November 2018. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). REFERENCES: 1. Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army officers. a. Paragraph 1-10 (Promotion eligibility) states: (1) To be considered for promotion by a selection board, an officer must be on the Active Duty List on the day the board convenes. Officers under suspension of favorable personnel actions (Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flag)) or in a non-promotable status (paragraph 1-19) remain eligible for consideration. (2) Promotion eligibility is determined by the Deputy Chief of Staff, G-1, and approved by the Secretary of the Army. For centralized promotions, eligibility is based on an officer's active DOR (ADOR) and time in grade (TIG). For decentralized promotions, the officer's promotion eligibility date is also a determinant. (See chapter 2 for procedures for determining ADOR for second lieutenant (2LT)). (3) As established by the Secretary of the Army under Title 10, U.S. Code, sections 573, 574, and 619, officers must meet the following minimum TIG requirements to be considered for promotion to 1LT. The law establishes no minimum TIG requirements for consideration for promotion; however, an officer must have at least 18 months of TIG to be promoted to 1LT. The TIG requirement for promotion to 1LT has been extended to 2 years by authority of the Secretary of the Army. b. Paragraph 1-18 (Accepting Promotion) states there is no service obligation for promotion to 1LT. c. Paragraph 1-19 (Non-promotable Status) states an officer's promotion is automatically delayed (that is, the officer is not promoted in spite of publication of promotion orders) when the officer is the recipient of a referred Academic Evaluation Report, a referred Officer Evaluation Report (OER), or a memorandum of reprimand (directed for filing in the Official Military Personnel File (OMPF) before the date he or she would otherwise have been promoted) which was not considered by the board that selected him or her for promotion. d. Paragraph 1-20 (Delay of Promotion) states the promotion of any officer who is in a non-promotable status is automatically delayed. e. Paragraph 1-21 (DOR and Effective Date of Promotion after a Delay) states: (1) When a delay in promotion is ended, the promotion approval authority will determine if the officer was, in fact, unqualified (as opposed to ineligible, as described in paragraph 1-10) for promotion during all or part of the delay and will adjust the officer's DOR and effective date of promotion accordingly. For officers on Headquarters, Department of the Army, centralized promotion lists, the promotion approval authority is the Commanding General, U.S. Army Human Resources Command, or his/her designee. (2) Information required to support the decision includes the following, as appropriate: • reason for the delay • date the case was closed and, if applicable, the date the officer met weight standards or passed the Army Physical Fitness Test • type of punishment received • date all punishment will be completed (including all periods of suspension and date all fines were paid) • date the memorandum of reprimand was directed to be filed in the officer's OMPF (not the date the memorandum is actually imposed or filed) • other information as provided in Army Regulation 600-8-2 f. When an officer's promotion suspension is ended favorably and he or she is exonerated of any wrongdoing, or a determination is otherwise made that the officer was qualified for promotion during the entire period of delay, the officer will be promoted with the ADOR, effective date (for pay and allowances), and position on the Active Duty List he or she would have received had there been no delay. However, the ADOR and effective date will be adjusted if promotion was delayed because of disciplinary action resulting in a memorandum of reprimand, regardless of filing disposition; then the ADOR and effective date will be the day after the date the reprimand was actually imposed or directed to be filed in the OMPF or Military Personnel Records Jacket, whichever is later. g. Table 3-1 shows an officer is eligible for promotion from 2LT to 1LT after 18 months of active duty service as a 2LT on the Active Duty List. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. The Army Military Human Resource Record (AMHRR) includes, but is not limited to, the OMPF, finance-related documents, and non-service related documents deemed necessary to store by the Army. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the Army Board for Correction of Military Records or other authorized agency. FACTS: 1. The applicant states a general officer memorandum of reprimand (GOMOR) was filed in his AMHRR, which triggered a record review and a flag by U.S. Army Human Resources Command prior to publication of his promotion orders. Subsequently, the derogatory information led to a Promotion Review Board memorandum, dated 11 December 2019, from the Secretary of the Army, removing his promotion eligibility. At this time, there is no longer derogatory information in his file; therefore, he should have been promoted to 1LT effective 27 November 2018. 2. Having prior enlisted service in the Regular Army, the applicant was honorably discharged in the rank/grade of sergeant/E-5 on 6 August 2015 to enter the Officer Training Program. He completed 8 years, 1 month, and 18 days of active service at the time of his discharge. 3. He enlisted in the U.S. Army Reserve as a cadet on 10 August 2015 for a term of 8 years. 4. He was appointed as a Reserve commissioned officer with concurrent orders to active duty and executed an oath of office on 12 May 2017. 5. On 21 May 2017, he was appointed as a Regular Army commissioned officer and executed an oath of office in the grade of 2LT in the Infantry Branch. 6. On 1 February 2018, he graduated from the Infantry Basic Officer Leader Course. 7. His DA Form 67-10-1 (Company Grade Plate (O1-O3; WO1-CW2) Officer Evaluation Report) covering the period 13 May 2017 through 18 April 2019 shows in: a. Part IV (Performance Evaluation – Professionalism, Competencies, and Attributes), his rater rated him as "Excels" and entered the comments: "[Applicant] is the #1 Second Lieutenant in the Battalion Operations Cell. He executes independently, with minimal guidance and delivers results well above his pay grade. His organization skills, technical proficiency, and work ethic has made him a highly invaluable asset within the operations cell and the Bobcat Battalion." b. Part IVc(1) (Character), his rater entered the comments: "[Applicant] lives the Army Values and those qualities are reflective in his daily interactions. He posses [sic] an unwavering commitment to the unit, the mission at hand, and executes to see all commitments through with disciplined action. [Applicant] constantly helped foster a positive and open climate that facilitated the Army's SHARP [Sexual Harassment/Assault Response and Prevention], EO [Equal Opportunity], and EEO [Equal Employment Opportunity] programs." c. Part IVc(2) (Presence), his rater entered the comments: "[Applicant] demonstrates a level of maturity that far surpasses his grade. He exudes the professionalism and confidence of a seasoned Officer. He commands a level of respect from peers, subordinates, and leaders alike. He has an unflappable and steady approach to tasks assigned and constantly provides outputs that are polished and timely." d. Part IVc(3) (Intellect), his rater entered the comments: "Selected as the Battalion Liaison Officer twice, [Applicant] was trusted to navigate and represent the Battalion amongst Officers and Non-Commissioned Officers much senior and experienced. His self-awareness and strong interpersonal tact allowed him to deliver strong results and made him crucial to the Battalions [sic] success in Operation Arctic Anvil and NTC [National Training Center] 19-04." e. Part IVc(4) (Leads), his rater entered the comments: "[Applicant] is an officer capable of extending his circle of influence laterally amongst his peers and vertically with both subordinates and supervisors. His ability to build trust within Battalion Operations cell due to his outstanding work ethic and professional demeanor set the example for his peers, subordinates, and leaders alike to emulate." f. Part IVc(5) (Develops), his rater entered the comments: "Serving as the Battalion Chief of Operations, [Applicant] constantly demonstrated his ability to self-educate and spread the knowledge garnered through his daily work. He maintained a high level of enthusiasm regardless of the challenges faced which permeated through the Battalion Operations Cell and was a driving factor in our ability to maintain a high esprit de corps." g. Part IVc(6) (Achieves), his rater entered the comments: "[Applicant] spearheaded the daily and weekly synchronization of the Battalion. Based on his impeccable time management and organizational skills, he made a name for himself within the Battalion as one of the go to Officers. He was constantly given the hardest jobs within the Battalion Operations Cell and exceeded expectations each and every time." h. Part VIa (Potential Compared with Officers Senior Rated in Same Grade), his senior rater rated him as "Most Qualified." i. Part VIc (Comments on Potential), his senior rater entered the comments: "[Applicant] is the #1 Second Lieutenant I senior rate in the Battalion. He posses [sic] the knowledge, competence, and maturity of a Captain. In preparation for our upcoming deployment in Support of Operation Inherent Resolve, I have selected him to serve as our BN [Battalion] Logistics Officer. [Applicant] is a force multiplier to any organization fortunate to have him. Promote to Captain and send to the Captains Career Course immediately. 8. On 9 August 2018, the Commander, Headquarters, U.S. Army Alaska, reprimanded the applicant in writing for driving under the influence of alcohol and directed filing the GOMOR in the applicant's AMHRR. 9. The applicant was eligible for promotion from 2LT to 1LT effective 13 November 2018. 10. On 1 October 2019, the Department of the Army Suitability Evaluation Board (DASEB) denied the applicant's request for removal of the GOMOR from his AMHRR. The DASEB determined the overall merits of his case did not warrant removal of the GOMOR; however, the board determined the evidence was sufficient to warrant transfer of the GOMOR to the restricted folder of his AMHRR. The DASEB further determined this action was not considered retroactive and did not constitute grounds for promotion reconsideration if previously non-selected. 11. On 16 January 2020, the former Commander, Headquarters, U.S. Army Alaska, formally requested removal of the GOMOR from the applicant's AMHRR. He stated that after careful review and reconsideration of all matters submitted, he believed he unjustly directed filing the GOMOR in the applicant's AMHRR. The GOMOR has served its intended purpose and would have done so if filed in his local file instead of his AMHRR. 12. On 11 February 2020, the DASEB reconsidered the applicant's request for removal of the GOMOR from his AMHRR and determined the issuing authority's statement was sufficient to warrant the requested relief. The DASEB directed removal of the GOMOR and all allied documents from the applicant's AMHRR. The DASEB further determined this action was considered retroactive and constituted grounds for promotion reconsideration if eligible and previously non-selected. BOARD DISCUSSION: 1. The Board considered the applicant's statement, his service record, the statement from the GOMOR imposing authority, and the decision by the DASEB to remove the GOMOR and all allied documents from his record. The Board agreed that the record shows the applicant has performed well as a junior officer and, if the GOMOR had been filed locally as the imposing authority now believes he should have done, processing of the applicant for promotion to 1LT would have continued. 2. Authority to promote officers to 1LT is reserved for the President and delegated to the Secretary of Defense. As such, the Board agreed that a recommendation to promote the applicant to 1LT effective 13 November 2018 would exceed the Board's authority. The Board did, however, determine that the applicant's record should be corrected to show his promotion eligibility was reinstated so processing of his potential promotion to 1LT can continue. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 to show his promotion eligibility was reinstated and then continue processing his promotion to first lieutenant/O-2 in accordance with the governing law and regulations. 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 any relief in excess of that described above. 4/16/2020 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002823 ABCMR Record of Proceedings (cont) AR20200002823 1 7 1