IN THE CASE OF: BOARD DATE: 20 May 2021 DOCKET NUMBER: AR20200002832 APPLICANT REQUESTS: adjustment of her pay and Date of Rank (DOR) to First Lieutenant (1LT)/O-2 to reflect 8 December 2018. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number B-07-904XXX, published by the U.S. Army Human Resources Command (HRC), dated 24 July 20XX * email communication FACTS: 1. The applicant states that prior to being commissioned at the rank of Second Lieutenant (2LT)/O-1 she was a promotable Chief Warrant Officer Two (CW2). Her DOR to 2LT was not properly reflected within the personnel database. She was overlooked by the HRC Reserve Officer Promotions causing a delay in submitting her for scrolling. She received her promotion orders 5 months after her actual promotion eligibility date resulting in her now being 5 months behind her peer group. 2. On 4 March 2010, having had prior enlisted service in the U.S. Army Reserve she was appointed as a Reserve warrant officer. 3. Orders Number B-04-202XXX, published by HRC, Fort Knox, KY, on 23 April promoted her to the rank of CW2 with a DOR and effective date of 4 March 2012. 4. On 9 June 2017, she was appointed as a Reserve commissioned officer in the rank of 2LT. 5. DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) shows she was not awarded constructive credit for previous education completed. This form shows a Bachelor's Degree – Radiologic Technology (awarded on 31 December 2011). Inclusive dates of attendance August 2010 – 31 December 2011. She was appointed in the Medical Service Corps in Area of Concentration 70B (Health Services Officer). 6. On 19 December 2018 she completed the Army Medical Department (AMEDD) Basic Officers Leader Course. 7. Orders Number B-07-904XXX, published by HRC, on 24 July 2019, promoted her to the rank of 1LT with an effective date and DOR of 30 May 2019. 8. The applicant provides email communication reflective of electronic conversation history concerning her promotion to 1LT. The emails state that her promotion scroll was submitted in February of 2019 and the process typically takes 120-160 days to be approved. She was further advised that the earliest DOR that could be awarded would be consistent with the approval date of the scroll (30 May 2019). Any additional adjustments to an earlier DOR must be granted by the Board. On 27 February 2020, HRC Officer Promotions noted that the personnel database did not properly contain the applicants DOR until after October 2018. Had the database been corrected to accurately reflect her DOR to 2LT upon appointment, she would have been identified to an earlier appropriate scroll for promotion to 1LT. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and AHRC email correspondence the Board found there was sufficient evidence to show the applicant should have her date of rank (DOR) adjusted to properly reflect her rank to first lieutenant in December 2018. Based on regulatory guidance, and no fault of the applicant the Board determined her promotion records to first lieutenant warrant correction to show she was promoted 18 months from the date of her commissioning as a second lieutenant. Therefore, the Board determined relief was warranted and granted relief. 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 Army and Defense Finance and Accounting System (DFAS) records of the individual concerned be corrected by adjustment of her pay and Date of Rank (DOR) to First Lieutenant (1LT)/O-2 to reflect 8 December 2018. Recommend DFAS–IN determined exact arrears payment. 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. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR): a. Table 2-1 states promotion form 2LT to 1LT requires a minimum two years in the lower grade and a maximum of 42 months b. Table 2-2 shows the minimum educational requirement is the resident officer basic course. 2. Department of Defense Instructions 1310.01 (Rank and Seniority of Commissioned Officers) states the Secretary of the Military Department concerned may adjust the DOR of an officer, except a general or flag officer, appointed to a higher grade under Title 10, USC, sections 624(a) or 14308(a) 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. 3. AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides grade and DOR upon original appointment and assignment to an Army Medical Department (AMEDD) branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon-appointment or assignment will be recorded on a DA Form 5074- R or a DA Form 5074-1-R. Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. Entry Grade Credit of less than 3 years results in commissioning at the rank of Second Lieutenant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002832 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1