IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150001889 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 IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150001889 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. IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150001889 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: a. correction of his date of rank (DOR) and promotion effective date (PED) to first lieutenant (1LT) from 29 January 2013 to 17 June 2011 and b. all back pay and allowances due as a result of this correction. 2. The applicant states: a. He was commissioned in the Missouri Army National Guard (MOARNG) from Wentworth Military Academy on 17 December 2013 as a second lieutenant (2LT). As an early-commissioned lieutenant he did not have his bachelor's degree with his commission. He received his bachelor's degree in April 2011. b. He went to the Basic Officer Leaders Course (BOLC) during the period January 2012 to April 2012. c. He was not promoted to 1LT until 29 January 2013. His PED should be changed to 18 months from his commissioning date of 17 June 2011. d. According to Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), lieutenants are not required to meet educational requirements for promotion to 1LT under the Early Commissioning Program (ECP). The State of Missouri should have promoted him to 1LT 18 months from his commissioning date according to Army Regulation 135-155. e. He was not promoted until 3 years and 40 days later. This is not a reflection of his service record which has no negative marks. He submitted multiple promotion packets to his battalion. He was told by multiple people that he could not be promoted and they would do it for him. He lost quality time as a 1LT as well as money he should have received. 3. The applicant provides: * DA Form 71 (Oath of Office – Military Personnel) * two DA Forms 67-9 (Officer Evaluation Report) * DA Form 1059 (Service School Academic Evaluation Report) * excerpt from Army Regulation 135-155 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a 2LT in the MOARNG on 18 December 2009. 2. He completed the Infantry BOLC on 26 April 2012. 3. MOARNG Orders 036-065, dated 5 February 2013, promoted him to 1LT effective 29 January 2013. 4. National Guard Bureau (NGB) Special Orders Number 67 AR, dated 5 March 2013, extended him Federal recognition for promotion to the grade of 1LT effective 29 January 2013. 5. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. NGB recommends partial approval of the applicant's request and stated the applicant should have been promoted to 1LT on 18 December 2011 after serving 24 months as a 2LT. The opinion stated: a. The applicant was commissioned through the ECP. Officers appointed through the ECP are not required to attend their BOLC prior to commissioning to 1LT. b. The applicant graduated from the Wentworth Military Academy on 17 December 2009 with an Associate of Arts degree. c. He was appointed as a 2LT in the MOARNG on 18 December 2009 and assigned to the Field Artillery Branch. d. He graduated with a bachelor's degree. e. He completed the Infantry BOLC on 26 April 2012. He transferred from the Field Artillery Branch to the Infantry Branch in November 2012. f. He was promoted to 1LT effective 29 January 2013. g. Table 2-2 of Army Regulation 135-155 allows 2LTs in the ECP to be promoted at 24 months of time in grade (TIG) without completing civilian education or military education requirements. h. Personnel Policy Operational Memorandum (PPOM) 06-056 and National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) state ECP 2LTs may be promoted to 1LT without first attending OBC at 24 months of commissioned service, but may not be promoted to captain until successfully completing OBC, OAC, and baccalaureate degree requirements. i. NGB issued PPOM 08-035 which states all National Guard officers in the rank of 2LT may be promoted with a minimum of 18 months of TIG provided they have completed BOLC and are otherwise qualified. The applicant did not complete BOLC by this time. j. The MOARNG and NGB Officer Policy Branch concur with this recommendation. 6. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: 1. Title 10, U.S. Code, section 14308(f), states the effective date of promotion of a Reserve commissioned officer in the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended. 2. Authority granted to the Secretaries of the Military Departments in Secretary of Defense memorandum, dated 9 December 1982, subject: Redelegation of Authority under Executive Order 12396, to appoint officers under Title 10, U.S. Code, section 624, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation of the President's authority to appoint military officers below the Secretary of Defense. All military officer appointments under Title 10, U.S. Code, section 12203, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005 shall also be submitted to the Secretary of Defense. DISCUSSION: 1. The applicant requests correction of his DOR and PED to 1LT to 17 June 2011 with applicable back pay. He contends he should have been promoted to 1LT 18 months after his initial commissioning date of 18 December 2009. 2. Notwithstanding the favorable NGB advisory opinion, by law all military officer promotions require placement on a scroll and processing through Service channels to the Secretary of Defense. 3. Since his 1LT promotion cannot precede his scroll confirmation, and he wasn't scrolled until 5 March 2013, he would not have been eligible for promotion on 17 June 2011. His records show he was promoted to 1LT with an effective date and DOR of 29 January 2013. 4. Officer promotion scrolling actions are not within the purview of this Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150001889 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2