IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150009548 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 his date of rank (DOR) for promotion to first lieutenant (1LT)/O-2 from 2 October 2013 to 17 February 2013. 2. The applicant states: a. He transferred from the Florida Army National Guard (FLARNG) to the U.S. Army Reserve (USAR). The process lasted 9 months and the transfer was finalized on 1 October 2013. He became eligible for promotion to 1LT on 17 February 2013 according to Army Regulation 600-8-29 (Officer Promotions) and memorandum, subject: Corrected Copy: Promotion from 2LT to 1LT and from Warrant Officer One to Chief Warrant Officer Two (CW2) (Personnel Policy Memorandum (PPOM) #13-006), issued by the National Guard Bureau (NGB), dated 6 February 2013. b. The FLARNG never initiated a NGB Form 78 (Recommendation for Promotion to 1LT/chief warrant officer 2) or his promotion to 1LT despite multiple follow-ups. When he transferred to the USAR his promotion DOR to 1LT was dated the day he was placed in the USAR. 3. The applicant provides: * orders * DA Form 5016 (Chronological Statement of Retirement Points) * two DA Forms 71 (Oath Of Office – Military Personnel) * DD Form 368 (Request for Conditional Release) * emails * memorandum, subject: Letter of Acceptance Pertaining to [Applicant], issued Headquarters, 1st Battalion, 321st Regiment, fort Jackson, SC, dated 11 March 2013 * excerpt from Army Regulation 600-8-29 * memorandum, subject: Corrected Copy: Promotion from 2LT to 1LT and from Warrant Officer One to Chief Warrant Officer Two (CW2) PPOM #13-006, issued by the National Guard Bureau (NGB), dated 6 February 2013 CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the ARNG, the applicant was appointed as a Reserve commissioned officer on 17 August 2011. He executed an oath of office on the same day. 2. On 16 January 2013, he requested a conditional release from the FLARNG for appointment with the USAR. 3. A memorandum, subject: Letter of Acceptance pertaining to [Applicant], issued by Headquarters, 1st Battalion, 321st Regiment, Fort Jackson, SC, dated 11 March 2013, shows he was accepted as a member of the USAR. 4. His request for conditional release was approved on 16 August 2013. 5. He executed an oath of office with the USAR on 1 October 2013. 6. Orders 277-056, issued by the FLARNG, Saint Augustine, FL, dated 4 October 2013, as amended by Orders 281-100, dated 8 October 2013, show he was released from the ARNG and transferred to a USAR Troop Program Unit on the dated immediately following the effective date of 1 October 2013. 7. Orders B-01-400132, issued by U.S. Army Human Resources Command, dated 9 January 2014, show he was promoted to 1LT with an effective date of 2 October 2013. 8. In the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division at NGB. The advisory official recommended approval of the applicant's request for an adjustment of his DOR to 1LT. The official stated: a. The applicant was appointed in the FLARNG based on his NGB Form 337 (Oath of Office), dated 17 August 2011. He became eligible for promotion to 1LT on 18 February 2013 in accordance with PPOM Number 13-006, paragraph 5, which states the State must consider all 2LTs for promotion and complete a NGB Form 78 at 18 months whether or not the 2LT is qualified and recommended for promotion. b. On 20 March 2013, he officially requested his conditional release through his chain of command from the FLARNG into the USAR. He provided a Letter of Acceptance from the 321st Regiment, 1st Battalion Commander, who provided him a valid position. His conditional release was approved on 16 August 2013. c. He was appointed into the USAR on 1 October 2013 based on his Oath of Office. The USAR promoted him to 1LT with an effective DOR and DOR of 2 October 2013 based on Order Number B-01-400132, dated 9 January 2014. d. FLARNG recommended his DOR be corrected to show 18 February 2013 due to an administrative oversight involving the transfer and promotion of the applicant. e. The USAR was required to make any corrective action if the case received a favorable decision. The FLARNG did not have promotion authority to correct a USAR Soldier’s DOR. f. The FLARNG concurred with the recommendation. 9. The applicant was provided a copy of this advisory; however, he did not respond. 10. PPOM #13-006, issued by NGB on 6 February 2013, revised the administrative process for promotion to 1LT. It states that, effective 1 March 2013, the State must consider all 2LTs for promotion and complete an NGB Form 78 at 18 months whether or not the 2LT is qualified and recommended for promotion. If a 2LT is not recommended for promotion at 18 months, the commander must submit an NGB Form 78 with a request for separation or a request for the Adjutant General to grant an extension to 24 months. 11. Army Regulation 600-8-29 prescribes policies and procedures for officer promotions. Table 3-1 shows the earlier date, between the day prior to the second anniversary of the officer's DOR as a 2LT, and 18 months from the officer's date of entry on active duty, is used to determine the date of promotion to 1LT. DISCUSSION AND CONCLUSIONS: 1. The applicant was appointed as a Reserve commissioned officer on 17 August 2011 and became eligible for promotion to 1LT on 18 February 2013. 2. There is no indication that his commander requested his separation or an extension to 24 months for his eligibility for promotion to 1LT. 3. It appears an administrative oversight involving his transfer to the USAR caused the delay in his promotion to 1LT. 4. The delay in his promotion to 1LT was due to no fault on his part. 5. The effective date of promotion is established under the authority of the Secretary of Defense; this Board does not have the authority to change that date. The delay in his promotion to 1LT, however, was due to no fault on his part. As such, and as a matter of equity, it would be appropriate to correct his DOR (not his effective DOR) to 18 February 2013. His effective DOR will remain 2 October 2013. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ __X______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends all Department of the Army records of the individual concerned be amended to show his DOR (not effective DOR) to 1LT is 18 February 2013. 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of any relief related to the applicant's effective DOR for 1LT. _______ _ _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. ABCMR Record of Proceedings (cont) AR20150009548 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009548 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1