IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150011250 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, in effect, correction of his date of rank (DOR) for promotion to first lieutenant (1LT)/O-2 from 1 May 2015 to 3 April 2015. 2. The applicant states, in effect: a. Based on the date he entered active duty as a commissioned officer, he should have been promoted to 1LT on 3 April 2015. He believes his promotion was delayed as a result of the vetting process used by the U.S. Army Human Resources Command (HRC) for 1LT’s and chief warrant officers. b. During a visit to his duty station, the Commanding General, HRC advised him to apply to the Board to correct this problem. 3. The applicant provides: * DA Form 71 (Oath of Office - Military Personnel), showing the applicant executed his oath of office as a Regular Army (RA) officer on 3 October 2013 * Orders Number 138-122, dated 18 May 2015, issued by HRC CONSIDERATION OF EVIDENCE: 1. The applicant's records show, after prior enlisted service in the RA, he was appointed as a commissioned officer in the U.S. Army Reserve on 2 August 2013. 2. On 3 October 2013, he executed his oath of office, accepting a commission in the Regular Army. He entered active duty on 3 October 2013 and is currently serving as a 1LT. 3. Orders Number 138-122, dated 18 May 2015, issued by HRC, shows the applicant was promoted to 1LT with an effective date and DOR of 1 May 2015. 4. In an advisory opinion, an HRC official recommended the applicant's DOR be adjusted to 3 April 2013, but that his effective DOR remain 1 May 2015. a. Army Regulation 600-8-29 (Personnel General - Officer Promotions), in Table 3-1, rule 3, states an officer should be promoted to 1LT on the earlier date between 18 months from the date of entrance on active duty (current tour) and the day prior to the 2nd anniversary of the second lieutenant (2LT) DOR. b. The HRC official noted, in effect, that the applicant entered active duty on 3 October 2013 and his 2LT DOR was 2 August 2013. When 18 months are added to the 3 October 2013 date, the result is 3 April 2015. The day prior to the 2nd anniversary date for the applicant's DOR for 2LT is 1 August 2015. As such, the earlier date of 3 April 2015 would be the correct DOR for the applicant's promotion to 1LT. c. Title 10, U.S. Code, section 624, requires the President of the United States to make appointments to 1LT. This authority has been delegated to the Secretary of Defense. The Secretary of Defense approved the appointment scroll for the applicant on 1 May 2015, which is why this date became his DOR. d. A contributing factor for the delay is the requirement to complete a Personnel Suitability Screening Process, as dictated by Department of Defense Instruction (DODI) 1320.04 (Military Officer Actions Requiring Presidential, Secretary of Defense, or Under Secretary of Defense for Personnel and Readiness Approval or Senate Confirmation) as well as Deputy Chief of Staff, G-1 Standing Operating Procedure. e. Although the applicant's effective DOR cannot, by law, be earlier than the date approved by the Secretary of Defense, his DOR can be adjusted to 3 April 2015. Doing this would not violate law but would enable the applicant to have seniority on the active duty list. 5. The applicant was provided a copy of this advisory; however, he did not respond. 6. 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. 7. Title 10, U.S. Code, section 624 (Promotions: How Made), states a fully-qualified list of officers on a promotion list shall be considered approved when it has been approved by the President. DISCUSSION AND CONCLUSIONS: 1. The applicant requests, in effect, an adjustment of his DOR so that it conforms to the timeframe outlined in Army Regulation 600-8-29. 2. This regulation states promotion to 1LT should take place on the earlier of the following two dates: one day prior to the second anniversary of the officer's 2LT DOR or 18 months after entering active duty. In the applicant's case, the earlier date was the second option: 3 April 2015. His promotion, however, occurred a little less than 30 days late as a result of requirements set forth by law and policy. 3. 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 3 April 2015. His effective DOR will remain 1 May 2015. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 3 April 2015. _______ _ __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) AR20150011250 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150011250 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1