IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014273 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014273 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 the Army records of the individual concerned be corrected by showing he was promoted to first lieutenant with a date of rank of 25 November 2014. This correction does not affect his effective date of rank for pay purposes. _____________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: 22 December 2016 DOCKET NUMBER: AR20150014273 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) to first lieutenant (1LT) from 1 May 2015 to 25 November 2014. 2. The applicant states: a. His DOR to 1LT is incorrect. He was supposed to be promoted to 1LT in November 2014, but his unit S-1 did not properly attach him to the unit when he reported in December 2013. His is a prior enlisted Soldier and he has never had a break in service while on active duty. b. He was informed by his branch manager that he was not properly attached to his unit. This was an error executed by his S-1 and not due to action on his part. He was commissioned in May 2013. He was also informed that his promotion orders would take 6-9 months to get signed, but would be backdated to November 2014. This never happened. 3. The applicant provides: * DA Form 71 (Oath of Office – Military Personnel) * memorandum, dated 2 December 2013 * DA Form 4187 (Personnel Action) * DA Form 1959 (Service School Academic Evaluation Report) * Officer Record Brief CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army from 30 April 1999 through 16 May 2013, the applicant was commissioned as a second lieutenant (2LT) in the Regular Army on 17 May 2013. 2. Headquarters, U.S. Army Human Resources Command (HRC), Order Number 138-102, dated 18 May 2015, promoted him to 1LT effective 1 May 2015 with a DOR of 1 May 2015. 3. In the processing of this case, a staff advisory opinion was obtained from the Chief, Department of the Army Promotions, HRC, dated 31 October 2016, wherein he stated: a. The applicant's request to adjust his DOR to 1LT has merit. b. Table 3-3 of Army Regulation 600-8-29 (Officer Promotions) affirms that he could have been promoted to 1LT with a DOR of 25 November 2014. c. The reason for the delay in appointment may have included, but was not limited to: (1) incorrect personnel and service data entered into HRC systems; (2) an initial administrative or system(s) error that did not correctly calculate or recognize him as eligible for scroll appointment, approval, and promotion; (3) the screening requirement for adverse and reportable information for promotion and Federal recognition to colonel and below dictated by Army Directive 2016-26; Department of Defense Instruction 1320.04 (Military Officer Actions Requiring Presidential, Secretary of Defense, or Under Secretary of Defense for Personnel and Readiness Approval or Senate Confirmation); Title 10, section 3583; and Department of the Army Deputy Chief of Staff, G-1, standard operating procedure. d. Although his current 1LT effective date of 1 May 2015 cannot be earlier per Title 10, section 624(c), that office recommends amending his DOR retroactive to his promotion eligibility date of 25 November 2014. The recommendation does not violate Title 10, section 624(c), and allows him seniority on the Active Duty List (ADL) per Army Regulation 600-8-29 and Title 10, section 741. 4. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He did not respond. REFERENCES: Army Regulation 600-8-29, paragraph 3-1a(1), states the promotion eligibility date to 1LT is 18 months of active duty service as a 2LT on the ADL. DISCUSSION: 1. The applicant requests adjustment of his DOR to 1LT to 25 November 2014. 2. The evidence shows he was appointed as a 2LT in the Regular Army on 17 May 2013. 3. The governing regulation states the promotion eligibility date for a 1LT is 18 months of active duty service as a 2LT on the ADL. 4. He was promoted to 1LT on 1 May 2015 with a DOR of 1 May 2015, almost 24 months after he was placed on the ADL. 5. Based on the HRC advisory opinion recommendation, he was eligible for promotion to 1LT on 25 November 2014. As noted in the HRC advisory opinion, his effective date of promotion should remain unchanged. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014273 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014273 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2