IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150017755 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150017755 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his date of rank to first lieutenant to 20 December 2014. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjustment of his effective date of promotion to first lieutenant. _____________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: 3 May 2016 DOCKET NUMBER: AR20150017755 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 first lieutenant (1LT)/O-2. 2. The applicant states: a.  He was in the Reserve Officers' Training Corps (ROTC) at Pennsylvania State University on 21 December 2012 and he did not receive a date for the Basic Officer Leaders Course (BOLC) until 1 year and 8 months after he graduated and took his oath of office in the U.S. Army Reserve. b.  His information was transmitted by the Reserve Component Promotions office; however, he did not meet the criteria for promotion because he had not completed BOLC. c.  When he was ordered to active duty for BOLC, his name was removed from the Reserve promotion list. He was within the window for the active duty promotion list. However, his name never came up in the computer system for addition to the active duty promotion scroll, so he missed the date he should have been promoted (20 December 2014). d.  He contacted the U.S. Army Human Resources Command (HRC). He was advised that nothing could be done and he was directed to the Army Board for Correction of Military Records (ABCMR). 3. The applicant provides: * two DA Forms 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) * Army ROTC Battalion, Pennsylvania State University, Orders 356-03, dated 4 December 2012 * Army ROTC Battalion, Pennsylvania State University, memorandum, dated 21 December 2012, subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, U.S. Code (USC), sections 591, 593, 2104, 2106, and 2107 * two DA Forms 71 (Oath of Office) * Headquarters, U.S. Army Cadet Command, Orders 274-020-A-7450, dated 1 October 2014 * Headquarters, U.S. Army Garrison, Fort Sill, OK, memorandum, dated 17 August 2015, subject: Active DOR Determination (Applicant) * email * self-authored telephone record log CONSIDERATION OF EVIDENCE: 1. On 21 December 2012, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) and he executed an oath of office on the same date. 2. Headquarters, U.S. Army Cadet Command, Orders 271-020-A-7450, dated 1 October 2014, ordered him to active duty on 10 October 2014 for the purpose of completing BOLC and other training with a total active duty commitment of 7 years. 3. On 14 October 2014, he executed an oath of office which shows he was commissioned in the Regular Army in the rank of 2LT in the Medical Service Corps. 4. His DA Form 1059 (Service School Academic Evaluation Report), dated 19 December 2014, shows he completed all requirements of the Army Medical Department BOLC during the period 15 October 2014 through 19 December 2014. 5. He provided a memorandum from the Chief, Personnel Services Branch, Headquarters, U.S. Army Garrison, Fort Sill, OK, to the Commander, HRC, dated 17 August 2015, subject: Active DOR Determination (Applicant), wherein he requested determination of the applicant's active DOR. 6. His DA Form 1506, dated 17 August 2015, shows he had a total of 1 year, 9 months, and 23 days of creditable service as of that date and: * his pay entry basic date is shown as 21 December 2012 * his basic active service date is shown as 14 October 2014 7. He provided a self-authored telephone record log for 12 November 2015 pertaining to his promotion to 1LT and email from the HRC Officer Promotions Branch and the Chief, Personnel Services Branch, Headquarters, U.S. Army Garrison, Fort Sill, indicating he was advised: * he should have been promoted to 1LT on 20 December 2014 based on his original appointment date of 21 December 2012 * his records and Officer Record Brief had been updated with his correct DOR for 2LT * his name was added to a scroll of eligible lieutenants for promotion to 1LT and he would be given orders with a new DOR to 1LT once the scroll was approved * his promotion could not be backdated and would be no earlier than the Secretary of Defense date of scroll approval 8. On 5 February 2016, the Chief, Officer Promotions Branch, HRC, provided an advisory opinion in which he recommended correction of the applicant's DOR to his promotion eligibility date of 20 December 2014. He further stated: a.  The applicant's name was added to an appointment scroll on 2 November 2015. b.  As of the advisory date, the applicant had not been approved for appointment to 1LT. The primary reason for his delayed promotion was not due to any fault of his and was caused by: (1)  an initial system error that did not recognize his basic date of original appointment and/or his entry on active duty date to correctly calculate his eligibility for scroll approval and promotion; and (2)  the personnel suitability screening process dictated by 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), section 3583, and Office of the Deputy Chief of Staff, G-1, standing operating procedure. c.  The recommendation does not violate Title 10, USC, section 624(c), and allows the officer's seniority on the Active Duty List in accordance with Army Regulation 600-8-29 (Officer Promotions) and Title 10, USC, section 741. 9. On 10 February 2016, a copy of the advisory opinion was sent to the applicant for his review and response. He did not respond by the suspense date. 10. HRC Order Number 102-604, dated 11 April 2016, promoted him to the rank of 1LT with an effective date and DOR of 16 March 2016. REFERENCES: 1. 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, USC, section 624, in grades O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the President's authority to appoint military officers. All military officer appointments under Title 10, USC, 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. 2. Executive Order 13358 (Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces), dated 28 September 2004, delegated authority of the President to appoint officers in the U.S. Army Reserve to the Secretary of Defense with no further sub-delegation authorized. Effective 1 July 2005, all officers appointed, commissioned, or promoted must be on a scroll approved by the Secretary of Defense. 3. Title 10, USC, section 12203, provides that appointments of Reserve officers in the grades of lieutenant colonel and below shall be made by the President. This authority has been delegated to the Secretary of Defense via executive order. 4. Army Regulation 600-8-29 prescribes the officer promotion function of the military personnel system. a.  Paragraph 1-21 states the Commanding General, HRC or their designee will determine, on a case by case basis, the adjustments to be made in the active DOR and effective date of promotion. The active DOR and effective date may be earlier than the date of the actual order. b.  As established by the Secretary of the Army under Title 10, USC, sections 573, 574, and 619, officers must meet the minimum time-in-grade requirements to be considered for promotion. From 2LT and 1LT, the law establishes no minimum time-in-grade requirements for consideration for promotion; however, an officer must have at least 18 months of time in grade to be promoted to 1LT and 2 years of time in grade to be promoted to captain. The time-in-grade requirement for promotion to 1LT has been extended to 2 years by the authority of the Secretary of the Army. c.  Table 3, rule 3, shows the DOR for a 2LT is the date of the original appointment and the eligibility date for promotion to 1LT is: (1)  the earlier date between 18 months from entrance on active duty for the current tour or (2)  the day prior to the second anniversary of the 2LT DOR. DISCUSSION: 1. The applicant's original appointment date for 2LT was 21 December 2012 and he completed BOLC on 19 December 2014. 2. Although he met eligibility criteria for promotion to 1LT on 20 December 2014, his name was not added to an appointment scroll for 1LT until 2 November 2015 through no fault of his. The Secretary of Defense did not approve the scroll until 16 March 2016. 3. The ABCMR may only correct Army records. The ABCMR has no authority to correct records created by other Military Services or the Department of Defense. Any correction by the ABCMR must comport with other laws. Consequently, any correction to an individual's promotion effective date would effectively amend the Secretary of Defense's action and goes beyond the authority of the ABCMR. 4. The ABCMR does have the authority to alter appointment and assignment orders of Army officers. HRC confirmed his DOR for 1LT should have been 20 December 2014. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017755 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017755 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2