IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150018543 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 adjustment of his date of rank (DOR) to first lieutenant (1LT)/O-2 to 25 May 2013. 2. The applicant states: * he was appointed as a second lieutenant (2LT)/O-1 on 26 May 2011 * his source of commission was via the Reserve Officers’ Training Corps (ROTC) * on 22 July 2011, the Human Resources Command (HRC) approved his request for a two-year educational delay to participate in two graduate fellowships * upon completion of his fellowships, he entered active duty on 27 July 2013 * pursuant to Army Regulation, he was eligible for promotion to 1LT on the earlier of the following dates: 18 months of active duty service as a 2LT on the Active Duty List or the day before the second anniversary of the 2LT active date of rank (ADOR) * his 2LT ADOR is 26 May 2011; therefore, he should have been promoted to 1LT on 25 May 2013 3. The applicant provides: * Order Number 233-004, Headquarters, U.S. Army HRC, dated 21 August 2015 * Orders 094-006-A-2677, Headquarters, U.S. Army Cadet Command, dated 4 April 2013 * Order 136-12, Headquarters, 2nd Brigade, U.S. Army Cadet Command, dated 16 May 2011 * Email dated 9 May 2011 * Email dated 26 April 2011 * Memorandum, Headquarters, U.S. Army HRC, dated 22 July 2011 * DA Form 71 (Oath of Office – Military Personnel), dated 25 May 2011 * Officer Record Brief (ORB), dated 4 October 2015 * Orders 092-068-A-5104, Headquarters, U.S. Army Cadet Command, dated 2 April 2011 * Orders 138-004, Headquarters, U.S. Army Cadet Command, dated 18 May 2011 CONSIDERATION OF EVIDENCE: 1. A DA Form 71 shows the applicant signed and executed his oath of office on 25 May 2011, and was appointed as a Reserve commissioned officer of the Army in the rank of 2LT/O-1. 2. A memorandum, issued by Headquarters, U.S. Army HRC on 22 July 2011, approved the applicant’s request for a two-year educational delay to participate for one year as a Fulbright Scholar and for one year as a Gates Cambridge Scholar. 3. Orders 094-006-A-2677, issued by Headquarters, U.S. Army Cadet Command, dated 4 April 2013, ordered the applicant to active duty effective 29 July 2013, upon the completion of his two-year educational delay. 4. Order 233-004, issued by Headquarters, U.S. Army HRC, dated 21 August 2015, announced his promotion to 1LT/O-2 effective 21 July 2015. 5. During the processing of this case an advisory opinion was obtained from the U.S. Army HRC, Chief, Officer Promotions Special Actions. The advisory official stated: a. Based on a review of our records and the information provided, we find that the [applicant’s] request to adjust his 1LT DOR to 25 May 2013 does have merit in part. b. The reason for the delay in appointment included (1) an initial system(s) error that did not recognize his basic date of original appointment and/or his entry on active duty date to correctly calculate eligibility for scroll approval and promotion and (2) the Personnel Suitability Screening Process dictated by Department of Defense Instruction (DoDI) 1320.04, section 3583 and Deputy Chief of Staff/G1 Standard Operating Procedure (SOP). c. Army Regulation 600-8-29 [Personnel – Officer Promotions], Table 3-1, Rule 3 states he should have been promoted to 1LT at (1) the earlier date between 18 months from entrance on active duty current tour, or (2) the day prior to the 2nd anniversary of his 2LT DOR. d. He entered active duty on 27 July 2013 and his 2LT DOR is 26 May 2011; therefore his 1LT DOR should have been 25 May 2013. e. Although his effective promotion date cannot be earlier than 21 July 2015, the advisory official recommends that his DOR be retroactive to his promotion eligibility date of 25 May 2013. 6. The applicant received a copy of the advisory opinion for his information and/or possible rebuttal. However, he did not respond. 7. U.S. Code, Title 10, Section 624(c) states that appointments to 1LT shall be made by the President of the United States; the appointment authority was delegated to the Secretary of Defense through Executive Order 12396 (c). DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. The available evidence supports his contention that his DOR to 1LT should have been on 25 May 2013 vice 21 July 2015 in accordance with Army Regulation 600-8-29. 3. There is no question that he was fully qualified for promotion to 1LT with a DOR of 25 May 2013, and the delay of his promotion was not due to any fault of his own. Unfortunately, while his DOR may be adjusted for the purpose of future promotion eligibility, the effective DOR (i.e., the date he became eligible for pay and allowances in the higher grade) is set by the Secretary of Defense upon approval of the appointment scroll. 4. The Secretary of Defense approved the appointment scroll containing the applicant’s name on 21 July 2015; he was subsequently promoted with a DOR of 21 July 2015. The reason for the delay in appointment included (1) an initial system(s) error that did not recognize his basic date of original appointment and/or his entry on active duty date to correctly calculate eligibility for scroll approval and promotion (2) the Personnel Suitability Screening Process dictated by DoDI 1320.04, Section 3583 and Deputy Chief of Staff/G1, SOP. 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 that all Department of the Army records of the individual concerned be corrected by showing his DOR for 1LT/O-2 is 25 May 2013 vice 21 July 2015. This correction will not affect the effective date of his promotion. _______ _ _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) AR20140008410 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150018543 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1