IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160005599 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: 26 July 2016 DOCKET NUMBER: AR20160005599 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 date of rank (not effective date of rank) to 1LT as 23 May 2015. 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 in excess of the relief described above. _____________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: 26 July 2016 DOCKET NUMBER: AR20160005599 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 28 January 2016 to 23 May 2015. 2. The applicant states due to an administrative error his name was not listed on the scroll to be promoted until 26 January 2016. He was appointed as a second lieutenant (2LT) on 24 May 2013 and should have been promoted to 1LT on 24 May 2015. 3. The applicant provides a DA Form 71 (Oath of Office). CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the Regular Army, the applicant was appointed as a Reserve commissioned officer on 24 May 2013. On the same day he executed an oath of office. He is currently serving as a 1LT. 2. Orders Number 041-006, dated 10 February 2016, issued by Headquarters, Army Human Resources Command (HRC), show the applicant was promoted to 1LT with an effective date and DOR of 28 January 2016. 3. In an advisory opinion, an HRC official recommended the applicant's DOR be adjusted to 23 May 2015, but that his effective DOR remain 28 January 2016. The opinion stated: a. The promotions branch conducted a review of his application for correction of military records to adjust his 1LT DOR. They reviewed all supporting documentation and determined it was lawful. His delay of promotion was not due to his fault. Army Regulation 600-8-29 (Officer Promotions), in Table 3-1, rule 3, states that in his case he should have been promoted to 1LT at the earlier date between 18 months from his date of entrance on active duty (current tour) or the day prior to the second anniversary of his 2LT DOR. b. The advisory official noted his 1LT DOR should have been 23 May 2015. c. Title 10, United States 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 28 January 2016, which is his DOR. d. The reason for the delay in appointment by the Secretary of Defense was due to an initial systems error that did not recognize his basic date of original appointment, or his entry on active duty date correctly. e. Although his effective promotion date cannot be earlier than 28 January 2016, per United States Code, Section 624, the advisory official recommended his DOR be retroactive to his promotion eligibility date of 23 May 2015. Doing this would not violate law, but would enable the applicant to have seniority on the active duty list. 4. The applicant was provided a copy of this advisory opinion; however, he did not respond. REFERENCES: 1. Army Regulation 600-8-29 prescribes policies and procedures for officer promotions. Promotion eligibility is determined by the Army G-1 and approved by the Secretary of the Army (SA). 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. 2. Title 10, United States 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. 3. Executive Order 12396 (Defense Officer Personnel Management), delegated certain functions concerning the appointment, promotion, and retirement of commissioned officers of the Armed Forces, by the authority vested in the President of the United States. The Secretary of Defense is designated to perform, without approval, ratification, or other action by the President, several functions vested in the President, including the authority vested in the President by Section 624(c) of Title 10 of the United States Code, to appoint officers in the grades of 1LT and CPT in the Army, Air Force, and Marine Corps or in the grades of lieutenant (junior grade) and lieutenant in the Navy. DISCUSSION: 1. The governing 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 providing an officer meets all promotion eligibility criteria. In the applicant's case, the earlier date was the first option: 23 May 2015. His promotion, however, occurred about 8 months late due to a systems administrative delay. 2. The effective date of promotion is established under the authority of the President of the United States and further delegated to the Secretary of Defense. This Board does not have the authority to change that date. The administrative delay in his promotion to 1LT, however, was due to no fault of his. As such, and as a matter of equity, it would be appropriate to correct his DOR (not his effective DOR) to 23 May 2015. His effective DOR will remain 28 January 2016, the date it was signed by the President?s designee. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005599 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005599 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2