BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160012124 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 BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160012124 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 issuing orders amending her first lieutenant date of rank to 19 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 that pertains to the effective date of promotion to first lieutenant (for pay and allowances). ___________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. BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160012124 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 her records to show she was promoted to first lieutenant (1LT)/pay grade O-2 on her promotion eligibility date (PED) of 19 May 2015 instead of 2 June 2016. 2. The applicant states she was appointed as a Reserve commissioned officer, in the rank of second lieutenant (2LT)/pay grade O-1E (i.e., with 4 years enlisted service), on 20 May 2013, and entered active duty on 18 March 2015. The Army regulatory policy for 1LT promotion eligibility shows the service requirement is 18 months from entrance on active duty or 24 months minus one day from the date of commissioning, whichever comes first. 3. The applicant provides a copy of a DA Form 71 (Oath of Office), dated 20 May 2013. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted as a cadet in the U.S. Army Reserve on 28 August 2009 for a period of 8 years. 2. U.S Army Cadet Command, Boston University, Boston, MA, memorandum, dated 20 May 2013, appointed the applicant as a Reserve commissioned officer of the Army, in the rank of 2LT (Medical Service (MS) Corps), on 20 May 2013. A DA Form 71 shows she executed the oath of office on 20 May 2013. 3. Headquarters, U.S. Army (USA) Human Resources Command (HRC), Fort Knox, KY, Order Number 69-2-A-216, dated 25 November 2014, appointed the applicant in the Regular Army (RA), in the rank of 2LT (MS). A DA Form 71 shows she executed the oath of office on 18 March 2015 in the Regular Army. 4. Headquarters, USA HRC, Fort Knox, KY, Orders A-01-500522, dated 22 January 2015, ordered the applicant to active duty in an indefinite status on 18 March 2015 in the rank of 2LT. 5. Headquarters, USA HRC, Fort Knox, KY, Order Number 209-005, dated 27 July 2016, promoted the applicant to 1LT (O-2E), effective and with an date of rank (DOR) of 2 June 2016. 6. In the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions, Special Actions, USA HRC, Fort Knox, KY. a. The advisory official stated that based on a review of USA HRC records, data systems, and the information provided, the applicant's request for adjustment of her 1LT DOR to 19 May 2015 has merit. b. An additional review and calculation of service clarified that, in her case, she could have been promoted to 1LT with a DOR of 19 May 2015 (unless proven otherwise ineligible). c. The advisory official noted the delay in the applicant's appointment may have been caused by incorrect personnel and service data entered into USA HRC systems; an initial administrative or systems error that did not correctly calculate or recognize her as eligible for scroll appointment, approval, and promotion; and/or the Screening Requirement for Adverse and Reportable Information for Promotion and Federal Recognition to Colonel and below, as directed by the Deputy Chief of Staff/G-1, Standard Operating Procedures. d. He advised that, per Title 10, U.S. Code, section 624(c) (10 USC 624(c)), the effective DOR cannot be earlier than 2 June 2016 (the scroll approval date). Accordingly, USA HRC recommends the applicant's DOR be corrected to her Reserve PED of 19 May 2015. e. The advisory official states the recommendation would not violate 10 USC 624(c) and allows the applicant seniority on the active duty list (ADL) per Army Regulation 600-8-29 (Officer Promotions) and 10 USC 741. 7. On 27 September 2016, the applicant was provided a copy of the advisory opinion to allow her the opportunity to submit comments or a rebuttal. On that same date, she acknowledged receipt of the advisory opinion, stated she had no comments, and that she would supply any additional information/documents to support continuation of the administrative process. REFERENCES: 1. 10 USC 531 (Original appointments of commissioned officers), paragraph a(1), shows, in pertinent part, original appointments in the grades of 2LT, 1LT, and captain in the RA shall be made by the President alone. 2. 10 USC 624 (Promotions: how made), paragraph a(2), in pertinent part, shows officers to be promoted to the grade of 1LT shall be promoted in accordance with regulations prescribed by the Secretary concerned. 3. Executive Order 13384, dated 27 July 2005 (Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces), section 1, shows that the Secretary of Defense shall perform the functions of the President under the following provisions of Title 10, USC: subsection 531(a)(1) and the second sentence of subsection 571(b). 4. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) applies to commissioned officers of the Army National Guard of the United States and the U.S. Army Reserve on the Reserve Active-Status List, and to Reserve warrant officers who are in an active status. Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (Time in grade requirements for commissioned officers), shows the minimum time in grade requirement for promotion from 2LT to 1LT is 2 years. 5. Army Regulation 600-8-29 prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the ADL. Chapter 3 (Managing Promotions to 1LT and Chief Warrant Officer Two), paragraph 3-1 (Rules for computing PED to 1LT), shows the PED will be computed according to the rules given in Table 3-1. The PED to 1LT is 18 months of active duty service as a 2LT on the ADL. DISCUSSION: 1. The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of 2LT, on 20 May 2013. As such, her 1LT PED was 19 May 2015. a. She was appointed in the RA and entered active duty, in the rank of 2LT, on 18 March 2015. b. The applicant was eligible for promotion and she met the requirements for promotion to 1LT on her PED of 19 May 2015. c. Orders promoted her to 1LT, effective and with a DOR of 2 June 2016. 2. The evidence of record shows her promotion to 1LT was delayed as a result of data errors related to pertinent service dates, screening requirements, and the promotion scroll process; however, it was not due to the fault of the applicant. 3. The effective date for promotion to 1LT cannot be modified because that would effectively amend the Secretary of Defense's action, which is beyond the authority of the USA HRC and the Army Board for Correction of Military Records. 4. The Board may recommend correction of the applicant's records to show she was promoted to 1LT in the RA with a DOR of 19 May 2015. However, in this case, this correction would not extend to the effective date of the applicant's promotion to 1LT, which would remain 2 June 2016. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2