BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160013029 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 BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160013029 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 and Army National Guard records of the individual concerned be corrected by: a. extending him Federal recognition for appointment as a first lieutenant in the Utah Army National Guard effective 28 October 2013 and adjusting his date of rank to account for his prior commissioned officer service; b.  adjusting his promotion eligibility date based on the 1LT adjusted date of rank following extension of Federal recognition with the correct date of rank; c.  establishing the earliest promotion board to captain that could have considered him for promotion and submitting his name before one or more special selection board(s) for promotion consideration to captain; and d. if selected for promotion, issuing him appropriate promotion orders with entitlement to back 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: 18 July 2017 DOCKET NUMBER: AR20160013029 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 promotion eligibility date (PED) to captain (CPT) in the U.S. Army Reserve (USAR). 2.  The applicant states his PED to CPT needs to change. He joined the Army in 1995 as an enlisted Soldier. He was commissioned in the USAR in 2003 and he was promoted to first lieutenant (1LT) in April 2005. He left the USAR in 2007. He then joined the Utah Army National Guard (UTARNG) in 2013. He separated from the ARNG in January 2015 and transferred to the USAR. According to Army Regulation (AR) 135-155 (Army National Guard and Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other than General Officers), he feels he should be promoted to CPT at the earliest opportunity because he has sufficient time as a 1LT. When he checked his Army Knowledge Online (AKO) page, his records show he is ineligible for promotion until 2018, which is clearly not the case. 3.  The applicant provides: * 2003 Duty appointment memorandum * 2005 1LT promotion orders * 2015 National Guard Bureau (NGB) Special Orders Number 17 AR (Federal recognition withdrawal) CONSIDERATION OF EVIDENCE: 1.  Having prior enlisted service in the USAR, the applicant was appointed as a Reserve commissioned officer and executed an oath of office on 25 April 2003. He completed the Army Medical Department Officer Basic Course. 2.  On 3 May 2005, the U.S. Army Human Resources Command (HRC) published orders promoting him to 1LT with an effective date and a date of rank of 24 April 2005. 3.  He entered active duty on 23 March 2005 as a member of the USAR and subsequently served in Kuwait/Iraq from June 2005 to June 2006. He was honorably released from active duty on 6 July 2006. 4.  He was honorably discharged from the USAR in the rank of 1LT on 12 November 2007 under the provisions of AR 135-175 (Army National Guard and Army Reserve – Officer Separations). 5.  After a break in service, he was appointed a Reserve commissioned officer of the UTARNG in the rank of 1LT and executed an oath of office on 28 October 2013. However, NGB never extended him Federal recognition. 6.  He resigned his ARNG commission and he was honorably separated from the ARNG in the rank of 1LT on 12 January 2015. He was transferred to the USAR Control Group (Reinforcement). 7.  On 21 January 2015, NGB issued Special Orders Number 17 AR withdrawing his Federal recognition effective 12 January 2015. 8.  On 5 June 2015, HRC published orders transferring him from the USAR Control Group (Reinforcement) to a USAR troop program unit (TPU), the 328th Combat Support Hospital, Salt Lake City, UT, effective 5 June 2015. 9.  HRC reviewed the applicant's records and provided an advisory opinion on 22 September 2016. The Chief, Officer Promotions Special Actions, stated: a.  Based on a review of the records, system(s), and the information provided, HRC finds the applicant's current 28 October 2013 date of rank and his projected maximum promotion eligibility date of 27 October 2018 per Title 10, U.S. Code, section 14304 (unless proven otherwise ineligible). The applicant may be promoted with an earlier date of rank before reaching the maximum promotion eligibility date, provided he is assigned to an equivalent promotion selection or higher-graded position before reaching this date (not all inclusive). HRC recommends the applicant and his local personnel administrative center become familiar with chapter 4 of AR 135-155 as it relates to dates of promotion. b.  Currently the applicant is not a promotable officer and has not been eligible for consideration for promotion by any boards as of his return to the Reserve Active Status List (RASL). In addition, HRC did not see an approved Federal recognition for appointment in his Army Military Human Resource Record(s) (AMHRR) for appointment to the RASL, a required document for promotion consideration. (The applicant's Federal recognition was withdrawn in 2015 and that document is filed in his AMHRR.) c.  As a courtesy, HRC requested assistance from NGB for a copy of the applicant's approved Federal recognition. When and if received, it will be further reviewed for possible date of rank adjustment and promotion consideration by a special selection board. (If he has the document on hand, HRC implores him to furnish a copy to his personnel center for placement in his AMHRR and to inform HRC directly when the action is complete.) 10.  The applicant was provided a copy of this advisory opinion to give him an opportunity to provide the necessary documents and/or a rebuttal. He did not respond. 11.  The analyst of record contacted the UTARNG and the Federal recognition section of NGB. Both offices indicated the Federal recognition orders were being worked but, to date, this action has not been accomplished. REFERENCES: 1.  Title 10, U.S. Code, section 14304 (Eligibility for Consideration for Promotion: Maximum Years of Service in Grade), subparagraph (a) (Consideration for Promotion Within Specified Times), states an officer described in paragraph (3) shall be placed in the promotion zone for that officer's grade and competitive category, and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title far enough in advance of completing the years of service in grade specified in the following table so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. For promotion consideration to CPT, the maximum years of service in the grade of 1LT is 5 years. 2.  AR 135-155 provides policy for selecting and promoting commissioned officers of both the ARNG and USAR and covers promotion eligibility and qualification requirements. a.  Paragraph 2-2 (Service Computation) states service requirements listed in Tables 2-1 and 2-3 will be computed according to the following: for commissioned officers, CPT and above requires a minimum number of years time in grade. If an officer received service credit for prior commissioned service and/or constructive service credit on appointment, the officer's date of rank should be determined under AR 135-100 (Army National Guard and Army Reserve – Appointment of Commissioned and Warrant Officers of the Army) and therefore controls the computation of the officer's time in grade. b.  Paragraph 2-4 states commissioned officers in the grade of 1LT or above who received entry-grade credit at the time of their most recent original appointment may be tendered a new original appointment in a higher grade. This will be coincident with placement on the RASL if the period of service so credited equals or exceeds the promotion phase point in that higher grade in their respective competitive category at the time they were placed on the RASL. c.  Paragraph 2-5 (Eligibility for Consideration) states to be eligible for consideration for promotion to the next higher grade, an ARNG or USAR officer must have continuously performed service on either the RASL or the Active Duty List (or a combination of both lists) during the 1-year period ending on the convening date of the promotion board, and must meet the time in grade requirements in Tables 2-1 or 2-3, as appropriate. d.  Paragraph 4-17 (Promotion Eligibility Date and Date of Rank) states the PED is the date the officer meets the eligibility for promotion to the next higher grade. The date of rank is the date the officer actually or constructively was appointed or promoted to the specific grade. It is the date used to determine the relative seniority for officers holding the same grade. An officer's date of rank is used to establish time in grade requirements to the next grade. e.  Table 2-1 (Time in Grade Requirements for Commissioned Officers) states for promotion consideration from 1LT, the minimum years in the lower grade is 2 years and the maximum years in the lower grade is 5 years. DISCUSSION: 1.  The applicant was appointed in the USAR on 25 April 2003 and he was promoted to 1LT in the USAR on 24 April 2005. He was discharged from the USAR on 12 November 2007. When he was discharged from the USAR, he had completed 2 years, 6 months, and 18 days of time in grade as a 1LT. 2.  After a break in service, he was appointed in the ARNG on 28 October 2013. However, he was never extended Federal recognition for this appointment. As such, his 1LT date of rank in the ARNG was never adjusted to account for prior USAR service in the rank of 1LT and, because of that, he did not qualify for promotion consideration to CPT while in the ARNG. 3.  He resigned and was discharged from the ARNG on 12 January 2015. He transferred to the USAR Control Group (Reinforcement). NGB issued an order to withdraw his Federal recognition despite the fact that he was never extended Federal recognition in the first place. 4.  He transferred to the USAR on 13 January 2015. Because the ARNG never adjusted his date of rank, once he was transferred to the USAR in January 2015, his date of rank to 1LT remained 28 October 2013 (the date he executed the oath of office in the ARNG). Based on his current 1LT date of rank, his promotion eligibility date to CPT is 27 October 2018 (5 years from the date of rank as a 1LT). 5.  There appears to be multiple errors in the processing of his ARNG appointment in 2013. These noted errors may be remedied as follows: a.  First, NGB should retroactively extend the applicant Federal recognition for appointment as a 1LT in the UTARNG with an effective date of 28 October 2013 and adjust his 1LT date of rank to account for his prior commissioned officer service in the USAR. b.  Second, following extension of Federal recognition to 1LT with the correct date of rank, HRC should adjust his CPT promotion eligibility date based on his adjusted date of rank to 1LT. c.  Third, based on the projected adjusted promotion eligibility date, HRC should establish the earliest promotion board to CPT that would have considered him for promotion and submit his name before one or more special selection board(s) for promotion consideration to CPT, and if he is selected for promotion, issue him the appropriate promotion order. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013029 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013029 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2