SAMR-RB 1 February 2018 MEMORANDUM FOR Commander, US Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY 40122-5100 SUBJECT: Army Board for Correction of Military Records Record of Proceedings AR20170001097 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 9 January 2018, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by a) amending her date of rank to second lieutenant to show 25 May 2015; and b) amending her date of rank to first lieutenant (1LT) to 25 November 2016 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 1 June 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the. Army (Review Boards) BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20170001097 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20170001097 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 9 January 2018 DOCKET NUMBER: AR20170001097 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) on an earlier date. 2. The applicant states she recently had her officer record brief (ORB) corrected to show an earlier DOR upon her appointment to second lieutenant (2LT). Her DOR changed from 14 July 2015 to 27 February 2015. She now needs orders cut saying she is eligible for a back-dated promotion to 1LT. She needs to be removed from the promotion scroll for January 2017 and added to the correct scroll. 3. The applicant provides: * DA Form 71 (Oath of Office – Military Personnel) * Orders 77-002, issued by Headquarters, U.S. Army Cadet Command on 18 March 2015 * DA Form 4037 (ORB), dated 13 December 2016 * Order Number 356-012, issued by Headquarters, U.S. Army Human Resources Command (HRC), Fort Knox, KY on 21 December 2016 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer of the Army on 27 February 2015. 2. Orders 77-002, issued by Headquarters, U.S. Army Cadet Command, Fort Knox, KY on 18 March 2015, ordered the applicant to active duty effective 25 May 2015. a. According to these orders, the Commander, U.S. Army Installation Command (IMCOM), would ensure the applicant executed a Regular Army (RA) Oath of Office upon her RA accession/arrival to Basic Officer Leader Course – Branch (BOLC). b. Effective on the date of entry on active duty, she was appointed in the Reserve grade of 2LT and placed on the active duty list (ADL) in the grade of 2LT. She received no constructive credit time for her DOR to 2LT. c. Her orders show she: * was accessed for the month of May 2015 * was ordered to active duty effective 25 May 2015 for a period of three years * would perform permissive temporary duty (PTDY) at Clemson University as a Gold Bar Recruiter from 25 May – 10 July 2015 * was to report to the BOLC-B on 14 July 2015 * would commence travel not earlier than 11 July 2015 * would report to her gaining command on 2 October 2015 3. The applicant's ORB, dated 13 December 2016, shows she entered active duty on 25 May 2015. 4. A DA Form 71, dated 14 July 2015, shows the applicant was appointed as a Regular Army commissioned officer on 14 July 2015. 5. A DA Form 1059 (Service School Academic Evaluation Report), dated 18 September 2015, shows the applicant attended BOLC-B as directed from 15 July 2015 through 18 September 2015. 6. Order Number 356-012, issued by HRC on 21 December 2016, shows the applicant was promoted to 1LT with an effective date and DOR of 14 January 2017. 7. In the processing of this case, an advisory opinion was obtained on 25 October 2017, from the Chief, Active Component/Reserve Component Board Support, Officer Promotions. This official stated the following: a. Based on a review of their records and the information provided, they find the applicant's request to adjust her DOR to 1LT does not have merit. She was previously a USAR 2LT with a DOR of 27 February 2015. She recently had her ORB updated to reflect this correct DOR. She now believes that her 1LT DOR should be adjusted based on the update of her 2LT DOR. b. Her ORB shows she entered active duty on 25 May 2015, executed her active duty oath of office on 14 July 2015, the day before she reported to the Basic Officer Leadership Course. Therefore, the earliest DOR she can receive is 14 January 2017; her current DOR. 8. The applicant was provided a copy of the advisory opinion on 4 November 2017, in order to allow her the opportunity to submit comments or a rebuttal. She did not respond. REFERENCES: Army Regulation 600-8-29 (Officer Promotions) provides for the managing of officer promotions. Table 3-1 states 2LTs who are graduates of ROTC are eligible for promotion to 1LT the earlier date between 18 months active Federal commissioned service, or the day prior to the 2nd anniversary of the 2LT DOR. DISCUSSION: 1. The applicant's active duty orders and ORB show she entered active duty as a 2LT on 25 May 2015. She received no constructive credit time when placed on the ADL, so her DOR to 2LT should show 25 May 2015. 2. In accordance with Army Regulation 600-8-29, she should have been promoted to 1LT on 25 November 2016, a date that was 18 months after she entered active duty. 3. A DA Form 71 within the applicant's record shows she was appointed a RA commissioned officer on 14 July 2015. 4. The applicant was promoted to 1LT with an effective date and DOR of 14 January 2017, a date that was 18 months after she executed her Oath of Office on 14 July 2015. 5. According to the HRC advisory opinion the applicant's 1LT DOR is correct since there is no record of her executing an Oath of Office on 25 May 2015. Therefore, the earliest DOR she could receive is 14 January 2017; 18 months after she executed her Oath of Office on 14 July 2015. 6. Notwithstanding the advisory opinion, regulatory guidance shows 2LTs are eligible for promotion to 1LT after completing 18 months of active Federal commissioned service. Her active duty orders and ORB show she entered active service on 25 May 2015. She performed Gold Star Recruiter duty upon entering active duty through when she began travel to BOLC-B. She completed 18 months of active Federal service on 25 November 2016. 7. The effective date of promotion is established under law by Title 10, U.S. Code and is approved by the SECDEF. This Board, acting under the authority of the Secretary of the Army, does not have the authority to change the effective date. However, for administrative purposes, such as time in grade for promotion consideration, this Board may adjust an officer's DOR. Such an adjustment does not affect the effective date of promotion for the purpose of pay and allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001097 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2