ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20170002246 APPLICANT REQUESTS: in effect, correction of his first lieutenant (1LT) date of rank (DOR) to 11 March 2016 with back pay and allowances. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Memorandum, National Guard Bureau (NGB), dated 28 January 2016, subject: Promotion as a Reserve Commissioned Officer of the Army * DA Form 71 (Oath of Office), dated 11 March 2016 REFERENCES: 1. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the U.S. Army Reserve, and warrant officers of the U.S. Army Reserve. Table 2-1 (Time in Grade Requirements Commissioned Officers, Other than Commissioned Warrant Officers) shows the time in grade for promotion of a second lieutenant (2LT) to 1LT is a minimum of 2 years. 2. Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the Active Duty List. a. Paragraph 1-10 (Promotion Eligibility) states officers must have at least 18 months of time in grade to be promoted to 1LT and 2 years of time in grade to be promoted to captain. a. Paragraph 1-38 (Active DOR Responsibilities) states the active DOR is used to determine the eligibility of officers on the Active Duty List for promotion. b. Paragraph 2-1 (Rules for Determining Active DOR for 2LTs Being Placed on the Active Duty List) states the active DOR of an officer receiving an original appointment 1 as an Regular Army commissioned officer is the date the appointment is accepted unless the appointee was a Reserve officer. The active DOR is determined according to paragraph 1-38 of this regulation. c. Paragraph 3-2 (Rules for Computing Promotion Eligibility Date to 1LT) states the promotion eligibility date will be computed as the earliest 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 DOR. d. Chapter 7 (Special Selection Boards (SSBs)) states SSBs are governed by the same instructions provided to the boards that considered or should have considered an officer for promotion. SSBs may be convened to consider commissioned officers for promotion when Headquarters, Department of the Army, discovers an officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error. 3. Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army) prescribes policy, eligibility requirements, and administrative procedures for the appointment of commissioned and warrant officers in the Regular Army. Paragraph 2-4 (Determination of Appointment Grade) states commissioned officers will be appointed in the Regular Army in the same grade they held on the Active Duty List immediately before the appointment. FACTS: 1. The applicant states he was promoted to 1LT by the Hawaii Army National Guard in January 2016. Upon receiving his orders to active duty in the Regular Army, he was told the promotion was not valid. He was told that he needed to be scroll-approved for 1LT in the Regular Army. He was not scroll-approved for Regular Army 1LT upon his Regular Army appointment date. 2. He was appointed as a Reserve commissioned officer in the rank/grade of 2LT/O-1 on 20 December 2013 and executed the oath of office. 3. NGB memorandum, dated 28 January 2016, states he was promoted to the rank/grade of 1LT/O-2 in the Reserve of the Army National Guard of the United States with an effective date of 20 December 2015. 4. NGB Special Orders Number 19, dated 28 January 2016, shows he was extended Federal recognition in the rank/grade of 1LT/O-2 effective 20 December 2015. 5. On 11 March 2016, he was appointed as a commissioned officer in the Regular Army in the rank/grade of 2LT/O-1 and executed the oath of office. 6. U.S. Army Human Resources Command (HRC) Orders Number 335-001, dated 30 November 2016, show his active DOR for 1LT was determined as 20 December 2015. 7. HRC Order Number 158-001, dated 7 June 2017, amended Orders Number 335-001 to show his active DOR as 20 December 2013. 8. HRC Order Number 172-711, dated 21 June 2017, promoted him to the rank/grade of 1LT/O-2 with an effective date and DOR of 10 March 2016. 9. HRC Order Number 222-801, dated 10 August 2018, promoted him to the rank/grade of captain/O-3 with an effective date and DOR of 1 June 2018. 10. On 9 March 2019, he was honorably released from active duty by reason of completion of required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years and 1 day of net active service during this period. 11. On 23 October 2019, HRC Officer Promotions rendered an advisory opinion stating: a. Based on a review of the information provided, their records, and the systems available to HRC Officer Promotions, they found the applicant's request to adjust his 1LT DOR does have merit. b. It appears that he was not properly accessed onto the Reserve Active Status List as a 1LT with a DOR and effective date of 11 March 2016 as he should have been, per his approved Federal recognition orders, dated 28 January 2016. c. Therefore, in fairness, HRC recommends granting full relief. However, if it is the ABCMR's decision to direct HRC Officer Promotions instead of HRC Accessions to adjust his 1LT DOR, it must first be met with an approved de facto Oath of Office (DA Form 71) and assessment appointment, appointing him as a Reserve commissioned officer in the rank of 1LT effective 11 March 2016. 12. On 30 October 2019, the Army Review Boards Agency Case Management Division provided the applicant a copy of the HRC advisory opinion to allow him the opportunity to submit comments. However, the U.S. Postal Service returned the letter as they were unable to forward the letter to the applicant's new address. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his entry into the ARNG and promotion to 1LT, his accession into the regular Army and his subsequent promotion to 1LT. The Board considered the review and recommendation of the Human Resources Command advising official and found sufficient evidence of an error in the applicant’s accession into the Reserve Active Status List. The Board concurred with the recommendation of the advising official. Based on a preponderance of evidence, the Board determined that the applicant’s DOR for 1LT should be corrected due to an error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending the orders that accessed him onto the Reserve Active Status List to reflect a 1LT effective date and date of rank as 11 March 2016. 10/7/2020 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. //NOTHING FOLLOWS//