ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 March 2019 DOCKET NUMBER: AR20170002810 APPLICANT REQUESTS: change his date of rank (DOR). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * appointment as reserve officer * email exchange regarding promotion to First Lieutenant (1LT) * Department of the Army memorandum time in grade (TIG) for promotion to 1LT * Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer other than General Officers FACTS: 1. The applicant states: * his eligible date of rank for 1LT was supposed to be November 2015 * he was in the New Hampshire Army National Guard (ARNG) * he brought up the issue of promotion with his unit S1 * he was trying to transfer to the US Army Reserves (USAR) during this time * he asked if his transition to the USAR would affect his date of rank (DOR) for promotion * he brought the issue up with several echelons in the ARNG and USAR * he was told his rank would be back dated to when he was first eligible for promotion * after about a year he received his promotion orders * his effective DOR is a year and 2 months behind where it should have been * this means he would lose almost a year for his TIG requirements to apply for Captain * no one provided accurate information about the promotion * he will lose approximately 13 months TIG because of this issue 2. The applicant was commissioned in the ARNG on 10 May 2014 as a Second Lieutenant (2LT). He completed his Basic Officer Leader Course (BOLC) on 18 November 2015. He had 18 months TIG on 9 November 2015. 3. Department of the Army, Office of the Assistant Secretary Manpower and Reserve Affairs memorandum Subject: Reduction in the Time in Grade (TIG) Requirement for promotion of Reserve Component Officers to First Lieutenant, dated 19 August 2008 states 2LTs can be promoted to 1LT with a minimum of 18 months TIG and completion of the BOLC. The applicant was eligible to be promoted on 9 November 2015. 4. The applicant provides email exchanges with a multitude of people discussing his promotion to 1LT. The evidence shows, the New Hampshire ARNG began the process of preparing the paperwork for the applicant to be promoted; however it did not get processed before the applicant transferred to the USAR on 31 May 2016. The USAR processed the applicant for promotion and he was promoted with an effective date of 23 January 2017. 5. In the processing of this case, an advisory opinion was obtained on 12 July 2018, from the Chief, Reserve Officer Promotions, US Army Human Resources Command (HRC). The advisory official noted and opined: a. The applicant's request to back date his DOR to 1LT to 9 November 2015 has merit in part. However, HRC does not have the authority to change officer's DOR to a date prior to the date the scroll was signed by the Secretary of Defense on 23 January 2017. b. The applicant should have been placed on a scroll to 1LT with and effective DOR of 9 November 2015. Due to no fault of his own, he was not promoted to 1LT at his 18 month TIG in the ARNG. He was transferred to the USAR as a 2LT on 30 May 2016 and was placed on the 1LT scroll. c. The advisory official recommended the applicant's DOR be retroactive to his promotion eligibility date of 9 November 2015. 6. The applicant was provided a copy of this advisory opinion on 19 July 2018, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 7. The ABCMR may correct an officer’s date of rank/effective date of rank when a proper appointment has already occurred. a. 10 USC 624 and 741 provide for situations in which properly appointed officers are provided "backdated" dates of rank and effective dates to remedy errors or inequities affecting their promotion. The authority to remedy these errors or inequities is given to the Service Secretaries. b. DODI 1310.01 (23 August 2013) provides that a Service Secretary may "adjust the date of rank of an officer…appointed to a higher grade...if the appointment of that officer to the higher grade is delayed by unusual circumstances." c. What constitutes “unusual circumstances” will, generally, be for the Board to determine based on the available evidence, which often includes an advisory opinion. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and the advisory opinion were carefully considered. The Board agreed the applicant’s DOR should be adjusted in accordance with the HRC advisory opinion. BOARD VOTE: Member 1 Member 2 Member 3 : X :X :X Full Grant : : : Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation of relief. As a result, the Board recommends that all Department of the Army records of the individual concern be corrected by showing his date of rank upon promotion to 1LT as 9 November 2015. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES 1. Army Regulation 135-155 (ARNG and Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officer of both the ARNG of the United States and the USAR, and warrant officers of the USAR. a. Paragraph 4-6 states an ANGUS officer with honorable service who is transferred to the USAR may be transferred in grade to the USAR (Title 10, U.S. Code, section 12213(a)). b. Paragraph 4-16 states a qualified 2LT will not be promoted before the date of completion of 2 years of promotion service. Promotion service of ROTC graduates who accept appointment in May or June of any year is computed from the date of graduation of cadets of the United States Military Academy for that year. 2. Department of the Army, Office of the Assistant Secretary Manpower and Reserve Affairs memorandum Subject: Reduction in the Time in Grade (TIG) Requirement for promotion of Reserve Component Officers to First Lieutenant, dated 19 August 2008 states, this memorandum established Department of the Army policy authorizing Reserve Component second lieutenants on the reserve active-status list to be promoted with a minimum of 18 months TIG and completion of the basic Officer Leadership Course, if otherwise qualified. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170002810 4