ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2019 DOCKET NUMBER: AR20170003627 APPLICANT REQUESTS: reconsideration of her earlier request to change her date of rank to 1 July 2004 from 15 July 2009. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150013843 on 26 February 2016. 2. The applicant states that she was promoted to CPT on July 1, 2004 while serving on active duty. She did a lateral transfer from Regular Army to the United States Public Health Service (USPHS) without a break in service. She served in the USPHS from 2004-2007, and returned to the Army Reserve on July 15, 2009. The error occurred at that time when someone placed her entry date to the Reserve on July 15, 2009 as her promotion date to CPT. She contacted ARBA regarding the error and was informed that she had to contact the Special Selection Board for reconsideration. She contacted the Special Selection Board and submitted the supporting documents promotion orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), and transfer orders to show her correct date of rank. Her case was reviewed and reconsidered by the Special Selection Board as of 2 February 2016. The Special Selection Board informed her that she had to contact the ABCMR in order to correct her date of rank since they are unable to do it. 3. A review of the applicant’s service record shows the following: a. The applicant was commissioned as a second lieutenant in the U.S Army Reserve (USAR) on 8 April 2000. b. The applicant received an undated notification of non-selection for promotion that indicates that she was considered but was not among those selected for promotion by the board. c. Orders 168-045, dated 16 June 2004, promotes the applicant to captain (CPT)/O-3 with an effective date of rank (DOR) of 1 July 2004 and effective date of 1 July 2004. d, Orders 204-10, dated 22 July 2004, released the applicant from active duty and vacates her commission in the USAR and US Army with an effective date of 31 July 2004. Her DD Form 214 discharges the applicant from active duty for intra-departmental transfer on 31 July 2004 showing an effective pay grade date of 1 July 2004 at the rank of CPT/O-3. e. A memorandum, dated 7 July 2009, appoints the applicant to the USAR as a commissioned officer to the rank of CPT/O-3. f. Her DD Form 214 shows that she was released from active duty on 19 November 2012 for completion of required active service with effective pay grade date of 22 December 2005 at the rank of CPT/O-3. g. Her DD Form 214 shows that she was released from active duty on 10 March 2015 with an effective date of pay of 9 July 2014 at the rank of major/O-4. h. An email, dated 28 February 2017, from Department of the Army promotions states that the office cannot grant her a special selection board as they do not adjust DOR and can’t make that determination for her. The only office that can correct the errors within her records at this point would be the ABCMR. i. An advisory opinion, dated 26 December 2018, states that review of their records, the information provided and of the systems available to HRC, they find that MAJ X___ request to adjust her accessed Captain (CPT) DOR by HRC's Promotion Branch does not have merit. They recommend that that she clarify her service status from 2007 to 2009 prior to her return back on the status list before directing this request to the accessions branch. They also recommend that the applicant be reconsidered for promotion (unless proven otherwise ineligible) under the criteria of the FY12 (and 13 if not selected) RC, MAJ AMEDD, AN, NON AGR PSB by a Special Selection Board. There is no proof on record that she was previously notified of her non selections which would have allowed her an opportunity to review or adjust her records accordingly, the one letter on file is undated. The applicant was sent an Ex-parte letter, dated 4 January 2019 with the option to respond and no response from the applicant is recorded. 4. By law (Title 10, U.S. Code, section 14308(f) (Effective date of promotion after Federal Recognition), the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended. 5. Scrolling is a function of the Secretary of Defense and it is not within the purview of this Board. All military officer appointments under Title 10, U.S. Code, section 12203, in the Reserve of the Army not previously approved by 30 June 2005, including original appointments, shall also be submitted to the Secretary of Defense. The scroll is issued monthly. Scrolls take about 90 to 120 days to be approved by the Secretary of Defense due to the fact that the lists are processed through multiple offices before being approved by the Secretary of Defense. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. The advisory official noted her request for relief has no merit and provided the basis for their determination. The applicant had the opportunity to rebut the advisory; however, she did not respond. Based upon the preponderance of evidence, the Board agreed the applicant’s constructive service credit was appropriately completed on the DA Form 5074-1-R, and do not recommend amending the previous Board’s decision. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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 to amend the decision of the ABCMR set forth in Docket Number AR20150013843 on 26 February 2016. 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. REFERENCES: 1. By regulation, Title 10, section 14308(f) (Effective date of promotion after Federal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended. 2. Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004. In this Executive Order, the White House has delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further sub-delegation authorized. On 1 July 2005, the directive was issued that all officers appointed into the USAR must be on a "scroll" approved and signed by the Secretary of Defense before an Oath of Office can be initiated. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003627 0 3 1