ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20170008509 APPLICANT REQUESTS: date of rank as a Lieutenant Colonel (LTC)/ O-5 be corrected from 15 July 2016 to 2 October 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders B-11-605184, (Promotion Order) * Memorandum from US Army Reserve Command G-1 to the United States Representative reference applicant’s promotion date * Letter from House of Representative to Chief Congressional Unit, reference applicant’s promotion date FACTS: 1. The applicant states that her promotion date to LTC should be corrected to reflect 2 October 2015 instead of 15 July 2016. She states that at the time of her promotion, she was flagged and the flag was subsequently lifted by HRC. 2. A review of the applicant’s service records indicates the following: a. 29 June 1999 –appointed as a Reserve Commissioned Officer of the Army as a Chaplain in the grade of First Lieutenant b. 12 June 2015 – two time Passover for LTC and was eligible for separation pay c. 24 June 2015 – applicant signed her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflective of her completion of required active service in the rank of Major with a separation date of 31 August 2015 d. 8 July 2015 – applicant received a DD Form 215 (Correction to DD Form 214), dated 31 August 2015, correcting her separation authority and separation code and correcting her narrative reason for separation to reflect non-selection, permanent promotion e. 5 August 2015 – screened for FY16 Lieutenant Colonel Chaplain promotion board f. 22 March 2016 – recommended for promotion on the FY16 Lieutenant Colonel Chaplain list g. 23 March 2016 – placed on hold due to an “02” skip code related to her security clearance h. 9 November 2016 – orders issued promoting applicant to LTC with a date of rank of 15 July 2016 (skip code removal date) i. 1 January 2017- applicant was placed on the retired list in the retired grade of LTC 3. The applicant provides: a. Orders B-11-605184 (Promotion Order), dated 9 November 2016, reflecting her promotion to LTC with an effective date of 15 July 2016. b. Memorandum from US Army Reserve Command to the United States House of Representative, dated 9 February 2017, responding to the applicant’s formal request to back date her LTC promotion. It states: * At the time of selection, the applicant was under Suspension of Favorable Personnel Action which precluded favorable personnel actions such as promotions until the issue causing the Flag was resolved. The flag was lifted on 15 July 2016. On 9 November 2016, the Human Resources Command (HRC) issued a promotion order with an erroneous effective date of 15 July 2016 when in fact it should have been 20 October 2015, the date she was assigned to a LTC position. * Because the applicant transferred to the Retired Reserve and had reached her mandatory removal date on 31 December 2016; HRC no longer had the authority to change the effective date of rank. She was instructed to contact Army Review Boards Agency for assistance in this matter. c. Letter from House of Representative to the Army Review Boards Agency Chief, Congressional Unit, dated 25 June 2017, regarding status of the applicant’s request for correction of her date of rank to LTC. 4. Army Regulation 600-8-29 (Officer Promotions) Chapter 1-21 (Date of rank and effective date of promotion after a delay) in effect states when an officer's promotion suspension is ended favorably and he or she is exonerated of any wrongdoing, or a determination is otherwise made that the officer was qualified for promotion during the entire period of delay, the officer will be promoted with the active date of rank (ADOR), effective date (for pay and allowances), and position on the active duty list (ADL) he or she would have received had there been no delay. BOARD DISCUSSION: 1. The Board considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, her non-selection for promotion to LTC and the removal of the flag that prevented her promotion. The Board considered the HRC orders promoting her to LTC and the memorandum from the USARC G1 providing a revised date of promotion based on her assignment to an authorized position. The Board reviewed the entries in personnel records and the HRC recommendation for the applicant to apply to this Board. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s records was appropriate. 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 to reflect: - Amendment of Orders B-11-605184 (Promotion Order), dated 9 November 2016 to show the effective date of the applicant’s promotion to LTC as 20 October 2015, and; - Payment of any pay and allowance due as a result of this correction. 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. REFERENCE: Army Regulation 600-8-29 (Officer Promotions) Chapter 1-21 (Date of rank and effective date of promotion after a delay) in effect states when an officer's promotion suspension is ended favorably and he or she is exonerated of any wrongdoing, or a determination is otherwise made that the officer was qualified for promotion during the entire period of delay, the officer will be promoted with the active date of rank (ADOR), effective date (for pay and allowances), and position on the active duty list (ADL) he or she would have received had there been no delay. ABCMR Record of Proceedings (cont) AR201700085095 4 1