ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170016062 APPLICANT REQUESTS: correction of her date of rank (DOR) from second lieutenant (2LT) to first lieutenant (1LT) from 1 May 2015 to 1 April 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Officer Records Brief (ORB) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, her DOR to 1LT should show as 1 April 2015 not 1 May 2015. Her time in service as of 1 April 2015 was 18 months of active duty service. Officers must have at least 18 months’ time in grade (TIG) to be promoted to 1LT and 2 years TIG to be promoted to captain (CPT). This change in promotion affected her DOR determining her date for promotion to CPT, moving it from 1 October 2017 to 1 November 2017. According to Army Regulation (AR) 600-8-29, if there is a delay in promotion, the promotion approval authority should adjust the DOR. In April 2015, the Secretary of Defense at the time (Secretary Carter) did not release a promotion list for 1LT for the month of April. It was not until 18 May 2015 that the promotion list for May was released that 1LT's were included. This drastically changed her promotion timeline. 3. The applicant provides her ORB, dated 27 September 2017, which reflects her DOR for: * 2LT as 28 July 2013 * 1LT as 1 May 2015 4. A review of the applicant’s service record reveals: a. She enlisted in the United States Army Reserve (USAR) on 6 September 2006. b. She was appointed as a Regular Army (RA) commissioned officer in the Army and executed an oath of office on 1 October 2013. c. She served in a variety of stateside assignments and was promoted to CPT on 1 November 2017. d. Orders number 138-117, reflect that she was promoted to 1LT on 1 May 2015. e. Orders number 279-047, reflect that she was promoted to CPT on 1 November 2017. 5. In the processing of this case, the HRC Chief, Officer Promotions Board Announcements, Support and Promotion Orders reviewed the applicant's case and rendered an advisory opinion on 25 March 2019. The HRC Chief, Officer Promotions Board Announcements, Support and Promotion Orders opined: a. Based on a review of the information provided, our records and the systems available to HRC Officer Promotions, we find that the applicant’s request to adjust her 1LT DOR does have merit. b. Department of Defense policies and the law requires the Army to certify that all officers submitted for promotion meet the exemplary conduct provisions of U.S.C. (Armed Forces) Title 10, § 3583. In order for the Secretary of the Army, or his designated representative, to certify exemplary conduct, he or she must be apprised of any adverse information contained in the official files maintained by the United States Army Criminal Investigation Command (CID), the Department of the Army Inspector General (DAIG) and the Army Military Human Resource Records (AMHRR). c. This Post Board or Selection Screening review process may have been the sole reason for her 1LT, 1 April 2015 DOR delay. She was not denied appointment to 1LT by the Secretary of the Army or Secretary of Defense. Therefore in fairness, we recommend that she be granted full relief and receive her correct 1LT date of rank and effective date of 1 April 2015. Pursuant to 10 USC, §741 based under an "unusual delay" as it should apply (unless proven otherwise ineligible). If approved it may also lead to an earlier adjustment to her current CPT effective date and date of rank. 6. On 3 April 2019, the applicant was provided with a copy of this advisory opinion to give her an opportunity to submit a response and/or a rebuttal. She did not respond. 7. By regulation AR 600-8-29, when a delay in promotion is ended, the promotion approval authority will determine if the officer was in fact unqualified for promotion during all or part of the delay and will adjust them DOR and effective date of promotion accordingly. 8. The active date of rank (ADOR) of an officer receiving an original appointment as an RA commissioned officer, other than as stated is the date the appointment is accepted. 9. The Promotion Eligibility Date (PED) will be computed according to the rules given in table 3–1. The earlier of the following dates will be the PED to 1LT: a. Eighteen months of active duty service as a 2LT on the ADL. If the officer’s source of commission is the Reserve Officers’ Training Corps (ROTC), active duty service commences on the year, month, and day the officer enters active duty based on the computation of travel per the Joint Federal Travel Regulation (JFTR). An exception to this will be an ROTC graduate who is appointed and enters active duty in the month of May or June of the same year. His or her PED will be eighteen month from of the United State Military Academy (USMA) graduation of the year the officer entered active duty. b. The day before the second anniversary of the 2LT ADOR BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The Board determined the applicant should be granted relief in changing her 1LT Date of Rank from 1 May 2015 to 1 April 2015 based on an advisory from HRC recommending approval of the change. 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 her records to reflect her 1LT date of rank (DOR) as 1 April 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600–8–29 (Personnel—General – Officer Promotions), prescribes the officer promotion function of the military personnel system. It is linked to AR 600–8 and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support officer promotions. This regulation supports the objectives of the Army’s officer promotion system, which include filling authorized spaces with the best qualified officers. It also provides for career progression based upon recognition of an officer’s potential to serve in positions of increased responsibility. Additionally, it precludes promoting the officer who is not eligible or becomes disqualified, thus providing an equitable system for all officers. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170016062 4 1