BOARD DATE: 14 April 2020 DOCKET NUMBER: AR20180005080 APPLICANT REQUESTS: Correction of her record to show her Date of Rank (DOR) for promotion to the rank/grade of first lieutenant (1LT)/O-2 was adjusted effective on 23 February 2017 when she entered active duty in the Regular Army (RA). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) Form 78 (Recommendation for Promotion to 1LT/CW2), dated 21 February 2017 * Promotion Orders * Special Orders (SO) Number 5, dated 4 January 2018 FACTS: 1. The applicant states she was pending Federal Recognition when she came on active duty. She met all of the standards for promotion and her current DOR puts her over the two year mark as a second lieutenant (2LT)/O-1. In accordance with all regulations, an officer is promoted at the two year mark (on or before) when all standards are met. She was active duty and had no break in service. 2. A review of the applicant’s official records show the following: a. On 23 August 2015, the applicant was appointed as a Reserve commissioned officer in the Illinois Army National Guard (ILARNG), in the rank of 2LT, and executed an oath of office. b. On 23 February 2017, SO Number 5, issued by the NGB, Federally recognized the applicant in the rank of 1LT, effective on 23 February 2017. c. On 24 September 2017, SO Number 198, issued by the NGB, withdrew the applicant’s Federal Recognition. She was a 2LT at the time. d. On 24 September 2017, the applicant was honorably released from the ARNG and transferred to the U.S. Army Reserve (Individual Ready Reserve). NGB Form 22 (Report of Separation and Record of Service) shows in item 5a (Rank) 2LT. e. On 25 September 2017, the applicant was appointed as a RA commissioned officer in the rank of 2LT, and executed an oath of office 3. The applicant provides: a. NGB Form 78 showing the applicant was recommended and approved for promotion to the rank of 1LT in the ILARNG. b. Promotion Orders published by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, promoting her to the rank of 1LT, effective on 26 September 2017. 4. On 5 March 2020, the NGB reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Special Actions Branch opined that: a. A review of the applicant’s records and supporting documents shows that she was promoted by the ILARNG in February 2017 at which time she was submitted for Federal Recognition. Prior to her Federal Recognition process being completed, she transitioned to the active component effective 26 September 2017. The RA promoted then 2LT B- upon her appointment on active duty. The ILARNG revoked her promotion orders effective 27 September 2017. Since the Federal Recognition process had been initiated, the NGB Federal Recognition Office could not rescind her orders until they were received back from the Secretary of Defense. Her orders were officially revoked on 18 January 2018. b. It is the recommendation of their office that the applicant’s request be approved. Based on the documents available, she did not receive Federal Recognition prior to her departure from the ARNG. However, since she was being promoted to 1LT, her DOR would have reverted to the date of the State orders regardless of how long the Federal Recognition process took. She is correct in her assertion that she met all standards and requirements for promotion, unfortunately the timing of her transition to the active component led to the termination of her promotion. The ARNG and the ILARNG should have allowed her promotion to stand once approved and withdrew Federal Recognition effective the date of her transition. Her effective DOR should be established as 21 February 2017. Since she is now in the active component it would be appropriate for HRC to publish orders recognizing the DOR change. 5. In addition to the advisory, the NGB provided SO Number 18, issued by the NGB, which revoked SO Number 5 pertaining to her Federal Recognition as a 1LT. 6. The applicant was provided with a copy of this advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She did not respond. 7. Army Regulation (AR) 600-8-29 (Officer Promotions) paragraph 1-10 states 2LT and 1LT. The law establishes no minimum Time in Grade (TIG) requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to 1LT. The TIG requirement for promotion to 1LT has been extended to 2 years by the authority of the Secretary of the Army (SECARMY). BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, her military record, an advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the advisory official who found the timing of her transition to the active component led to the improper termination of her promotion. The Board determined the applicant’s promotion to first lieutenant should not have been delayed; thereby warranting correction in this case. Such relief should result in HRC publishing orders recognizing the DOR change effective 21 February 2017, since she is now on active duty. ? 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 adjusting the applicant’s date of rank to first lieutenant (1LT)/O-2 effective 21 February 2017. Such relief should result in HRC publishing orders. 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: AR 600-8-29 (Officer Promotions) paragraph 1-10 states 2LT and 1LT. The law establishes no minimum Time in Grade (TIG) requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to 1LT. The TIG requirement for promotion to 1LT has been extended to 2 years by the authority of the SECARMY. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005080 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1