ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 June 2020 DOCKET NUMBER: AR20180016290 APPLICANT REQUESTS: * to be scrolled on the Reserve Active Status List (RASL) as a Captain (CPT)/O-3 * correct her rank to show CPT APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 5691 (Request for Reserve Component Assignment Orders) * DA Form 5690 (Reserve Components Career Counselor Interview Record) * Memorandum Subject: Incoming Transitioning Soldier * Army Reserve Deployment Stabilization Statement * Enlistment/Transfer Appointment Packet Checklist * Officer Continuation Sheet * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Staffing and Approval Record * Action memorandum from the Secretary of the Army FACTS: 1. The applicant states she was a scroll withhold from Fiscal Year (FY) 2017 as a CPT in the Army Medical Department (AMEDD). She was cleared and processed as a single name nomination (SNN). However, she transferred from Active Duty to the US Army Reserve (USAR) on 15 December 2017. Her SNN wasn't approved until 30 January 2018. She was no longer on Active Duty when her SNN was approved for promotion. She is being denied her promotion to CPT in the USAR even though she was already selected and approved on active duty. 2. The applicant's service records contain the following documents for the Board's consideration: a. 22 August 2014, the applicant entered Active Duty as a Second Lieutenant (2LT). b. 10 February 2016, Order Number 041-014, published by Headquarters, US Army Human Resources Command (HRC), promoted her to First Lieutenant (1LT) on Active Duty effective 22 February 2016. c. 16 December 2017 dated memorandum from HRC, Subject: Appointment as a Reserve Commissioned Officer of the Army, appointed her in the rank of 1LT for an indefinite term in the USAR. d. Orders 19-070-00001, published by Headquarters, USAR Command, dated 11 March 2019, shows the applicant was reassigned to the USAR Control Group (Reinforcement) in the rank of 1LT for Expiration of USAR Service Obligation effective 12 April 2019. e. 19 June 2019 Orders D-06-915387, published by HRC, shows the applicant was honorably discharged from the USAR in the rank of 1LT with an effective date of 19 June 2019. 3. The applicant's service records are void of documentation showing she was considered for promotion to CPT or she was listed on a scroll for promotion to CPT for Active Duty or USAR. 4. The applicant provides the following documents for the Board's consideration: a. A DA Form 5691 (Request for Reserve Component Assignment Orders), dated 27 September 2017, requesting assignment in the USAR as a 1LT. b. A DA Form 5690 (Reserve Components Career Counselor Interview Record), dated 27 September 2017, which shows the applicant was in the rank of 1LT and separating from active duty to transfer to the USAR. c. A memorandum from Headquarters, Fort Bragg, dated 27 September 2017, Subject: Incoming Transitioning Soldier, which shows the applicant was a 1LT and transferring to the USAR effective 15 December 2017. d. An Army Reserve Deployment Stabilization Statement, dated 27 September 2017, which states it was the responsibility of her command to place her in a non-deployable status from the date of assignment for a 24 month time period. e. An Enlistment/Transfer/Appointment Packet Checklist, dated 5 October 2017 which shows the documents needed to complete the applicant's USAR appointment. Her Expiration of Term of Service was listed as 15 December 2017 and her ship date was listed as 16 December 2017. f. Officer Continuation Sheet, dated 16 December 2017, which lists her contact information and Reserve unit. It states USAR Stabilization: A mobilization deferment applies to this transfer/enlistment/appointment. g. A DD Form 214 with the period ending 15 December 2017 shows the applicant was transferred to a USAR Control Group (Reinforcement) in the rank of 1LT. She was honorably return from active duty (REFRAD) under the provisions of AR 600-8-24, paragraph 2-7, by reason of completion of required active service. Under item 18 Remarks, it states REFRAD pursuant to unqualified resignation constitutes officer’s acceptance of appointment as a Reserve Commissioned Officer. She completed 9 years, 4 months, and 11 days of net active service. h. A Staffing and Approval record, showing the recommendation was approved by the Deputy Chief of Staff of G1, Assistant Secretary of the Army, Vice Chief of Staff of the Army, and Secretary of the Army on 22 January 2018. Under comments it states “On August 2017, the applicant’s name was withheld form the FY17 CPT, Army Nurse Promotion Selection Board (AN PSB) nomination scroll pending the review of potential adverse information. On 13 October 2017, the officer’s commander stated the report to suspend favorable personnel action was removed effective 20 June 2017, and there was no adverse information to report.” i. An Action Memo from the Secretary of the Army to the Secretary of Defense regarding the applicant's nomination to CPT for FY17. It states, he recommend the Secretary of Defense approve the applicant’s promotion to CPT. The FY17 CPT AN PSB recommended the applicant for promotion to CPT and the board results were approved on 8 September 2017. Her name was withheld from the original nomination scroll to allow for further review of her records. Her promotion eligibility period expires on 1 March 2019. She was not a subject in an ongoing investigation; was not pending adjudication of substantiated adverse information; and does not have any substantiated allegations or formal charges filed against her regarding detainee abuse or the Recruiting Assistance Program investigation. Recommendation was to appoint the applicant to CPT. 5. HRC and Headquarters Department of the Army, G-1 DMPM, through the Secretary of Defense, can make corrections/ ratification to the scrolling process. The applicant was scrolled and confirmed for promotion to CPT and was on the active duty list. The only scroll approved was for active duty and not a Reserve scroll. 6. See applicable references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, her name withhold and subsequent reinstatement on a CPT promotion scroll, her 15 December 2017 DD Form 214, her REFRAD pursuant to unqualified resignation and transfer to a USAR Control Group (Reinforcement) in the rank of 1LT and her subsequent scrolling on the active duty promotion list. The Board found the applicant was scrolled as an active duty officer after her departure from active duty. Based on a preponderance of evidence, the Board determined that the applicant’s omission from a Reserve Active Status List (RASL) scroll for Captain and rank as a 1LT in the USAR was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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 for correction of the records of the individual concerned. 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. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). a. Paragraph 2–5 (Eligibility for consideration) states: (1) To be eligible for consideration for promotion to the next higher grade, an ARNGUS or USAR officer must have continuously performed service on either the RASL or the ADL (or a combination of both lists) during the 1– year period ending on the convening date of the promotion board, and must meet the TIG requirements in tables 2-1 or 2-3, as appropriate. (2) ARNGUS and USAR officers will be considered for promotion in their competitive category only: Army Promotion List (APL, to include JA); Chaplains (CH); Army Nurse Corps (AN); Dental Corps (DC); Medical Corps (MC); Medical Service Corps (MS); Army Medical Specialist Corps (SP); and Veterinary Corps (VC). (3) While on a promotion list resulting from a prior mandatory or position vacancy promotion board or approved for Federal recognition in the higher grade and nominated for Reserve promotion on that basis, an officer may not be considered for promotion by a subsequent mandatory or position vacancy promotion board. b. Paragraph 3-18(10) states Commanders and the Commander (CDR), HRC, Office of Promotions (Reserve Component (RC) will continuously review promotion lists to ensure that no officer is promoted who has become mentally, physically, morally, or professionally disqualified after being selected. 2. Army Regulation 600-8-29 (Officer Promotions), states: a. Para 1-12. Promotion Lists. An officer who is on a promotion list and is removed from the active duty list (ADL) prior to the effective date of promotion shall not be promoted from the ADL promotion list. A subsequent return to the ADL does not warrant a return to promotion list status held prior to release from active duty. b. Para 1–21. Date of rank and effective date of promotion after a delay. 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 ADL he or she would have received had there been no delay. The ADOR and effective date may be earlier than the date of the actual order. 3. The ABCMR may not appoint an officer to a higher grade. That authority is reserved for the President and has not been delegated below the Secretary of Defense. 4. The ABCMR may correct an officer's date of rank/effective date of rank when a proper appointment has already occurred. a. Title 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. d. There may be cases (specifically correction of constructive credit that affects original appointment grade) where relief is not possible because an appointment to a higher grade has not yet occurred. In those cases, the Board should be advised of the limits of its authority. The Board may also be advised that the applicant can submit a request for reconsideration after he or she has been appointed to a higher grade. 5. Scrolling is a function of the Secretary of Defense and it is not within the purview of this Board. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016290 2 1