IN THE CASE OF: BOARD DATE: 24 August 2021 DOCKET NUMBER: AR20200009112 APPLICANT REQUESTS: * promotion to the rank/grade of major (MAJ)/O-4 with a Date of Rank (DOR) of 20 September 2019 * if above relief cannot be granted, promotion to MAJ with a DOR of 1 April 2020 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Fiscal Year (FY) 2018 MAJ, Army Competitive Categories (ACC), Selection Board Results * memorandum to U.S. Army Human Resources Command (HRC), dated 5 March 2019 * Directorate of Human Resources U.S. Army Garrison – Hawaii Orders Number 073-0002 * Secretary of Defense (SecDef) appointment of officers, dated 9 April 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty) service ending 12 September 2019 * DA Form 4651 (Request for Reserve Component Assignment or Attachment) * Orders Number C-09-911878 * HRC e-mail regarding applicant's promotion request * excerpt from Department of Defense Instruction (DODI) 1300.04 (Inter-Service and Inter-Component Transfers of Service Members) FACTS: 1. The applicant states in effect: a. He was selected for promotion on the FY18 MAJ ACC Promotion Selection Board (PSB) and was promotable since 8 January 2019. He planned to transition to the U.S. Army Reserve (USAR) and received a Reserve scroll in the rank of MAJ on 9 April 2019. His projected promotion dated was 1 April 2020 based on his sequence number. He was released from active duty on 12 September 2019 and was assigned to a MAJ position in the USAR effective 20 September 2019. The transition office/counselor did not submit for a CPT scroll on his behalf, if it would have been, he would have been promoted to the rank of MAJ on the date he was assigned to the USAR. b. He was advised by HRC that he should have been issued an approved Reserve Component (RC) scroll in the rank of CPT because he was a promotable CPT at the time of his transition to the USAR. This requirement was to bridge the rank that he held on the ADL with the next higher associated rank for promotion. To correct this injustice a ratified RC CPT scroll must be approved and backdated before his RC MAJ scroll was approved on 9 April 2019. HRC Accessions Branch stated that his must be approved by the SecDef and would be difficult if not impossible. An alternative would be to place the applicant back on active duty until his projected promotion date of 1 April 2020 and his transition to the USAR would be amended to 2 April 2020, thereby allowing the RC MAJ scroll to be effective on the same date. The alternative is less desirable as it has other effects such as; correcting his active duty service record, retirement points, evaluation, pay, educational benefits, etc. He would also lose out on about 6-months of the difference in pay between CPT and MAJ. 2. A review of the applicant's service record shows: a. The applicant's service record is void of evidence of an oath of office. DD Form 214 shows that he entered active duty on 23 May 2009. He held the military specialty 15A (General Aviation) and 15B (Combined Arms Aviation). b. On 26 November 2012, Orders Number 331-081, issued by HRC, the applicant was promoted to the rank of CPT effective 1 December 2012 in the aviation branch. c. The applicant was honorably released from active duty on 12 September 2019 and assigned to the USAR Control Group (Reinforcement). DD Form 214 shows the applicant completed 10-years, 3-months, and 20-days of active service. It also shows: * block 4a (Grade, Rate, or Rank): CPT * block 4b (Pay Grade): O03 * block 12i (Effective Date of Pay Grade): 1 December 2012 d. On 20 September 2019, Orders Number C-09-911878, issued by HRC, the applicant was assigned the U.S. Army Reserve Element (USARE) Central Command (CENTCOM) effective 20 September 2019. 3. The applicant provides: a. FY18 MAJ ACC PSB results that shows the applicant was selected for promotion to the rank of MAJ in the aviation branch with the sequence number of 600. b. Memorandum, dated 5 March 2019, from HRC to the commander of Schofield Barracks, HI that stated the applicant will be separated from active duty on 12 September 2019 with acceptance of a Reserve appointment. c. Orders Number 073-0002 that shows the applicant was to be released from active duty on 12 September 2019 and assigned to the USAR Control Group (Reinforcement). d. Secretary of Defense appointment of officers in the Reserve of the Army, dated 9 April 2019 that shows the applicant was appointed in the Reserves in the rank of MAJ. e. DA Form 4651 that shows on 13 September 2019, the applicant requested assignment to the USARE CENTCOM in the Military Intelligence Officer position in the rank of MAJ. f. E-mail, dated 13 July 2020, from HRC Promotions Branch that stated the FY18 MAJ, ACC, OPS results shows the applicant was on the list with the sequence number of 600 with a projected promotion date of 1 April 2020. g. Excerpt DODI 1300.04 providing the guidance on the transfer of commissioned officers on the ADL or the RASL between Regular and Reserve Components of the same military service. 4. In processing of this case on 28 May 2021, HRC provided an advisory opinion, the advisory official stated that without a valid CPT appointment to the RASL scroll by the Accession and Appointment Branch the applicant could not be promoted. The advisory official recommended that HRC Accessions and Appointments Branch issue a ratification scroll and that the applicant be granted full relief at its approval unless proven otherwise ineligible. 5. On 28 May 2021, the applicant was provided the advisory opinion for his comment. The applicant responded via e-mail on 28 June 2021 that stated he supported the advisory opinion provided by HRC. He requested that full relief include: * DOR back dated to 20 September 2019 * back pay for the difference between CPT and MAJ pay for service performed in the USAR * adjustment to his associated officer year group * promotion board timeline based on DOR of 20 September 2019 * rectify any associated impact, benefits, or compensation based on backdated DOR BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the advising official’s recommendation. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the applicant should have been promoted to MAJ with a date of rank and effective date no later than his projected date of promotion 1 April 2020. Under Public Law, the Board cannot promote a member to a rank they were not previously promoted to. Therefore, the Board recommends that HRC Accessions and Appointments Branch issue a ratification scroll and that the applicant be granted full relief, unless proven otherwise ineligible. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by HRC Accessions and Appointments Branch issue a ratification scroll, which would further result in the applicant being promoted to MAJ with an appropriate date of rank and effective date no later than 1 April 2020. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to promoting the applicant to MAJ if proven otherwise ineligible. 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. Defense Instruction (DoDI) 1300.04 (Inter-Service and Inter-Component Transfers of Service Members), In accordance with (IAW) the authority in DOD Directive (DODD) 5124.02, establishes policy, assigns responsibilities, and provides the procedures, transferring between the ADL and the RASL; a commissioned officer transferring between the ADL and the RASL of the same military service will be processed for an original appointment IAW DODI 1310.02 (Original Appointment of Officers). The officer's appointment grade and DOR will be determined by the military service concerned, IAW DODI 1312.03 (Entry Grade Credit for Commissioned Officers and Warrant Officers) and DODI 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers). If a commissioned officer who transfers between the ADL and the RASL is on a promotion list to the next higher grade IAW Title 10, United States Code, sections 624 and 1403, the Secretary of the military department concerned will integrate the officer into the corresponding promotion list in the new component list based on the officer's DOR of his current grade. 2. DoDI 1205.05 (Transfer of Service Members Between Reserve and Regular Components of the Military Services), reissues DODD 1205.05 (Reference (a)) as a DODI IAW with the authority in DODD 5124.02 (Reference (b)) to establish policy, assign responsibilities, update procedures, establish objectives, and provide overall guidance for the transfer of Service members between the Reserve and Regular Components of the military services. 4i. The commissioned officer who transfers between Military Services or between the ADL and RASL of the same Service shall execute a new appointment that will not reflect a higher relative rank or precedence than that held on the day before the transfer. 3. Army Regulation (AR) 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). Paragraph 2-4b (Date of rank of 1LTs and above on placement on the RASL), an officer on the ADL who has been selected for promotion but who has not been promoted by the time the officer transfers to the RASL in the same competitive category, will be placed on an appropriate Reserve of the Army promotion list. The effective date of promotion and DOR will be the same as if the officer had been selected to the same grade by a promotion board for RASL officers. However, the Secretary of the Army may set the DOR if he or she determines an inequity in the foregoing procedure exists. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009112 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1