IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210008528 APPLICANT REQUESTS: * correction of Date of Rank (DOR) to reflect 11 May 2017 * correction of Active Date of Rank (ADOR) to reflect 15 May 2017 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 86-021, dated 27 March 2017 * DA Form 71 (Oath of Office), dated 11 May 2017 * Memorandum - Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, United States Code (USC), section 12203, dated 11 May 2017 * Orders Number 131-007, dated 11 May 2017 * DA Form 71, dated 15 May 2017 * Officer Record Brief * Email communication 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 in pertinent part that she was appointed a commission while enrolled in the University of Illinois at Chicago Reserve Officers' Training Corps (ROTC) Program on 11 May 2017 and was subsequently ordered to active duty on 15 May 2017 as a Gold Bar Recruiter. She noticed that he ADOR was incorrect on 26 October 2020 when the promotion list was published. She then contacted her personnel office and inquired as to why he ADOR was 30 May 2017. She then contacted the Transportation Branch Manager in order to determine if her ADOR was incorrect and to inquire about its impact on her promotion date. Unfortunately, her branch manager was unable to confirm the accuracy of her ADOR nor if it would impact her promotion date. 3. A review of the applicant's available service records reflects the following: a. On 22 August 2012, the applicant enrolled in the ROTC Program at the University of Illinois at Chicago. b. On 26 October 2012, the applicant enlisted in the Army National Guard (ARNG). c. On 27 March 2017, Headquarters, U.S. Army Cadet Command issued Orders Number 86-021 reflective of the applicant being ordered to active duty effective upon the date of her acceptance of appointment, to attend and complete the Transportation Corps Basic Officer Leaders Course with a report date of 10 September 2017; travel to commence on 8 September 2017. d. On 11 May 2017, Headquarters, U.S. Army Cadet Command issued Orders Number 131-007 amending Orders Number 86-021 to reflect an entrance on active duty effective 15 May 2017. The applicant was attached to the University of Illinois at Chicago from 15 May - 7 September 2017 to perform the duties of a Gold Bar Recruiter in a Permissive Temporary Duty (PTDY) status. The applicant's date of appointment was also amended from 30 May 2017 to reflect 6 May 2017. The applicant also completed her oath of office at this time and was appointed a Reserve commission at the rank of Second Lieutenant (2LT)/O-1. e. On 15 May 2017, the applicant was appointed a Regular Army commission within the Transportation Corps. f. On 19 July 2017, the Department of Military Affairs issued Orders Number 200-1122 retroactively discharging the applicant from the ARNG effective 10 May 2017 for appointment in the active component. g. On or about 27 November 2018, the applicant was promoted to the rank of first lieutenant (1LT)/O-2 with a DOR of 27 November 2018. Orders are not available within the applicant's personnel file - information obtained from the applicant's Officer Record Brief. h. On 20 April 2021, Headquarters, U.S. Army Human Resources Command issued Orders Number 110-47 announcing the promotion of the applicant to the rank of Captain (CPT)/O-3 effective 1 May 2021 with a DOR of 1 May 2021 4. The applicant provides the following a: a. Memorandum - Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, USC, section 12203, dated 11 May 2017, reflective of the applicant being appointed a commission effective upon the date of acceptance. b. Officer Record Brief reflective of the applicant's pertinent personnel data to include assignment history, awards, military/civilian education etc. Section III (Service Data) reflects an Entrance on Active Duty (EAD) of 15 May 2017, a DOR to 2LT of 30 May 2017, 1LT DOR of 27 November 2018 and a Basic Date of Appointment of 30 May 2017. c. Email communication reflective of the applicant's inquiry with her branch manager regarding her ADOR. The applicant provides that she commissioned on 11 May 2017 but her DOR reflects 30 May 2017. She contests that this was incorrect and should reflect 11 May 2017 like the other officers that she commissioned with. She was redirected to the ABCMR for relief citing that request for ADOR must be submitted within 24 months after being placed on the active duty list. BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence within the military record, the Board determined relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based on the preponderance of evidence, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected to show: * Date of Rank: 11 May 2017 * Active Date of Rank: 15 May 2027 2. All entitlement to back pay and allowances to be determined by the Defense Finance and Accounting Agency. 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 3 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 3-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 (Officer Promotions) provides that the Active Date of Rank (ADOR) is used to determine the eligibility of officers on the Active Duty List (ADL) for promotion. The Human Resources Command (HRC) will determine the ADOR as prescribed in this regulation. A DA Form 71 (Oath of Office) must be submitted no later than 24 months after being placed on the ADL unless the officer can explain the excessive delay. The ADOR of an officer receiving an original appointment as a RA commissioned officer, other than as stated in this regulation, is the date the appointment is accepted unless: * the officer was, at the time of appointment, a Reserve officer on the ADL, in which case the ADOR is the same as that which the officer held immediately before his or her appointment as a Regular Army officer. * the officer was, at the time of appointment, a Reserve officer not on the ADL, in which case the ADOR will be the one the officer would have had immediately before the appointment as a RA officer had the officer been placed on the ADL as a Reserve officer on that date. 3. Title 10, USC, section 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008528 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1