ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 August 2022 DOCKET NUMBER: AR20210015647 APPLICANT REQUESTS: * promotion to the rank/grade of Major (MAJ)/O-4 with a Date of Rank (DOR) of 28 August 2018 * in the alternative promotion to MAJ with a DOR of 1 April 2019 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * FY17 MAJ Army Competitive Categories Selection Board Results, dated 17 January 2018 * Memorandum – Subject: Release from Active Duty (REFRAD) for Officers with a Remaining Military Service Obligation (MSO) or Those Desiring a Reserve Appointment, dated 20 December 2017 * Orders Number 060-0156, dated 1 March 2018 * Orders Number 081-0158, dated 22 March 2018 * DA Form 4651 (Request for Reserve Component Assignment or Attachment), dated 11 May 2018 * Orders Number 176-0151, dated 25 June 2018 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 August 2018 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 16 July 2018 * Orders Number B-07-904771, dated 30 July 2019 * Promotion Orders * Excerpt Department of Defense Instruction (DODI) 1300.04 (Inter-Service and Inter- Component Transfers of Service Members) * Timeline of Events FACTS: 1. The applicant states in pertinent part that he was assigned to his current position (an O-4 billet) on 28 August 2018. He was advised by the U.S. Army Human Resources Command (HRC) Accessions Branch that his DOR to MAJ may be adjusted to this date by pursuing a ratified Reserve Component (RC) Scroll for promotion from captain (CPT) to MAJ. He adds that should this adjustment not be administratively possible, he requests that his DOR be adjusted to 1 April 2019, the day that he was projected to be promoted to MAJ had he remained on active duty. He was further advised by HRC that this could be accomplished by placing him back on active duty until his projected promotion date (1 April 2019). Then, transfer orders placing him in the U.S. Army Reserve (USAR) would need to be amended. He argues that he was selected for promotion during the Fiscal Year (FY17) MAJ Active Component Promotion Selection Board on 17 January 2018. At that time, he had already requested to be separated from active duty on 28 August 2018. Following his separation from active duty on 28 August 2018, he was transferred into the USAR and assigned to an O-4 billet. Unfortunately, the transition office did not submit his name to be added to the O-4 RC Scroll. Had this been done, he would have been promoted to MAJ on 28 August 2018. 2. A review of the applicant's available service records reflects the following: a. On 31 May 2008, the applicant was appointed as a Regular Army commissioned officer within the Aviation Corps in the rank/grade of second lieutenant (2LT)/O-1. b. On 15 October 2009, HRC issued Orders Number 288-158 announcing the applicant's promotion to the rank/grade of first lieutenant (1LT), effective on with a DOR of 30 November 2009. c. On 10 June 2011, HRC issued Orders Number 161-222 announcing the applicant's promotion to CPT, effective on with a DOR of 1 July 2011. d. On 14 April 2016, the applicant completed the Military Intelligence Captains Career Course. e. On 28 August 2018, the applicant was honorably REFRAD from active duty and transferred into the USAR Control Group (Individual Ready Reserve (IRR)). f. On 16 July 2018, the applicant's DD Form 214, item 9 (Command to which Transferred) was amended to reflect assignment to: 4th Battalion (Senior Reserve Officers' Training Corps) 414th Regiment. g. On 30 July 2019, HRC issued Orders Number B-07-904771 announcing the applicant's promotion to MAJ, effective on with a DOR of 9 July 2019. 3. The applicant provides the following a: a. FY17 MAJ Army Competitive Categories Selection Board Results dated 17 January 2018, reflective of a list of individuals selected for promotion. The applicant identifies 2 individuals on the list – one with a sequence number before his and one with a sequence number after his; the applicant is listed as sequence number 663. b. Memorandum – Subject: REFRAD for Officers with a Remaining MSO or Those Desiring a Reserve Appointment dated 20 December 2017, reflective of a request for the issuance of REFRAD Orders on behalf of the applicant. Paragraph 2 as highlighted by the applicant provides that the REFRAD notice constituted acceptance of a Reserve appointment. If the applicant did not want to accept the appointment, he was required to submit a request to withdraw his resignation before the approved date of the REFRAD and remain on active duty. c. Orders Number 060-0156 dated 1 March 2018, reflective of the applicant being reassigned to the transition point pending separation and transfer into the USAR (IRR). d. Orders Number 081-0158 dated 22 March 2018, reflective of the applicant's release date being changed from 22 June 2018 to reflect 28 August 2018. e. DA Form 4651 dated 11 May 2018, reflective of the applicant's request to be reassigned to the 4th Battalion, 414th Regiment (Senior Reserve Officers' Training Corps) into an O-4 billet. f. Orders Number 176-0151 dated 25 June 2018, reflective of the applicant's separation orders being amended to reflect a transfer to the 4th Battalion (Senior Reserve Officers' Training Corps) 414th Regiment rather than the IRR. g. Promotion Orders reflective of a list of officers promoted to MAJ with a DOR of 1 April 2019. The applicant directs attention to the officer with a sequence number before his with a DOR of 1 April 2019 and a sequence number after his with a DOR of 1 April 2019. h. Excerpt DODI 1300.04 reflective of information pertaining to appointments and promotions of officers transferring from the Active-Duty List (ADL) to the Reserve Active Status List (RASL). The applicant highlights that "if a commissioned officer who transfers between the ADL and the RASL is on a promotion list to the next higher grade in accordance with Sections 624 or 1403 of Title 10, United States Code (USC), the Secretary of the Military Department concerned will integrate the officer into the corresponding promotion list in the new components promotion list based on the officer's DOR in his or her current grade." i. Timeline of events reflective of the applicant's account of events occurring between 20 December 2017 and October 2021, specifically highlighting his REFRAD and the date he would have been promoted to MAJ had he remained on active duty. 4. On 1 June 2022, HRC, Chief, Officer Promotions Board Announcements, Support and Promotion Orders, provided an advisory opinion recommending approval of the applicant's request by adjusting his DOR to MAJ to reflect 29 August 2018, the date of his transfer from the ADL to the RASL. Promotions for ADL officers on an approved promotion list, who elect to transfer to the RASL, require that the promotable transferred officer be approved for assessment/appointment by Scroll to the RASL first (as a CPT). Second, it also requires an approved scroll for promotion on the RASL to MAJ by the Secretary of Defense. There are two subsections of "promotions how made" within Title 10, USC, one for ADL officers and one for RASL officers. Prior to electing to transfer, Accessions should have provided the applicant with the options (as a promotable officer or an officer eligible for promotion consideration) to extend on the ADL until affirming promotable status of his promotion to MAJ before transferring to the RASL. If it were possible to process both scrolling actions at the same time or grandfather an ADL promotion scroll (without submission for a RASL promotion scroll), there would have been more that a reasonable chance that he would have been promoted on the date of his assignment/transfer to the RASL. 5. On 3 June 2022, the applicant was provided with a copy of the advisory opinion and given 15 days to provide comments. As of 1 August 2021, the applicant had not responded. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and Army Human Resources Command, Chief, Officer Promotions Board Announcements, Support and Promotion Orders, advisory opinion, the Board concurred with the advising official recommendation of adjusting the applicant’s DOR to MAJ to reflect 29 August 2018, the date of his transfer from the ADL to the RASL. Based on the recommendation within the advisory opinion, the Board granted partial relief, adjusting the applicant’s DOR to 29 August 2018. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X 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 adjusting the applicant’s DOR to MAJ to reflect 29 August 2018, the date of his transfer from the ADL to the RASL. 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 promotion to the rank/grade of Major (MAJ)/O-4 with a Date of Rank (DOR) of 28 August 2018. 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 741 – Rank: Commissioned Officers of the Armed Forces provides under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, Marine Corps, and Space Force, the date of rank of a reserve commissioned officer (other than a warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who is to be placed on the ADL and who has not been on continuous active duty since his original appointment as a reserve commissioned officer in a grade above chief warrant officer, W–5, or who is transferred from an inactive status to an active status and placed on the ADL or the RASL may, effective on the date on which he is placed on the ADL or RASL, be changed by the Secretary concerned to a later date to reflect such officer's qualifications and experience. The adjusted DOR applicable to the grade of an officer shall be consistent with the officer's position on the promotion list for that grade and competitive category when additional officers in that grade and competitive category were needed, and with compliance with the applicable authorized strengths for officers in that grade and competitive category. 2. Department of Defense Instructions 1310.01 (Rank and Seniority of Commissioned Officers) states the Secretary of the Military Department concerned may adjust the DOR of an officer, except a general or flag officer, appointed to a higher grade under Title 10, USC, sections 624(a) or 14308(a) if the appointment of that officer to the higher grade is delayed by unusual circumstances. The Secretary of the Military Department concerned must determine that the unusual circumstance caused an unintended delay in processing or approval of the selection board report or promotion list in order for an officer’s DOR to be adjusted. //NOTHING FOLLOWS//