IN THE CASE OF: BOARD DATE: 19 October 2022 DOCKET NUMBER: AR20220001967 APPLICANT REQUESTS: reconsideration of his previous request to: * amendment of National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to reflect transfer into the Individual Ready Reserve (IRR) or promotion to first lieutenant (1LT)/O-2 * amendment of discharge order to reflect transfer into the IRR or promotion to 1LT/O-2 * correction of NGB Form 78 (Recommendation for Promotion to 1LT/CW2) to reflect "is" recommended for promotion (item 2f. and 2g.) * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 78 (Recommendation for Promotion to 1LT/CW2) * Orders Number T-07-06508A01, 1 July 2014 * NGB Form 22, 12 September 2014 * Orders Number 254-854, 11 September 2014 * DD Form 220 (Active-Duty Report), 4 September 2014 * Memorandum – Subject: Request for Exception to Policy – Involuntary Separation, 25 November 2021 * Memorandum – Subject: Letter of Endorsement for Two-Time Non-Select Waiver, 1 December 2021 * Memorandum – Subject: Corrected Copy: Promotion from Second Lieutenant (2LT) to First Lieutenant (1LT) and from Warrant Officer One (WO1) to Chief Warrant Officer Two (CW2) (PPOM Number 13-006), 6 February 2013 * Memorandum – Subject: SMOM 18-024, Administrative Processing of Early Commissioning Program Lieutenants, 25 January 2018 * Bachelor of Science Certificate, 6 August 2020 * Special Orders Number 259, 17 September 2014 * Memorandum – Subject: Disenrollment from Quartermaster Basic Officer Leader Course (BOLC), 3 September 2014 * Orders Number T-07-06508A05, 2 September 2014 * NGB Form 22A (Correction to NGB Form 22), 22 September 2014 * Special Orders Number 244, 29 August 2014 * Orders Number 231-820, 19 August 2014 * Special Orders Number 197, 18 July 2014 * Orders Number 190-794, 9 July 2014 * Orders Number 215-006, 3 August 2011 * Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, United States Code (USC), Sections 12201, 12203, 2104, 2106 and 2107, 25 May 2012 * Military College Associate of Science Certificate, 3 June 2011 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140018488 on 23 July 2015. 2. The applicant states in pertinent part that he was involuntarily discharged from the Army National Guard (ARNG) while he was attending the Quartermaster BOLC due to a lack of administrative action taken by his unit. At the time of his discharge, he had already served 37 months as a second lieutenant (2LT)/O-1. He argues that completion of NGB Form 78 is required once the service member reached 18/24/36 months' time in grade (TIG) as a 2LT; his unit completed 1 when he completed 35 months TIG. He notes that his disapproval for promotion occurred 7 days after he received orders to attend BOLC. Further, despite being eligible for consideration for promotion at 18/24 months because he was an "early commission", his unit failed to complete an NGB Form 78 and was unaware of his commissioning source or the regulatory guidance pertaining to the promotion eligibility of officers commissioned under "Early Commissioning Program (ECP)." 3. A review of the applicant's available service records reflects the following: a. On 2 February 2011, the applicant enlisted in the ARNG with subsequent enrollment in the Reserve Officers' Training Corps (ROTC) Simultaneous Membership Program. b. On 28 July 2011, the applicant was appointed a Reserve commission as a 2LT. c. On 23 September 2011, the State issued Orders Number 266-797 appointing the applicant as a 2LT with a Pay Entry Basic Date of 2 February 2011; Promotion Service Date of 28 July 2011 and a Promotion Eligibility Date of 28 January 2013. d. On 16 May 2012, the NGB issued Special Orders Number 178 AR announcing Federal recognition of the applicant's initial appointment within the ARNG, effective on 28 July 2011. e. On 7 July 2014, NGB Form 78 was constructed recommending that the applicant be denied promotion to 1LT. Item 2g (Remarks) provides that the applicant was not recommended for promotion by his Rater/Supervisor due to his disenrollment from the ECP and therefore should be separated upon reaching 36 months TIG as a 2LT. This recommendation was further approved by the approval authority. The applicant had been a 2LT for 35 months. f. On 12 September 2014, the applicant was released from the ARNG under the provisions of National Guard Regulation 635-100 (Termination of Appointment and Withdrawal of Federal Recognition). g. On 17 September 2014, the NGB issued Special Orders Number 259 announcing the withdrawal of the applicant's Federal recognition of appointment in the ARNG, effective 12 September 2014. 4. The applicant provides the following a: a. Orders Number T-07-06508A01 dated 1 July 2014, reflective of Orders Number T-07-06508 being amended to reflect a change in the additional instructions and or line of accounting/funding sources utilized. b. Orders Number 254-854 dated 11 September 2014, reflective of the applicant being separated from the ARNG and the U.S. Army Reserve (USAR), effective 12 September 2014. c. DD Form 220 dated 4 September 2014, reflective of the applicant's service on active duty from 13 July 2014 – 2 September 2014 (approximately 52 days) as authorized by Orders Number 0706508A05. The applicant had not completed the BOLC. d. Memorandum – Subject: Request for Exception to Policy – Involuntary Separation, dated 25 November 2021, reflective of the applicant's request for a waiver to be reappointed as a commissioned officer. He notes that he was involuntarily discharged from the ARNG for failure to obtain his bachelor's degree within 36 months of his commissioning; he completed his degree on 6 August 2020. e. Memorandum – Subject: Letter of Endorsement for Two-Time Non-Select Waiver, dated 1 December 2021, reflective of Lieutenant Colonel (LTC) , Information Technology (IT) Branch Chief, ARNG recommendation that the applicant be considered for reappointment as an officer. She notes that the applicant previously served as her Executive Officer and although he was previously unable to fulfill his obligation, he has learned from those challenges and worked hard to realign his goals with those set forth by the Army for Officers. f. Memorandum – Subject: Corrected Copy: Promotion from Second Lieutenant (2LT) to First Lieutenant (1LT) and from Warrant Officer One (WO1) to Chief Warrant Officer Two (CW2) (PPOM Number 13-006), dated 6 February 2013, reflective of information pertaining to streamlining the promotion process from 2LT to 1LT. The applicant directs attention to paragraph 7 wherein it provides that 2LTs commissioned through the ECP are eligible for promotion to 1LT at 24 months TIG without the requirement to complete BOLC. g. Memorandum – Subject: SMOM 18-024, Administrative Processing of Early Commissioning Program Lieutenants, dated 25 January 2018, reflective of guidance pertaining to Officers who were commissioned under the ECP. Paragraph 4 provides that ECP Lieutenant's, have 24 months from the time of commissioning to complete their civilian education requirements. ECP Lieutenants remain unqualified until they complete BOLC. In general, completion of BOLC is conducted after the Officer completes their civilian education however an ECP Officer may volunteer to attend BOLC prior to graduation provided they are able to complete their education requirements within 24 months of commissioning. h. Bachelor of Science Certificate, dated 6 August 2020, reflective of the applicant's completion of the education requirements and therefore awarded a Bachelor of Science from the University of North Georgia. i. Memorandum – Subject: Disenrollment from Quartermaster BOLC, dated 3 September 2014, reflective of the applicant being disenrolled from BOLC due to his failure to complete his ECP obligation. The applicant attended BOLC from 13 July 2014 with a 30 October 2014 projected graduation date. j. NGB Form 22A dated 22 September 2014, reflective of the revocation of a previously issued NGB Form 22 as required under Special Orders Number 244, dated 29 August 2014. k. Special Orders Number 244 dated 29 August 2014, reflective of Special Orders Number 197 AR being revoked. l. Orders Number 231-820 dated 19 August 2014, reflective of Orders Number 190-794 being revoked. m. Special Orders Number 197 dated 18 July 2014, reflective of the announcement of the withdrawal of the applicant's Federal recognition as an Officer within the GAARNG, effective 28 July 2014. n. Orders Number 190-794 dated 9 July 2014, reflective of the applicant being separated from the ARNG and the USAR, effective 28 July 2014. o. Orders Number 215-006 dated 3 August 2011, reflective of the applicant being reassigned from the Headquarters, U.S. Army Cadet Command to the U.S. Army Human Resources Command, USAR Control Group (Officer Active-Duty Obligor), effective 28 July 2011, to be commissioned early in the USAR from the U.S. Army ROTC scholarship program. The additional instructions provides that the applicant was required to complete his bachelor's degree within 36 months after receiving his commission; projected completion date of July 2012. p. Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, USC, Sections 12201, 12203, 2104, 2106 and 2107, dated 25 May 2012, reflective of the applicant being appointed a Reserve commission on 28 July 2011. q. Georgia Military College Certificate dated 3 June 2011 reflective of the applicant's completion of an Associate in Science Degree (General Studies) at the Georgia Military College. 5. On 23 July 2015 (Docket Number AR20140018488) the Army Board for Correction of Military Records (ABCMR) denied the applicant's request for correction of his records to reflect promotion to 1LT, effective 28 January 2013, with entitlement to backpay and reinstatement into the ARNG citing that the evidence presented does not demonstrate the existence of a probable error or injustice. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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 and available military records, the board found insufficient evidence that support correction of NGB Form 78 to reflect "is" recommended for promotion. The Board determined the NGB Form 78 was constructed recommending that the applicant be denied promotion to 1LT. Item 2g (Remarks) provides that the applicant was not recommended for promotion by his Rater/Supervisor due to his disenrollment from the ECP and therefore should be separated upon reaching 36 months TIG as a 2LT. As a ECP Lieutenant, the applicant had 24 months from the time of commissioning to complete their civilian education requirements which was not met by the applicant. Based on regulatory guidance, in general, completion of BOLC is conducted after the Officer completes their civilian education however an ECP Officer may volunteer to attend BOLC prior to graduation provided they are able to complete their education requirements within 24 months of commissioning, which did not occur. The Board agreed that amendment of National Guard Bureau (NGB) Form 22 to reflect transfer into the Individual Ready Reserve (IRR) or promotion to first lieutenant (1LT)/O- 2 is without merit. Furthermore, the Board found that amendment of discharge order to reflect transfer into the IRR or promotion to 1LT/O-2 is unwarranted. Based on the preponderance of evidence the Board denied relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20140018488 on 23 July 2015. 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. U.S. Army Cadet Command (USACC) 145-9 (Cadet Command Reserve Officer Training Corps Branching, Commissioning and Accessioning Regulation) provides that the Early Commissioning Program (ECP) allows ROTC Cadets who have completed all ROTC requirements, except that of obtaining a baccalaureate degree, to be commissioned. Prior to commissioning as a Military Junior College (MJC) graduate, the Cadet must receive an associate degree from an MJC. Upon commissioning, these officers should be immediately assigned to a Reserve Component (RC) unit and enrolled into a four-year college or university that has or is affiliated with a Senior ROTC Program. Recoupment and discharge actions will be taken against those 2LTs who do not complete their baccalaureate degree requirements within 36 months 2. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) Chapter 2 (Promotion Eligibility and Qualification Requirements) provides that an officer in the grade second lieutenant (2LT) or a USAR warrant officer in the grade of WO1 will be considered for promotion without review by a selection board. The officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed (table 2-1 or table 2-3). The records of ARNG unit officers will be screened and promotions accomplished by the Chief, National Guard Bureau (CNGB). a. Table 2-1 (Time in Grade Requirements Commissioned Officers, other than Commissioned Warrant Officers) provides that the minimum time in grade requirement for promotion from 2LT to 1LT is 2 years with a maximum of 42 months in the lower grade. b. Table 2-2 (Military Educational Requirements Commissioned Officers, other than Commissioned Warrant Officers) provides that the completion of the Officer Basic Course (OBC) is required for promotion from 2LT to 1LT. Officers assigned to Control Group (OADO) (see para 2-8b(1)) and former OADO officers including Early Commissioning Program (ECP) participants) transferred to the Control Group (Annual Training) or the Selected Reserve preceding their promotion eligibility to 1LT are not required to meet the educational requirement for promotion to 1LT. ROTC cadets appointed under the Early Commissioning Program (ECP) on or after 1 February 1987, are required to complete resident OBC. 3. AR 600-8-29 (Officer Promotions) provides that 2LTs are eligible for promotion upon reaching 18 months of active-duty service as a 2LT on the Active Duty List (ADL). If the officer's source of commission is the Reserve Officers' Training Corps (ROTC), active- duty service commences on the year, month, and day the officer enters active duty based on the computation of travel per the Joint Federal Travel Regulation (JFTR). a. Paragraph 3-17 (Processing of DA Form 78 – (Recommendation for Promotion to 1LT/CW2) provides that preparation of DA Form 78 will be used for officers not recommended for promotion by the automated system. When a promotion approval authority determines that a 2LT is not qualified for promotion to 1LT he or she will use DA Form 268 to flag the officer and initiate a DA Form 78 no later than the PED. A 2LT or WO1 not recommended for promotion will be retained in a suspended mandatory separation status for 6 months after the PED to allow the officer the opportunity to overcome the non-promotable status, unless the retention is inconsistent with good order and discipline as determined by the promotion approval authority. The promotion approval authority will fully explain the reason for denying promotion on DA Form 78 and in the remarks section of the automated promotion system. Initiation of separation action as a result of a denial for promotion to 1LT/CW2 may be held in abeyance for 6 months. b. Officers under consideration for promotion will be provided a copy of the DA Form 78 with an explanation for the denied promotion and written counseling on conditions required for the officer to regain promotion eligibility, if applicable. The officer will be afforded 7 duty days to provide a statement to the promotion approval authority. c. A 2LT who has not been promoted at the end of the 6–month abeyance period will be processed for separation under the provisions of AR 600–8–24 (Officer Transfers and Discharges). 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//