IN THE CASE OF: BOARD DATE: 14 November 2022 DOCKET NUMBER: AR20220002566 APPLICANT REQUESTS: correction of his date of rank (DOR) for promotion to the rank/grade of captain (CPT)/O-3 to show 27 December 2016. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 325-003, Headquarters U.S. Army Human Resources Command (HRC), Promotion to first lieutenant (1LT)/O-2 * Fiscal Year (FY) 2016 CPT Selection Board Results * Officer Record Brief (ORB) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders Number C-11-914503, HRC, Individual Ready Reserve (IRR) to Troop Program Unit (TPU) * Orders Number B-02-000998, HRC, promotion to CPT * Orders Number C-11-914503A01, HRC, Amended IRR to TPU Orders * Emails regarding DOR FACTS: 1. The applicant states, in effect: a. He is requesting a correction and backdate in his DOR to CPT. He was boarded, while on active duty in the FY 2016 competitive CPTs promotion board and completed an expiration term of service (ETS) from active duty prior to his sequence number or the cutting of orders. b. While he was in the IRR and prior to transferring to the U.S. Army Reserve (USAR), he was not promoted due to an error in the system showing him as a second lieutenant (2LT)/O-1. c. HRC was able to correct the issue with his rank, upon entering in the USAR but not backdate it beyond the processing scroll or approval date. From HRC, "only the Board can direct a backdated CPT DOR based on the active component to reserve component inter-service transfer scroll approval date. d. Over the previous 24 months, his unit had reached the extent they could support him in correcting his DOR issues. G-1 and HRC directed him to submit the issue to the Board. e. While in the IRR from April 2017 to October 2019, he was not scrolled to CPT. While in the IRR, the system showed him as a 2LT not as a 1LT promotable and eligible for promotion, while under IRR status. f. Upon transferring from the IRR to a TPU, in November 2019, they identified the issue in the system, which showed him as a 2LT. This presented multiple issues for pay, grade, and slotting. Most of which have been resolved minus an accurate DOR to CPT. g. Upon submission of his promotion orders to 1LT and FY 2016 board selection results to HRC, HRC was able to cut promotion orders to CPT based on the date or processing his scroll request, 20 February 2020 but not back date the orders to capture an earlier DOR. h. His DOR for 1LT was 27 December 2014 and minimum time in grade of two years for CPT would put him eligible for CPT as of 27 December 2016. In the past, he was advised that his DOR for CPT and scroll process should have happened in the IRR, in 2017. i. His concern is two-fold, first his files correctly represent his service and second, a corrected DOR for CPT. Depending on whether a DOR adjustment occurs the date decided, his window for promotion to Major was near. 2. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the USAR delayed entry program (DEP) on 22 June 2010, fore a period of 8 years. On 28 July 2010, the applicant was discharged from the USAR DEP and entered active duty for a period of 5 years. b. DA Form 61 (Application for Appointment) dated 27 September 2012 shows the applicant was requesting appointment as a commissioned officer. He had received his commission for completing Officer Candidate School (OCS). c. Orders Number 163-30327, published by Headquarters, U.S. Army Maneuver Center of Excellence, dated 12 June 2013 ordered the applicant to Active Duty in the rank/grade of 2LT/O-1, effective the date of his commission of 27 June 2013. d. On 26 June 2013, the applicant was issued a DD Form 214 showing he was honorably discharged from the Army to accept commission in the Army. e. On 27 June 2013, the applicant received a certificate showing he had completed OCS with a subsequent appointment as a Regular Army commissioned officer and execution of an oath of office. f. On 26 January 2014, the applicant received a DA Form 1059 (Service School Academic Evaluation Report) showing he completed the Military Police Basic Officer Leader Course. g. Order Number 325-003, published by HRC, dated 21 November 2014 shows the applicant was promoted to 1LT, effective on with a DOR of 27 December 2014. h. On 1 April 2017, the applicant was issued a DD Form 214 for completion of required active service in the rank of 1LT. He was transferred to the USAR Control Group (Reinforcement). i. On 2 April 2017, the applicant received a memorandum, from HRC, appointing him as a Reserve commissioned officer. j. Orders Number C-11-914503, published by HRC, dated 18 November 2019, the applicant was voluntarily reassigned from the USAR Control Group (Reinforcement) and assigned to a TPU. These orders were amended by Orders C-11-914503A01, published by the same Headquarters, effective 30 September 2020, changing his rank from 2LT to ILT. k. Orders Number B-02-00998, published by HRC, dated 27 February 2020, promoted the applicant to CPT, effective on with a DOR of 12 February 2020. l. Orders Number 22-059-00003, published by HRC, dated 28 February 2022, shows the applicant was honorably discharged from the USAR, effective 27 March 2022 by reason of being found medically unfit for retention in accordance with Army Regulation 40-501 (Standards of Fitness). 3. The applicant provides the following documents for the Board's consideration: a. The FY 2016, CPT Army Competitive Categories, Selection Board Results, release date 18 August 2016, which contains the applicant's name with a sequence number of 3678. c. ORB dated 10 September 2016, which shows the applicant's military education, assignment information, awards, and civilian education. The ORB is available for the Board's consideration. d. Email traffic between the applicant and HRC, wherein the applicant was requesting his DOR to CPT be corrected. HRC explained they could not back date his DOR and he would have to apply to the Board for correction. The complete emails are available for the Board's review. BOARD DISCUSSION: 1. The effective date of promotion is established under law by Title 10, U.S. Code and is approved by the SECDEF. This Board, acting under the authority of the Secretary of the Army, does not have the authority to change the effective date. However, for administrative purposes, such as time in grade for promotion consideration, this Board may adjust an officer's DOR. Such an adjustment does not affect the effective date of promotion for the purpose of pay and allowances. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. On possible outcome was to deny relief, However, the majority of the Board members determined that Based upon the preponderance of the evidence provided, this Board agreed the authority to promote service members exceeds their authority, however, authority to remedy errors or injustices in reference to dates of rank and effective dates of rank for pay and allowances affecting promotions is given to the Service Secretaries. As such, the ABCMR possesses the authority to adjust the effective date of rank/promotion in this case. Based on the preponderance of the evidence available for review, the Board determined the evidence presented sufficient to warrant recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show his date of rank to rank/grade of captain (CPT)/O-3 as 27 December 2016. 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) paragraph 2-4 (Date of rank of 1LTs and above on placement on the reserve active status list) states an officer on the active duty list (ADL) who has been selected for promotion but who has not been promoted by the time the officer transfers to the Reserve active—status list (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 date of rank if he or she determines an inequity in the foregoing procedure exists. Table 2-1 (Time in grade requirements commissioned officers, other than commissioned warrant officers) shows 1LT to CPT minimum two years and maximum 5 years in the lower grade. 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// ABCMR Record of Proceedings (cont) AR20220002566 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1