IN THE CASE OF: 
BOARD DATE: 7 June 2023 
DOCKET NUMBER: AR20220008373 


APPLICANT REQUESTS: correction of his Date of Rank (DOR) for the rank/grade of first lieutenant (1LT)/O-2 to reflect 26 January 2021 vice 26 July 2021. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Orders Number 0000334883.00, 18 April 2020

•Memorandum: Subject: Final Line of Duty (LOD) Investigation, 13 May 2020

•DA Form 638 (Recommendation for Award)

•DA Form 1059 (Service School Academic Evaluation Report)



FACTS: 

1.The applicant states, in effect, he was promoted to 1LT on 26 July 2021 aftercompleting the Basic Officer's Leader Course (BOLC). However, he requests it beamended to reflect 26 January 2021 due to the following circumstances, which delayedhim from completing his BOLC within the 18-month time limit from his initial commissionon 26 July 2019. He states:

a.He sustained an injury during Army training to his left shoulder that requiredmajor shoulder reconstruction in October 2019. This injury and subsequent surgery resulted in him being on an injury profile without clearance to return to fully duty fitness until March of 2020.  

b.He requested and was approved for a branch transfer from the Corps of
Engineers to the Cyber Corps in April of 2020, 9 months after originally commissioning as a 2LT.  

c.After branch transferring, he was put on the COVID-19 mission to support the city
and State of New York for roughly three months. In all, approximately a year's worth of time had elapsed before he was eligible to attend BOLC. He attended the first Cyber BOLC class available in March of 2021 and graduated from the course in July 2021. Through course equivalency credit and his prior civilian education, he was able to be the first officer to complete the 9-month BOLC course in 4 months. He desires to maintain his grade along with his other class officers with regard to promotions and subsequent opportunities to serve our country. Having the DOR corrected to  
26 January 2021 will enable him to do so. 

2.The applicant's service record reflects the following documents:

a.On 26 July 2019, he commissioned as a Reserve officer with the New York Army


National Guard (NYARNG) and executed an oath of office. 

b.Orders Number 0000334883.00 issued by the NYARNG assigned him to the173rd Cyber Protection Team, effective 18 March 2020. 

c.Orders Number 122-039 issued by the Office of the Adjutant General ordered himto Full Time National Guard duty - Operational Support for COVID-19 from 
28 March 2020-1 April 2020. 

d.Orders Number 092-132 issued by the Office of the Adjutant General againordered him to Full Time National Guard Duty - Operational Support for 
COVID-19 from 2 April 2020 – 3 May 2020. 

e.On 13 May 2020, the NYARNG issued a LOD approval for an injury - glenoidfracture and dislocation of left shoulder while conducting Special Forces training. 

f.DA Form 1059 shows he attended and completed Cyber BOLC between
19 October 2020 and 26 July 2021. Item l (Comments) states he completed all requirements of Cyber BOLC. This document states, "Notably, [applicant] was able to earn constructive credit for the majority of the course work (including Cyber Common Technical Core), thus distinguishing himself and enabling him to graduate months ahead of schedule. While they do no grant grades for constructive credit, it is clear that his evaluation results would reflect this if he had not earned the credit. i.e. his 'intellect/critical thinking and problem solving' would be 'exceeds' or 'far exceeds." 

g.On 25 March 2022, Orders Number 0001739179.00 issued by the NYARNGpromoted him to the rank/grade of 1LT, effective on with a DOR of 26 July 2021. 

3.The applicant provides a DA Form 638 awarding him the Army CommendationMedal for his participation in operations for COVID-19 between 28 March 2020 to
15 May 2020.

4.On 5 May 2023, the National Guard Bureau, Chief, Special Actions Branch, inconjunction with the NYARNG, provided an advisory opinion recommending disapprovalof the applicant's request stating:

a.The applicant requests that his DOR and effective date of promotion be adjusted


from 26 July 2021 to 26 January 2021 due to circumstances that prevented him from completing BOLC within 24 months of commissioning.  

(1)The applicant claims he sustained an injury to his shoulder that required


reconstruction in October 2019 and delayed his ability to returned to full duty until March 2020.  

(2)The applicant also branched transferred from the Corps of Engineers tothe Cyber Corps on April 2020, which also delayed his ability to attend BOLC according to the applicant.  



(3)The applicant was put on the COVID 19 mission to support the City andState of New York for three months and was finally able to attend the first Cyber BOLC class available in March of 2021.  



b.Army Regulation (AR) 135-155 (Promotion of Commissioned Officers andWarrant Officers), paragraph 2-9 (1), states that Officers in the rank of second lieutenant (2LT) must have completed all phases of BOLC to be promoted to the rank of 1LT and captain. This is nonwaivable. It also does not grant an officer an affirmative right to be promoted. It merely sets the minimum requirements before an officer may be promoted.  



c.National Guard Regulation (NGR) 600-100 (Commissioned Officers - FederalRecognition and Related Personnel Actions) provides guidance to all Army  


National Guard 2LT, that Officer Basic Course (OBC) is the minimum military educational requirement criteria for promotion from 2LT to 1LT. It additionally identifies the minimum time grade of 18 month and completion of OBC to be promoted, and that the State Adjutant General retains the authority to disapprove the promotion. 

d.Title 10, United States Codes, section 14308(f) (Effective date of promotion afterFederal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended.  



e.NGR 600-100 provides procedures for processing applications for FederalRecognition. Paragraph 10-15b states that temporary Federal Recognition may be granted by a Federal Recognition Board (FRB) to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a state order for assignment to a position vacancy in a federally recognized unit of the ARNG. The FRB will forward the NGB Form 89 and allied documents to The Adjutant General. When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.  

f.It is the recommendation of this office that the applicant's DOR and effective date
of promotion remain as is. A review of the case conducted with the assistance of the NYARNG Office of Personnel Management office showed that the applicant then was not educationally qualified and therefore not eligible for promotion to the next higher grade of 1LT per AR 135-155 and NGR 600-100. Additionally, there is no exception to the educational requirement due to COVID as it pertains to officers. 

5.On 12 May 2023, the applicant was provided with a copy of the advisory opinion toprovide a response. He did not respond.

BOARD DISCUSSION: 

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, available military records, and 
National Guard Bureau- Chief Special Actions Branch advisory opinion, the Board concurred with the advising official finding the applicant was not educationally qualified and therefore not eligible for promotion to the next higher grade of 1LT per AR 135-155 and NGR 600-100. Additionally, the Board determined there is no exception to the educational requirement due to COVID as it pertains to Officers. Evidence shows the applicant was put on the COVID 19 mission to support the City and State of New 
York for three months and was finally able to attend the first Cyber BOLC class available in March of 2021. Based on this, the Board denied relief. 

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 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 for correction of the records of the individual concerned. 



Microsoft Office Signature Line...
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.NGR 600-100 (Commissioned Officers Federal Recognition and Related PersonnelActions):

a.Paragraph 8-9 (Promotion to 1LT) states the State must consider all 2LTs forpromotion and complete an NGB Form 78 (Recommendation for Promotion to 1LT/CW2) at 18 months, regardless if the 2LT is qualified and recommended for promotion. If a 2LT is not recommended for promotion at 18 months, the commander must submit an NGB Form 78 with a request for separation or a request for The Adjutant General (TAG) of the State to grant a 24-month extension. If the officer was retained but not promoted at 18 months, the unit commander must submit another NGB Form 78 at 24 months. If the officer is still not recommended at 24 months, the unit commander must forward a completed NGB Form 78 with a request for separation or a request for extension through the State G1 for TAG approval to 36 months. By statute, no extensions beyond 36 months are authorized. This process is required regardless of the reason for the officer being found not qualified for promotion. TAG of the officer's State may separate the officer rather than request an extension at any time after 18 months per Title 10, USC, section 14503.  

b.Paragraph 8-10 (Military education requirements for promotion) Military
Education (MILED) states for promotion to 1LT and captain BOLC is a requirement. 

2.  AR 135-155 (Promotion of Commissioned Officers and Warrant Officers) states in paragraph 2-9 (1), Officers in the rank of 2LT must have completed all phases of BOLC to be promoted to the rank of 1LT and CPT. This is nonwaivable. 
 
3.  Title 10, section 14308(f) (Effective date of promotion after Federal Recognition), states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended. 
 
//NOTHING FOLLOWS//