IN THE CASE OF: BOARD DATE: 11 October 2022 DOCKET NUMBER: AR20220001722 APPLICANT REQUESTS: correction of her date of rank (DOR) to first lieutenant (1LT)/O-2 from 19 May 2021 to 19 October 2020. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 71 (Oath of Office), dated 18 April 2019 * Orders Number 116-540, dated 26 April 2019 * Orders Number 283, dated 29 September 2020 * DA Form 71, dated 6 November 2020 * DA Form 71, dated 12 November 2020 * Orders Number B-06-102496, dated 11 June 2021 * Email Messages FACTS: 1. The applicant states in effect, she was commissioned via the Army National Guard (ARNG) Officer Candidate School (OCS) in the Alabama Military Academy. Her original DA Form 71 is dated 18 April 2019. She then switched to the U.S. Army Reserve (USAR) and was told she had to sign another DA Form 71, dated 12 November 2020. This caused her promotion to 1LT to be late, dated 19 May 21, which was 25 months after her commissioning, instead of 19 October 2020, which was 18 months after her commissioning. After going through her battalion S-1, she was told the DOR awarded is based on the approval date of the 1LT USAR scroll, and they could not backdate the 1LT DOR. She believes the issue was caused by her being told to sign a new DA Form 71 when transferring to the USAR from the ARNG. She is worried this will affect her promotion in the future and potentially her career. 2. The applicant's service record contains the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows she enlisted in the USAR delayed entry program (DEP), on 31 March 2011 for a period of 8 years. On 11 October 2011, she was discharged from the USAR DEP and entered active duty for a period of 5 years. b. DD Form 1695 (Oath of Extension of Enlistment, dated 29 July 2014 showing she extended her enlistment for a period of 9 months. c. DD Form 4 showing enlisted in the ARNG on 21 September 2017 for a period of 6 years. The form further states the applicant understood that the effective date of her enlistment was one day following her current expiration term of service date of 10 March 2018, therefore the effective date of her enlistment was 11 March 2018. d. DA Form 4187 (Personnel Action) dated 30 November 2017 shows she would be administratively accessed into the Alabama ARNG on 11 March 2018. e. DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 March 2018, which shows she was honorably released in the rank of staff sergeant and had completed 6 years and 5 months of active duty service. She was transferred to her ARNG unit and was released for completion of required active service. f. DA Form 4187 dated 3 May 2018, which changed her last name to her married last name. g. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), which shows she entered the ARNG on 11 March 2018 and was released on 17 April 2019. She had completed 1 year, 1 month, and 7 days of net service this period with 6 years and 5 months of prior active federal service. She was honorably discharge for appointment as a commissioned or warrant officer. h. DA Form 71 dated 18 April 2019, which shows she was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT)/O-1. i. Orders Number 116-520 dated 26 April 2019, issued by the Joint Force Headquarters Alabama ARNG which show she was discharged from the ARNG, effective 17 April 2019 to accept appointment as a commissioned/warrant officer. j. Orders Number 116-540 dated 26 April 2019, issued by the Joint Force Headquarters Alabama ARNG appointed her as a 2LT in the ARNG. k. DA Form 1059 (Service School Academic Evaluation Report) dated 6 May 2020, which shows the applicant completed the Military Police Basic Officer Leader Course. l. DD Form 214 for the period ending 8 May 2020, which shows she was a member of the ARNG and entered active duty on 3 January 2020. She had completed 4 months and 6 days of active duty service and was honorably released to her ARNG unit for completion of her required active service. m. Special Orders Number 283 dated 29 September 2020 issued by the NGB, which show she received federal recognition in the rank of 2LT, effective on with a DOR of 18 April 2019. The purpose was initial appointment. n. DA Form 71 dated 6 November 2020, which shows she was commissioned as a Reserve commissioned officer in the rank of 2LT. o. Orders Number 0000808674.00 dated 12 November 2020, which show the applicant was transferred to the USAR Control Group (Individual Ready Reserve (IRR)), effective 12 November 2020. The assignment loss reason was reassignment from the ARNG. p. NGB Form 22 which shows she entered the ARNG on 18 April 2019 and was released from the ARNG to the USAR IRR on 12 November 2020. She had completed 3 years of net service this period. She was honorably released due to resignation. q. DA Form 71 dated 12 November 2020, which shows she was appointed as a Reserve commissioned officer as a 2LT. r. Special Orders Number 351 issued by the NGB dated 19 November 2020, which shows she had transferred to the USAR, effective 12 November 2020. s. Orders Number C-12-015908 issued by the U.S. Army Human Resources Command (HRC) dated 21 December 2020, which show she was released from the USAR Control Group (Reinforcement) and was voluntarily assigned to a USAR unit, effective 14 December 2020. t. Orders Number B-06-102496 issued by HRC dated 11 June 2021, which show she was promoted to the rank of 1LT, effective on with a DOR of 19 May 2021. 3. The applicant provides email messages, which state in effect: a. A message from the Brigade S1, dated 22 November 2021 which states the applicant previously served in the ARNG. As a result, she has two Commissioning Oaths, which affect her DOR. He requested her DOR be updated to reflect her original commissioning date. b. A message from HRC dated 26 November 2021, which states in effect, the DOR awarded is a based on the approval date of the 1LT USAR scroll, and they could not backdate the DOR. She could apply to the Board for correction. 4. In the processing of this case, an advisory opinion was obtained on 9 August 2022, from the Chief, Officer Promotions, HRC. The advisory states in effect: a. Based on a review of the documents received, HRC's current records, laws, regulations, policies, and the systems available to HRC Officer Promotions Branch, they found the applicant's request to adjust her DOR had merit in part. b. The applicant elected to transfer form the ARNG to the USAR, prior to being promoted to 1LT, this transfer appeared to have evoked the two-part process of her first being approved for assessment/appointment via scroll to the USAR followed second by an approved scroll for promotion to 1LT by the Secretary of Defense. Prior to electing to transfer, the applicant should have been provided with the option to extend or delay her transfer form the ARNG to the USAR until her promotion to 1LT had occurred. c. If it were possible to process both scrolling actions, at the same time, or grandfather an appointment ARNG promotion scroll, there would have been more than a reasonable chance she would have been promoted 18 months after appointment. They recommend the applicant be granted full relief and her 1LT DOR and effective date be adjusted to 18 October 2020, unless proven otherwise ineligible. 5. The applicant was provided a copy of this advisory opinion on 10 August 2020, to provide her an opportunity to comment and/or submit a rebuttal. She 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 warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that the applicant elected to transfer from the ARNG to the USAR, prior to being promoted to 1LT. This transfer appeared to have evoked the two-part process of her first being scrolled for appointment to the USAR followed second by an approved scroll for promotion to 1LT by the Secretary of Defense. Prior to electing to transfer, the applicant should have been provided with the option to extend or delay her transfer from the ARNG to the USAR until her promotion to 1LT had occurred. The Board agreed with the advisory official’s finding that if it were possible to process both scrolling actions, at the same time, or grandfather an appointment ARNG promotion scroll, there would have been more than a reasonable chance she would have been promoted 18 months after appointment. The Board agreed that, provided she was fully eligible, her 1LT DOR and effective date should be adjusted to 18 October 2020. 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: The Board determined the evidence presented is 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 by amending Orders B-06- 102496, issued by the U.S. Army Human Resources Command on 11 June 2021 to show her date of rank and effective date of promotion to 1LT as 18 October 2020. 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) provides the policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). Table 2-1 (Time in Grade (TIG) Requirements Commissioned Officers, Other than Commissioned Warrant Officers) provides that the minimum TIG for promotion to First Lieutenant (1LT) is 24 months with a maximum TIG of 42 months. Officers are also required to have completed the Basic Officer Leadership Course prior to being promoted. 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 Reserve Active Status List (RASL) officers. However, the Secretary of the Army may set the DOR if he or she determines an inequity in the foregoing procedure exists. 2. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides that 2LTs will be considered for promotion at 18 months TIG. 3. 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) AR20220001722 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1