IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220004896 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge) to show – * he was promoted to the rank/grade of captain (CPT)/O-3 with an effective date and date of rank (DOR) of 1 October 2021 * all back pay and allowances APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 8 February 2022 * Self-authored statement * Fiscal Year 2021 (FY21) CPT, Army Competitive Categories, Fully Qualified Certification Results Release: 16 December 2021 FACTS: 1. The applicant states he was supposed to be promoted to CPT on 1 October 2021. The list did not come out until 16 December 2021. He left the Army on 15 December 2021, so his DD Form 214 ending on 15 December 2021 could not be updated at that time. His rank shows first lieutenant (1LT)/O-2). He requests the change of rank and back payment for 1 October 2021 to 15 December 2021. 2. Having had prior service, the applicant executed an Oath of Office and was appointed as Regular Army Commissioned Officer on 31 October 2017. 3. On 21 March 2019, Headquarters, U.S. Army Human Resources Command (HRC) published Orders Number 080-908 promoting the applicant to 1LT, effective on with a DOR of 30 April 2019. 4. On 11 May 2021, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell issued Orders Number 131-0204 reassigning the applicant to the Fort Campbell Transition Point with a report date and date of release from active duty on 15 December 2021. His rank was listed as 1LT. 5. On 15 December 2021, the applicant honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). DD Form 214 shows he was separated by reason of "completion of required active service" and he completed 4 years, 1 month, and 15 days net active service this period. Item 4a (Grade, Rate or Rank) shows 1LT; item 12i (Effective Date of Pay Grade) shows 30 April 2019; and item 18 (Remarks) states, in pertinent part, "REFRAD [released from active duty] pursuant to unqualified resignation constitutes officer's acceptance of appointment as a Reserve commissioned officer." 6. The applicant's record was void of orders promoting him to CPT, effective 1 October 2021, and he provided no evidence showing he was promoted to CPT on 1 October 2021. 7. On 16 December 2021, by memorandum published by HRC, the applicant was appointed as a Reserve commissioned officer. 8. The applicant provided a copy of FY21 CPT, Army Competitive Categories, Fully Qualified Certification Results Released on 16 December 2021 show he was selected for promotion to CPT and assigned sequence number 0159. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that there was sufficient documentation to show he was promoted to the rank of Captain (CPT) for the time period required; thereby warranting correction in this case. Such relief shall result in the payment of back pay and allowances for the associated period. 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: 1. 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 his DD Form 214 for the period ending 15 December 2021 by showing: * Block 4a (Grade, Rate or Rank), CPT and Block 4b (Pay Grade), O-3 * Block 12h (Effective Date of Pay Grade) 2021-10-01 2. The Board further determined that the applicant is entitled to all back pay and allowances effective the date of promotion, the amount of which to be determined by the Defense Finance and Accounting Service. 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 (AR) 600-8-29 (Officer Promotions) prescribes the officer promotion function of military human resources (HR) support operations. In pertinent part: a. Paragraph 3–2 (Processing the recommendations of promotion selection boards) states, promotion lists are subject to additional administrative review and are not to be construed as promotion orders. Accordingly, individuals should not assume that the structure of a list or the presence of a name on a list constitutes a firm forecast for promotion. Promotions will only be officially announced by HRC promotion orders. HRC will not promote those officers who are dropped from the rolls of the Army, separated, or retired before being promoted from the list without provisions for reinstatement on the list if they subsequently return to active duty. In accordance with Title 10 United States Code (USC), section 629(d), HRC will administratively remove those officers from the promotion list. b. Paragraph 3–3 (Promoting officers from centralized promotions lists) states, promotion sequence numbers for officers to be promoted will be announced in monthly Military Personnel (MILPER) messages. Following dispatch of the monthly promotion message, HRC will publish a consolidation of Department of the Army (DA) special orders. DA special orders will include grade and effective active date of rank (ADOR). c. Paragraph 3–4 (Authority to announce promotion of officers) states, the requirements for promotion orders prescribed in this regulation take precedence over conflicting instructions in other directives or regulations. Promotions for captain (CPT) through major general (MG) and chief warrant officer (CWO) grade chief warrant officer three (CW3) through chief warrant officer five (CW5) authorized in accordance with Title 10 USC, sections 624 and 578, respectively, will be published utilizing order format 300. d. Paragraph 3–5 (Accepting promotion) states, unless an officer declines a promotion in writing under the provisions of this regulation, he or she is considered to have accepted the promotion on the effective date announced in the promotion order. 2. Title 10, USC, Section 629(d) states, under regulations prescribed by the Secretary concerned, if an officer on the active-duty list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer's name shall be administratively removed from the list of officers recommended for promotion by a selection board. 3. MILPER Message Number 21-464, Release of the FY21 Active Component, Captain, Army Competitive Category, Fully Qualified Certification Process, dated 10 December 2021, states, in pertinent part, "the official promotion list will be released at 0730 hours Eastern Standard Time, 16 December 2021." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004896 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1