IN THE CASE OF: BOARD DATE: 2 March 2023 DOCKET NUMBER: AR20220004906 APPLICANT REQUESTS: correction of her Date of Rank (DOR) to captain (CPT)/O-3. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * University Certificate, 22 May 1988 * Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, United States Code, Section 591 and Section 593, 10 June 1988 * Memorandum – Subject: Promotion as a Reserve Commissioned Officer of the Army * Certificate, 20 December 1991 * Memorandum – Subject: Promotion as a Reserve Commissioned Officer of the Army, 30 July 1998 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 1 September 2007 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part that she was qualified for promotion to CPT long before being promoted on 25 June 1998. She contests that during that time the promotion system was being revised resulting in her delayed promotion to CPT. Further, she had already completed the Officer Basic Course (OBC) and the Officer Advanced Course by 1991, thereby making her educationally qualified. She was also administratively qualified since her records did not contain a suspension of favorable personnel actions flag or an Officer Evaluation Report reflective of unfavorable comments. ? 3. A review of the applicant's available service records reflects the following: a. On or about 22 May 1988, the applicant's Bachelor of Arts Degree was conferred at the University. b. On 10 June 1988, the applicant was appointed a Reserve commission at the rank of second lieutenant (2LT)/O-1. c. On or about 16 December 1988, the applicant completed the Tank/Automotive Material Management OBC. d. On 9 June 1991, the applicant was promoted to first lieutenant (1LT) with a DOR of 9 June 1991. e. On 20 December 1991, the applicant completed the Ordnance Maintenance Management Officer Advanced Course. f. On 25 June 1998, the applicant was promoted to CPT with a DOR of 25 June 1998. g. On 22 November 2006, the applicant was appointed as a 56A (Chaplain). h. On 29 March 2011, the U.S. Army Human Resources Command (HRC) issued Orders Number B-03-101859 announcing the applicant's promotion to major (MAJ)/O-4 with a DOR of 18 February 2011. i. On 7 April 2017, HRC issued Orders Number B-04-702124 announcing the applicant's promotion to lieutenant colonel (LTC)/O-5 with a DOR of 17 March 2017. j. On 20 July 2022, HRC issued Orders Number B-07-203636 announcing the applicant's promotion to colonel (COL)/O-6 with a DOR of 26 May 2022. 4. The applicant provides: a. Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, United States Code, Section 591 and Section 593 dated 10 June 1988, reflective of the applicant being appointed as a 21A (Engineer) Reserve commissioned officer. b. DD Form 214, period ending on 1 September 2007, reflective of the applicant's service on active duty to complete the Chaplain Basic Course conducted during the period of 3 June 2007 – 1 September 2007. 5. On 25 November 2022, the HRC, Chief, Officer Promotion Board Announcements, Support and Promotion Orders, provided an advisory opinion noting that they were unable to determine if merit was probable pertaining to the applicant's request due to a lack of documents and information. As such, they request that the applicant be required to provide additional information to support her request to establish probability. Her statement of advancement to 1LT and being qualified for promotion to CPT before orders were published is simply not enough. 6. On 7 December 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. 7. On 20 December 2022, the applicant responded acknowledging the latency of her initial inquiry noting that she was in the Individual Ready Reserve (IRR) from 1994 – 1997; promoted to 1LT in June 1991. She notes that while she was in the IRR, she received a letter indicating that she was promoted to CPT. However, immediately after this letter was received, she received an additional letter which stated that promotion orders were being placed on hold due to a revision of the promotion system. Unfortunately, she no longer has a copy of this documentation. This letter is further provided in its entirety within the applicant's supporting documents for the Boards review. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based upon the findings of the HRC advisory opinion and the lack of supporting documentation requested from the applicant, the Board concluded there was insufficient evidence of an error or injustice warrant a correction to the applicant’s date of rank. 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. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) in effect at that time provides policy and procedures for the selection and promotion of commissioned officers of the Army National Guard of the United States (ARNG) and the U.S. Army Reserve (USAR). To be eligible for promotion to CPT, officers must have completed a minimum of 4 years in the lower grade or have completed a maximum of 6 years of commissioned service. To be educationally qualified, the officer must have completed OBC. An officer is qualified for promotion if in an active status, participating satisfactorily and there are no grounds for removal from the service. For promotion purposes, satisfactory participation consists of full compliance with all of the commander's instructions. A commissioned officer is also required to meet certain educational requirements unless an exception is authorized. Selection for promotion is a recognition of potential for service in the higher grade. It is not a reward for past service. Paragraph 4-15 (Promotion Eligibility Date (PED) and Date of Rank (DOR)) provides that the PED is the date the officer meets the eligibility criteria for promotion to the next higher grade. The Officer must meet the mandatory service requirements and promotion eligibility requirements. The DOR is the date the member actually or constructively was appointed or promoted to a specific grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004906 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1