IN THE CASE OF: 

		BOARD DATE: 17 February 2023

		DOCKET NUMBER: AR20220007981


APPLICANT REQUESTS:  to have his Date of Rank (DOR) to first lieutenant (1LT) 
backdated.

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

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 71 (Oath of Office – Military Personnel), 11 March 2018
*	Special Orders Number 187 AR, 10 August 2018
*	DA Form 1059 (Service School Academic Evaluation Report), 4 December 2018
*	Orders Number B-11-106667, 23 November 2021

FACTS:

1.  The applicant states in pertinent part that his assigned unit failed to forward his 
promotion packet for Federal Recognition. He was advised that his subsequent unit 
would submit his packet; this did not occur. He joined the U.S. Army Reserve (USAR) 
and was promoted to 1LT however his DOR was not properly adjusted. He denies being 
flagged at any time.

2.  A review of the applicant's available service records reflects the following:

   a.	On 8 March 2018, the applicant was appointed a Reserve commission at the 
rank of second lieutenant (2LT).

   b.	On 10 August 2018, the National Guard Bureau (NGB) issued Special Orders 
Number 187 announcing Federal Recognition of the applicant's initial appointment in the 
MSARNG with a DOR of 8 March 2018.

   c.	On 4 December 2018, the applicant completed the Military Intelligence Basic 
Officer Leader Course.

   d.	On 27 January 2021, MSARNG issued Orders Number 0000955867 transferring 
the applicant to the USAR, effective 26 January 2021.

   e.	On 23 November 2021, the U.S. Army Human Resources Command issued 
Orders Number B-11-106667 announcing the applicant's promotion to 1LT with a DOR 
of 21 October 2021.

3.  On 13 January 2023, the NGB, Chief, Special Actions Branch provided an advisory 
opinion recommending approval of the applicant's request noting that the MSARNG's 
Officer Personnel Manager (OPM) concurs with the applicant's request to backdate his 
1LT DOR. The OPM further states the fault was on the Chain of Command for not 
submitting a promotion packet for the Soldier prior to his conditional release. Also, there 
was a year window in which the promotion should have been actioned. Based on the 
appropriate promotion timeline, an effective DOR of 8 September 2019 (18 months' 
Time in Grade (TIG)) to 1LT should be granted.

4.  On 23 January 2023, the applicant was provided with a copy of the advisory opinion 
and afforded 15 days to provide comments. As of 14 February 2023, the applicant had 
not responded. 


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 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 (NGB), Chief, Special Actions Branch advisory opinion, the 
Board concurred with the advising official recommending approval of the applicant's 
request to backdate his 1LT DOR. The OPM further states the fault was on the Chain of 
Command for not submitting a promotion packet for the Soldier prior to his conditional 
release.  Evidence show there was a year window in which the promotion should have 
been actioned.  The Board determined, based on the appropriate promotion timeline, an 
effective DOR of 8 September 2019 (18 months' Time in Grade (TIG)) to 1LT should be 
granted. Therefore, relief was granted to have the applicant’s Date of Rank (DOR) to 
first lieutenant (1LT) backdated.


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 to show on the appropriate 
promotion timeline, an effective Date of Rank (DOR) of 8 September 2019 (18 months' 
Time in Grade (TIG)) to 1LT.


	 
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 600-8-29 (Officer Promotions) provides the officer promotion 
function of the military personnel system. It further provides principles of support, 
standards of service, policies, tasks, rules, and steps governing all work required in the 
field to support officer promotions. Paragraph 3-15 (Compute Promotion Eligibility Date 
for Promotion to First Lieutenant) provides that promotion eligibility to 1LT is computed 
according to which of the following applies first: 

*	18 months of active duty service as a 2LT on the Active Duty List (ADL)
*	The day before the 2nd anniversary of the 2LT Active DOR (ADOR) 

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)	AR20220007981


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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