IN THE CASE OF: BOARD DATE: 11 August 2023 DOCKET NUMBER: AR20230000747 APPLICANT REQUESTS: adjustment of her Date of Rank (DOR) for promotion to first lieutenant (1LT)/O-2 to 16 June 2022. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states, in effect, she was supposed to be promoted to 1LT on 16 June 2022. At the time of her application, she had not received her promotion orders. She was originally mis-branched at her commission. Her branch was corrected to Army Nurse in April 2022. She believes this is what caused the delay in her automatic promotion. 2. The applicant's service record contains the following documents for the Boards consideration: a. DA Form 71 (Oath of Office - Military Personnel) shows she completed the oath of office as a reserve commissioned officer in the rank of second lieutenant (2LT)/O-1 on 16 December 2020. b. DA Form 1059 (Service School Academic Evaluation Report), dated 2 December 2022 shows the applicant attended and completed the Reserve Component Basic Officer Leader Course from 8 November 2022 through 2 December 2022 hosted by the U.S. Army Medical Center of Excellence. c. Orders Number 0004066130.00, published by the Department of the Army, dated 23 February 2023 promoted the applicant to 1LT, effective 15 November 2022. 3. On 25 July 2023, the U.S. Army Human Resources Command (AHRC) provided an advisory opinion for the Board's consideration, which states, in effect: a. Based on a review of the information provided, their records, laws, regulations, policies and the systems available to AHRC Officer Promotions, they found the applicant's request to adjust her DOR may have merit, in part. b. The applicant was identified on the 3rd Quarter, Fiscal Year (FY) 2022, 1LT, U.S. Army Reserve (USAR) nomination scroll as an Aviation branch officer, the scroll was approved effective 28 January 2022; however, her military personnel record did not contain a DA Form 1059 (Service School Academic Evaluation Report) for completion of Aviation Basic Officer Leadership Course, a requirement for promotion to 1LT under aviation. c. AHRC subsequently discovered on or about 1 July 2022, the applicant's Area of Concentration (AOC) had changed to the specialty field of Medical Corps as an Army Nurse, which required a new 1LT, USAR Appointment scroll. d. The applicant's appointment scroll as an Army Nurse was approved by the Secretary of the Army on 15 November 2022, the current effective date of her 1LT promotion. Be advised, the completion of Officer Basic Leadership Course is not a requirement for promotion to 1LT for this Area of Concentration (AOC). e. The applicant's prior complications should fall under an unusual delay at no fault of the applicant. If the Aviation branch AOC was assigned in error, the applicant should have been coded as unassigned branch on the FY 2022, 3rd Quarter scroll and promoted to 1LT with the effective date and DOR of 15 June 2022, 18 months time in grade date. f. The applicant was not denied promotion to 1LT, therefore, AHRC recommended she be granted full relief and her DOR and effective date be retroactive to her original promotion eligibility date of 15 June 2022 (unless otherwise ineligible). 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 contentions, the military record, and regulatory guidance. The Board concluded that through no fault of her own, she was mis-branched from an Army Nurse to an Aviation branch officer, the unintended results of which, negatively impacted her career progression. Based on the documentation available for review, the Board concluded the evidence presented sufficient to show an error or injustice which warrants a correction to the record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :xx :xx :xx 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 Army records of the individual concerned be corrected by amending her effective date of rank to first lieutenant (1LT)/O-2 to 15 June 2022 with entitlement to back pay and allowances as determined by Defense Finance and Accounting Services. 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) Chapter 2 (Promotion Eligibility and Qualification Requirements) provides that an officer in the grade second lieutenant (2LT) or a USAR warrant officer in the grade of WO1 will be considered for promotion without review by a selection board. The officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed. Table 2-1 provides that the minimum time in grade requirement for promotion from 2LT to 1LT is 18 months. 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) AR20230000747 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1