IN THE CASE OF: BOARD DATE: 23 August 2023 DOCKET NUMBER: AR20230001697 APPLICANT REQUESTS: in effect – * correction of her promotion effective date and Date of Rank (DOR) to first lieutenant (1LT)/O-2, from 18 October 2022 to 19 September 2021 * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant's statement * Memorandum, Subject: Promotion of Reserve Component (RC) Officers to 1LT and Chief Warrant Officer Two (CW2), 14 December 2009 * DA Form 71 (Oath of Office – Military Personnel), 20 March 2020 * DA Form 1059 (Service School Academic Evaluation Report), 27 August 2021 * DA Form 71, 4 January 2022 * Email communication between the applicant, U.S. Army Human Resources Command (HRC), and 84th Training Command G-1, February, March, and April 2022 * Orders Number B-10-206089, 28 October 2022 * Email communication between the applicant, HRC, and 88th Readiness Division G-1, 28 October 2022 * DA Form 5016 (Chronological Statement of Retirement Points), 1 May 2023 FACTS: 1. The applicant states, in effect: a. She is requesting correction of her 1LT promotion order effective date and the DOR from 18 October 2022 to 19 September 2021. To comply with regulatory and policy requirements and to treat her promotion with fairness and equality (as it relates to other promotion eligible lieutenants). b. On 28 October 2022 her promotion order was published. The same day, her G-1 representative, Chief Warrant Officer Three , was questioning the effective date. HRC responded that the DOR is the date of the approved scroll and referred her to the Army Review Board Agency (ARBA) for appeal. c. Per Department of the Army Policy dated 14 December 2009, Promotion to Reserve Component Officers to 1LT, "qualified second lieutenant (2LT) will be automatically promoted.to 1LT when they meet 18-months TIG (time in grade) and complete the Basic Officer Leadership Course (BOLC)." Her initial appointment happened on 20 March 2020. Therefore, her 18-months TIG was 19 September 2021. In addition, she completed BOLC on 27 August 2021. Thus, she was eligible on 19 September 2021 for her 1LT automatic promotion. d. Delays, outside of her control happened during her promotion process. First, in June of 2021, she started her conditional release process from the Wisconsin Army National Guard (WIARNG) to the U.S. Army Reserve (USAR). Unfortunately, it was a very time-consuming action. She was finally released on 4 January 2022. While her conditional release was pending, she qualified for her 1LT promotion on 19 September 2021. The second delay happened because of the time-consuming scroll process. Due to unknown reasons, she was not added to the scroll by HRC until April 2022. e. Considering the DA Policy referenced above, processing delays that were outside of her control, her eligibility throughout the process, and the fact that this promotion is automatic, she should not be treated differently compared to other 1LTs who got their promotion on time due to the fact that they were in the USAR during promotion eligibility time. 2. A review of the applicant's military record shows the following: a. She enlisted in the USAR on 3 May 2012. b. On 7 November 2019, she enlisted in the WIARNG c. On 18 March 2020, National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition (FEDREC) Examining Board) shows a FEDREC Examining Board recommended the applicant be granted FEDREC for appointment in the rank/grade of 2LT/O-1. d. On 20 March 2020 – * DA Form 71 shows she was appointed as a Reserve commissioned officer and executed an oath of office * NGB Form 337 (Oaths of Office) shows she executed an additional oath of office and was appointed as a 2LT in the WIARNG e. On 3 April 2020 – * WIARNG published Orders Number 0000303366.00 which discharged the applicant to accept an appointment as a commissioned officer in the WIARNG, effective 19 March 2020 * WIARNG published Orders Number 0000305053.00 which rehired the applicant and appointed her as a 2LT in the WIARNG, effective 20 March 2020 f. On 7 August 2020, the NGB published Special Orders Number 235 which extended FEDREC in the Army National Guard to the applicant and appointed her as a 2LT, effective on with a DOR of 20 March 2020. g. On 27 August 2021, DA Form 1059 shows the applicant achieved course standards and completed the Ordnance (Logistics) BOLC. h. On 4 October 2021, DA Form 4187 (Personnel Action) shows the applicant requested a conditional release to the USAR and her chain of command recommended approval. i. On 3 January 2022 – * DD Form 368 (Request for Conditional Release) shows the applicant's conditional release was approved * NGB Form 22 (Report of Separation and Record of Service) shows the applicant was released from the WIARNG by reason of resignation and transferred to the USAR Control Group (Reinforcement) j. On 4 January 2022, DA Form 71 shows she was appointed as a Reserve commissioned officer in the grade of O-1E (second lieutenant with prior enlisted service) and executed an oath of office. k. On 28 October 2022, HRC published Orders Number B-10-206089 which promoted the applicant to 1LT, effective on with a DOR of 18 October 2022. 3. The applicant provides: a. An Office of the Chief, Army Reserve, G-1 Memorandum, Subject: Promotion of RC Officers to 1LT and CW2, dated 14 December 2009, which states, in pertinent part, all Army Reserve officers in the rank of 2LT, if otherwise qualified, will be automatically promoted by the HRC Office of Promotions (RC) to 1LT when they meet the 18-month TIG requirement for promotion and complete the BOLC. b. Email communication between the applicant, HRC, and 84th Training Command G-1, during the months of February, March, and April 2022 discussing the applicant's promotion request, process timeline, and the admin, promotion, and appointment scroll process. c. Email communication between the applicant, HRC, and 88th Readiness Division G-1, dated 28 October 2022, discussing, in pertinent part, the earliest DOR the USAR can award is the scroll approval date of the 1LT USAR scroll. If the applicant felt an error or injustice had occurred, she could request relief from ARBA. d. DA Form 5016 dated 1 May 2023 which provides the applicant's RC detailed listing of retirement points earned in the previous completed anniversary years. 4. On 21 May 2023, the HRC, Chief, Officer Promotions Board Announcements, Support and Promotion Orders, provided an advisory opinion and stated: a. Based on a review of the information provided, their records, laws, regulations, policies, and the systems available to HRC Officer Promotions, we find that the applicant's request to adjust her DOR does have merit. b. The applicant's prior complications fall under an unusual delay at no fault of the officer, had her request for release from the ARNG to the USAR been completed and approved in a timelier manner, there may have been more than a reasonable chance in which HRC would become aware and submit her respective appointment scroll for approval sooner. c. The applicant was not denied promotion to 1LT; therefore, we recommend that she be granted full relief, and her DOR and effective date be retroactive to her original promotion eligibility date of 19 September 2021 (unless proven otherwise ineligible). 5. On 26 May 2023, the applicant was provided a copy of the HRC advisory opinion to allow for comments or rebuttal. She did not respond. BOARD DISCUSSION: 1. 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 U.S. Human Resources Command, Officer Promotion Board Announcements, Support and Promotion Orders advisory, the Board concurred with the advising official finding the applicant was not denied promotion to 1LT; therefore, we recommend that she be granted full relief, and her DOR and effective date be retroactive to her original promotion eligibility date of 19 September 2021. Based on the evidence provided and the HRC advisory, the Board determined there was sufficient evidence to grant full relief to correct her promotion effective date and Date of Rank (DOR) to first lieutenant (1LT)/O-2, from 18 October 2022 to 19 September 2021. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 adjusted to show the applicant’s DOR to 1LT/O-2 and have her effective date be retroactive to her original promotion eligibility date of 19 September 2021. Recommend DFAS–IN determined exact arrears payment. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Army Regulation (AR) 15-185 (ABCMR), states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases based on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Paragraph 2–11 states that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the officer promotion function of the military human resource support operations for officers on the Reserve Active Status List (RASL) and USAR warrant officers. Chapter 4 (Precedence and Date of Rank), paragraph 4–1 (DOR) states: a. DOR is used to determine the eligibility of officers on the RASL for promotion. b. The Deputy Chief of Staff (DCS), G-1 establishes the criteria used to determine the DOR and Promotion Eligibility Date (PED). Designation of DOR and PED not anticipated by a provision of this regulation will be determined on an individual basis by the DCS, G-1 or his or her designee. (1) Except as indicated below, HRC will determine DOR and PED prescribed in this regulation. The following documents must be submitted for those officers whose DOR and PED will be determined by HRC: DA Form 1506 (Statement of Service); DD Form 214 (Certificate of Uniformed Service); DA Form 5016 (Chronological Statement of Retirement Points); letter orders on transfers between Reserve Control Groups or units; and U.S. Army Reserve promotion letters for all officers in the categories described in this regulation. Upon placement on the RASL, officers must show due diligence and comply with the instructions on their orders to request a DOR determination. The request must be submitted no later than 24 months after being placed on the RASL unless officer can explain excessive delay based upon exigent circumstances. (2) The DOR of officers not managed by HRC will be jointly determined by the CG, HRC, and The Surgeon General, TJAG, or the Chief of Chaplains, as appropriate. 3. Title 10, United States Code, section 14303 (Eligibility for consideration for promotion: minimum years of service in grade) states, officers in Pay Grades O-1 and O-2 who is on the RASL of the Army, Navy, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant as a Reserve officer of the Army, Air Force, or Marine Corps, or in the grade of ensign or lieutenant (junior grade) as a Reserve officer of the Navy, may not be promoted to the next higher grade, or granted Federal recognition in that grade, until the officer has completed the following years of service in grade: a. Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign. b. Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant (junior grade). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001697 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1