IN THE CASE OF: 

		BOARD DATE: 3 January 2024

		DOCKET NUMBER: AR20230006637


APPLICANT REQUESTS:  to amend his Date of Rank (DOR) for promotion to first 
lieutenant (1LT)/O-2 from 10 March 2020 to 2 November 2019. A personal appearance 
before the Board.

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:

	a.  He is requesting his promotion to 1LT be backdated from 10 March 2020 to 
2 November 2019.

	b.  He was flagged on 25 October 2019 by his commander for being delinquent in 
medical and dental readiness. He was never notified of this flag, and he immediately 
scheduled his appointments when informed he was delinquent in both areas. 

	c.  He populated green in both categories in his health records on 2 November 2019; 
however, when the U.S. Army Human Resources Command (AHRC) reached out to his 
command for a DA Form 268 (Suspension of Favorable Personnel Actions (Flag)) to 
remove the flag after he attended his appointments, no one from his unit provided a DA 
Form 268 removing the flag until March of the next calendar year. 

	d.  This has now caused his career path to be delayed by four months, making him 
unable to be promoted to captain with his commissioning year group. 

2.  The applicant's service record contains:

	a.  Memorandum, Subject: Appointment as a Reserve Commissioned Officer, dated 
11 May 2018, informing the applicant he was appointed a Reserve of the Army Officer. 

	b.  DA Form 71 (Oath of Office - Military Personnel), dated 11 May 2018, shows the 
applicant completed the oath of office and was appointed as a Reserve commissioned 
officer in the rank/grade of second lieutenant (2LT)/O-1. 

	c.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the 
applicant, in the rank of 2LT, entered active duty, as a member of the U.S. Army 
Reserve, on 28 January 2019 and was honorably released for completion of active-duty 
training on 18 June 2019. Item 14 (Military Education) shows "Engineer Basic Officer 
Leadership Course, 19 weeks, 2019."

	d.  Orders Number B-06-003591, published by AHRC, dated 9 June 2020, promoted 
the applicant to the rank/grade of 1LT/O-2, effective on with a DOR of 10 March 2020.

	e.  The applicant's service record was void of DA Forms 268 flagging him or 
removing the flag. 

3.  On 14 September 2023, Headquarters, U.S. Army Reserve Command (USARC), 
Chief, Military Personnel Division, provided an advisory opinion, which states, in effect:

	a.  It was USARC's opinion that, after careful consideration of available records, the 
applicant's request warrants full relief.

	b.  The applicant's Health Readiness Record reflects that he completed an annual 
Periodic Health Assessment on 2 November 2019. In accordance with Army Regulation 
(AR) 600-8-2 (Suspension of Favorable Personnel Actions (Flag)), paragraph 2-9b(15), 
the flag should have been removed on the date of compliance, 2 November 2019. 
However, the unit did not remove the flag until 10 March 2020. 

	c.  Based on that, USARC recommended the applicant's promotion order be 
amended to reflect a DOR of 2 November 2019, provided he was otherwise qualified. 

4.  The advisory opinion included the applicant's flag history, which shows he was 
flagged on 28 October 2019 and the flag was removed on 10 March 2020. 

5.  On 29 September 2023, the advisory opinion was provided to the applicant to allow 
him the opportunity to respond. He 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 the 
Headquarters, United States Army Reserve Command – Military Personnel Division 
advisory opinion, the Board concurred with the advising official finding the applicant’ 
completed his annual periodic health assessment (PHA) on 2 November 2019. The 
opine noted the flagging action should have been removed on the date of compliance. 
However, evidence shows the applicant’s unit did not remove the flag until 10 March 
2020.  The Board found the applicant was qualified for promotion and agreed his 
promotion order should be amended to reflect his date of rank as 2 November 2019. 
Based on this, the Board granted relief to amend the applicant’s date of rank.

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 his promotion to first 
lieutenant (1LT)/O-2 as 2 November 2019.  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.


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.

   a.	A Service Secretary may "adjust the date of rank of an officer, appointed to a 
higher grade, if the appointment of that officer to the higher grade is delayed by unusual 
circumstances." 

   b.	What constitutes "unusual circumstances" will, generally, be for the Board to 
determine based on the available evidence, which often includes an advisory opinion. 

   c.	There may be cases (specifically correction of constructive credit that affects 
original appointment grade) where relief is not possible because an appointment to a 
higher grade has not yet occurred. In those cases, the Board should be advised of the 
limits of its authority. The Board may also be advised that the applicant can submit a 
request for reconsideration after he or she has been appointed to a higher grade.

3.  The ABCMR may correct an officer's date of rank/effective date of rank when a 
proper appointment has already occurred. Title 10 USC 624 and 741 provide for 
situations in which properly appointed officers are provided "backdated" dates of rank 
and effective dates to remedy errors or inequities affecting their promotion. The 
authority to remedy these errors or inequities is given to the Service Secretaries. 

4.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in 
its discretion, hold a hearing or request additional evidence or opinions. Additionally, it 
states in paragraph 2-11 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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230006637


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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