IN THE CASE OF:	  

		BOARD DATE:	  28 April 2009

		DOCKET NUMBER:  AR20080018688 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her date of rank (DOR) for first lieutenant be adjusted to May 2006.

2.  The applicant states, in effect, that she was commissioned as a second lieutenant on 7 May 2004 and that when she was eligible for promotion to first lieutenant in 2006 she was not on the scroll for the first lieutenant board in June 2006 because her second lieutenant DOR was incorrect in the system.  She was identified in the system as a sergeant/E-5 because it was never updated to second lieutenant after her commission in 2004.  She states that after her DOR was corrected in the system she was promoted to first lieutenant on 26 September 2006, 4 months after her initial eligibility.  She also points out that due to the error and delay, she would not meet the time in grade requirements needed to make the captain board in November 2008.

3.  The applicant provides a copy of her Simultaneous Membership Program Agreement, an enlistment contract, discharge orders, an NGB Form 22 (Report of Separation and Record of Service), an appointment certificate, an oath of office, an appointment letter, appointment orders, Federal recognition documentation, reassignment orders, separation orders, a DA Form 2-1 (Personnel Qualification Record), and DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 10 March 2006 and 28 June 2007 in support of her application.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Alabama Army National Guard on 31 December 2003.  On 6 May 2004, she was honorably discharged from the Army National Guard for appointment as a commissioned officer.  

2.  She was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 6 May 2004.  She was transferred from the USAR to the Alabama Army National Guard on 7 May 2004.  She was separated from the Army National Guard on 2 May 2006 and transferred to the USAR Control Group (Individual Ready Reserve (IRR)).

3.  The applicant was promoted to first lieutenant with a DOR of 26 September 2006.

4.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, St. Louis, Missouri.  The opinion states that the applicant was considered and selected for promotion by the 2006L Scroll List (SCRL) 5.  She was promoted with a DOR of 26 September 2006, the approval date of the scroll.  The applicant transferred from the National Guard to the IRR Control Group on 2 May 2006, prior to the convening date of SCRL3 and SCRL4 on 1 June 2006.  Based on her date of transfer she was eligible for consideration by both scrolls.  Had the applicant been considered and selected for promotion, she would have been promoted with a DOR of 22 June 2006, the approval date of both scrolls.  Due to the omission from the scrolls, it is recommended her DOR be changed to 22 June 2006.  If the applicant is approved for an earlier DOR, she will be eligible for promotion consideration to captain by a special selection board under the 2008 criteria.

5.  On 10 March 2009, a copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 11 March 2009, the applicant concurred with the advisory opinion.

6.  Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum, Subject:  Redelegation of Authority under Executive Order 12396, dated 9 December 1982, to appoint officers under section 624 of Title 10, U. S. Code, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the President’s authority to appoint military officers.  All military officer appointments under section 12203 of Title 10, U. S. Code, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005, shall also be submitted to the Secretary of Defense.

Scroll lists take approximately 90 to 120 days to be approved by the Secretary of Defense due to having to be processed through the following offices before being approved by the Secretary of Defense:  Office of the Deputy Chief of Staff for Personnel, Office of the Judge Advocate General, Director of Military Personnel Management, Deputy Chief of Staff for Personnel, Assistant Secretary of the Army, Director of the Army Staff, Secretary of the Army, Office of the Secretary of Defense, General Counsel of the Department of Defense, Deputy Assistant Secretary Defense Military Personnel Policy, Deputy Assistant Secretary of Defense Force Management Policy, and the Under Secretary of Defense Personnel and Readiness.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion states that the applicant was considered and selected for promotion by the SCRL5 and was promoted to first lieutenant with a DOR of 26 September 2006, the approval date of the scroll.  

2.  The advisory opinion also states that based on the applicant's date of transfer to the IRR on 2 May 2006, prior to the convening date of SCRL3 and SCRL4 on 1 June 2006, she was eligible for consideration by both scrolls.

3.  The advisory opinion states that had the applicant been considered and selected for promotion in a timely manner she would have been promoted with a DOR of 22 June 2006, the approval date of SCRL3 and SCRL4.  Therefore, it would be equitable to adjust the applicant's DOR for first lieutenant to 22 June 2006 and to submit her records to a duly constituted special selection board for promotion consideration to captain under the 2008 criteria in accordance with the advisory opinion's guidance.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting the applicant's DOR to first lieutenant to 22 June 2006 and to submit her records to a duly constituted special selection board for promotion consideration to captain under the 2008 criteria in accordance with the advisory opinion's guidance.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adjusting her DOR to first lieutenant to May 2006.



      _______ _   X_______   ___
       	     CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20080018688





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018688



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1