BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100000298 


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 that his date of rank (DOR) for first lieutenant be adjusted to 21 May 2008.

2.  The applicant states:

* due to injuries incurred while attending phase III of the basic officer leader course (BOLC) in July 2007, he was unable to complete training in a timely manner
* BOLC is a requirement for promotion to first lieutenant
* successful completion of training in 2007 would have resulted in eligibility for promotion to first lieutenant on 21 May 2008
* his injury was incurred in the line of duty (LOD)
* failure to complete training was not due to academic reasons or failure to meet standards
* his injury prevented training until approval from doctors and release from the Warrior Transition Battalion
* his injury was not due to negligence or lack of responsibility
* his injury was sustained while training to serve his country
* authorization from doctors to re-attend Military Intelligence BOLC phase III was approved on 10 October 2008
* he attended the earliest class available after he was found fit for duty
* he successfully graduated from Military Intelligence BOLC phase III on 26 August 2009



3.  The applicant provides:

* LOD investigation
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* health records
* memorandum of endorsement
* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* promotion orders
* diploma

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Air Force, Air National Guard, and Army National Guard, the applicant was appointed as a second lieutenant in the U.S. Army Reserve on 22 November 2006.  On 24 June 2007, the applicant was ordered to active duty for training.

2.  A DA Form 2173, dated 25 July 2007, shows the applicant was injured on 20 July 2007 while running relays during physical training.  He twisted his left knee while turning to sprint back to his group.

3.  On 14 August 2007, an LOD investigation determined the applicant's injuries to be in the LOD.

4.  On 17 August 2007, the applicant was released from active duty.

5.  On 24 September 2007, the applicant underwent left knee anterior cruciate ligament reconstruction.

6.  On 18 May 2009, the applicant was ordered to active duty for training.

7.  On 26 August 2009, the applicant:

* completed the Military Intelligence BOLC
* was released from active duty
* was promoted to first lieutenant

8.  In support of his claim, the applicant provided a memorandum, dated 22 September 2009, from his Military Intelligence BOLC instructor.  He supports the applicant's request to adjust his DOR.  He states the applicant sustained a knee injury while conducting physical fitness training that required surgical intervention to correct and prevented him from completing the course with his peers.  He contends that prior to the applicant's injury, his academic success, leadership development, and physical fitness standards were outstanding and his unfortunate injury prevented him from serving in his full capacity in a timely manner, as well setting his career back almost 2 years.  He states the applicant is an exceptional and extraordinary Soldier.

9.  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:

* the applicant was considered and selected by the 2008 First Lieutenant Administrative Selection Board/Scroll that took place on 2 September 2008
* the applicant furnishes valid supporting documentation to reflect his injuries were in the LOD and prevented him from successfully completing the BOLC earlier

10.  The advisory opinion states the Special Actions Branch granted the earliest DOR allowed based on the completion date of his BOLC which was 26 August 2009.

11.  On 22 June 2010, a copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He did not respond within the given time frame.

12.  Table 2-1 of Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

13.  Table 2-2 of Army Regulation 135-155 states that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

14.  A Department of the Army Policy Memorandum, dated 19 August 2008, authorizes Reserve Component second lieutenants on the Reserve Active-Status List to be promoted with a minimum of 18 months of time in grade and completion of the BOLC.  The policy is effective 19 August 2008.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DOR for first lieutenant be adjusted to 21 May 2008.

2.  The evidence of record shows the applicant was appointed as a second lieutenant in the U.S. Army Reserve on 22 November 2006.  He successfully completed the Military Intelligence BOLC on 26 August 2009 and was promoted to first lieutenant effective 26 August 2009.

3.  The applicant contends that due to injuries incurred while attending BOLC in July 2007, he was unable to complete the required training in a timely manner.  However, since the governing regulation states that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant, regrettably, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20100000298



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)