IN THE CASE OF:	  

		BOARD DATE:	    1 December 2011

		DOCKET NUMBER:  AR20110009182 


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) to second lieutenant (2LT) be adjusted to 21 August 2009 and his DOR to first lieutenant (1LT) be adjusted to 21 February 2011.

2.  He states he was commissioned as a U.S. Army Reserve (USAR) officer, in the grade of 2LT on 21 August 2009 and took his Oath of Office the same day.  His promotion to the grade of 1LT should have been 18 months from the date of his commission in the USAR.  

3.  He adds that he completed his officer basic course on 2 April 2010 and entered active duty (AD) on 15 September 2010.  His Officer Record Brief (ORB) incorrectly shows his DOR to 2LT as 15 September 2010.  

4.  The applicant provides:

* Copies of various orders
* Two Oaths of Office
* His DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Email correspondence
* Two DA Forms 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers))
* His ORB



CONSIDERATION OF EVIDENCE:

1.  After having two years prior enlisted service in the Regular Army (RA), the applicant was appointed a 2LT in the USAR, Medical Service Corps, on 
21 August 2009.  He took his Oath of Office on the same day.

2.  A DA Form 5074-1-R, dated 30 October 2009, shows in:

     a.  Part I (Constructive Service Credit) he obtained a Bachelor of Arts degree in Political Science in 2006;

     b.  Part II (Prior Active Commissioned Service Credit) he did not receive any constructive credit; and

     c.  Part III (Computation of Entry Grade and DOR) he entered AD on 
21 August 2009 in the grade of 2LT. 

3.  He provided a Service School Academic Evaluation Report form which shows he completed the Army Medical Department Basic Officer Leader Course in April 2010.

4.  Orders show he was ordered to AD in the grade of 2LT effective 1 October 2010 (early arrival was authorized).  The additional instructions stated, “the officer’s minimum AD service obligation is 36 months, effective the date entered the active duty list (ADL) in accordance with Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  DOR to be determined after entry on AD in accordance with Army Regulation 624-100 (should read Army Regulation 600-8-29 (Officer Promotions)).

5.  On 15 September 2010, he took a second Oath of Office as a commissioned officer of the RA in the grade of 2LT and entered AD the same day.

6.  The applicant provided a copy of an email transmission between his battalion S-1 officer and a branch manager at the Army Human Resources Command (AHRC).  This document shows that his DOR to 2LT on his ORB was incorrect and needed to be adjusted to reflect the date he was appointed. 

7.  The email further shows that his branch manager completed a DA Form 5074-1-R, adjusting his DOR and forwarded this document to the AHRC Promotion Branch for completion of the requested action. 

8.  A DA Form 5074-1-R, dated 30 August 2010, shows in:
       a.  Part II, his inclusive dates in the USAR as a 2LT were from 21 August 2009 to 14 September 2010; and 

       b.  Item 30 (Grade for Which Credit Qualifies) shows the entry "01/2LT/CGH [Current Grade Held]."   

9.  His record contains promotion orders to the rank of 1LT with an effective date of 20 August 2011 and a DOR of 20 August 2011.  

10.  An ORB with a brief date of 21 September 2011 shows the following entries:

* (AD Grade – Adjusted DOR (ADOR) ) – “1LT 20110820”
* (Entered AD Current Tour) – “20100915”
* (Permanent DOR) – “2LT 20090821” “1LT 20110820”

11.  An advisory opinion was obtained from AHRC, Medical Services Assignments Branch.  This office notes that after reviewing the regulations for Army Accessions and DOR determinations, the U.S. Army Recruiting Command (USAREC) and AHRC, Promotions Branch were contacted.  

12.  The opinion also shows an updated DA Form 5074-1-R was submitted to the Promotion Branch and that his ORB was updated to reflect his DOR to 2LT as 
21 August 2009.  The advisory opinion does not address his DOR to 1LT. 

13.  On 23 September 2011, the advisory opinion was forwarded to the applicant for review and rebuttal; however, he did not provide a response.

14.  A memorandum from the Office of the Assistant Secretary, Manpower and Reserve Affairs, Washington, D.C., Subject:  Reduction in the TIG Requirement for Promotion of Reserve Component (RC) Officers to 1LT, dated 19 August 2008 states that the Department of the Army policy authorizes RC 2LTs on the active-status list to be promoted with a minimum of 18 months TIG and completion of the Basic Officer Leadership Course.

15.  Army Regulation 600-8-29 prescribes the policy and procedures for the promotion of active duty officers.  The law establishes no minimum TIG requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to ILT.  The promotion eligibility date (PED) will be computed according to the rules given in chapter 3, table 3-1.  The PED to 1LT will be the earlier date between 18 months of active Federal commissioned service, or the day prior to the 2nd anniversary of the 2LT date of rank.


DISCUSSION AND CONCLUSIONS:

1.  His request to have his DOR to 2LT adjusted to 21 August 2009 has already been corrected by AHRC, Promotion Branch.  As such, there is no action required by the ABCMR.

2.  The evidence of record shows the applicant was commissioned as a USAR 2LT on 21 August 2009.  He was subsequently commissioned as a Regular Army officer on 15 September 2010 and he entered AD on the same day.

3.  He did not meet the minimum requirements for USAR 2LTs as outlined in the policy memorandum from the Office of the Assistant Secretary of the Army for an 18-month promotion to 1LT because he had not completed the required training and was an RA officer and not USAR when placed on the ADL on 15 September 2010.  

4.  Further, the evidence of record shows he did not have 18 months of Federal commissioned service on 21 February 2011 to meet the minimum requirements as outlined in Army Regulation 600-8-29 for Regular Army 2LTs.

5.  As a result, in accordance with the applicable Army regulation, the earliest date he was eligible for promotion to 1LT was 20 August 2011, the day before the 2nd anniversary of his 2LT date of rank.  Therefore, he is not entitled to adjustment to his promotion date of rank for 1LT to an earlier date.

6.  Based on the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20110009182





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ABCMR Record of Proceedings (cont)                                         AR20110009182



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