IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20110025183 


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 his date of rank (DOR) to first lieutenant (1LT) be adjusted to October 2009.

2.  The applicant states:

	a.  His DOR to 1LT should be backdated to reflect his education and 18 years of experience so he can be promoted to CPT with his peer group. 

   b.  His Military Intelligence (MI) Basic Officer Leadership Course (BOLC) graduation date should be adjusted to October 2009 [to make him eligible] for promotion to CPT.  

   c.  He believes he is eligible for the promotion based on his commissioning date of October 2007.  His U.S. Army Reserve (USAR) unit and the Army did not give him an MIBOLC school date until March 2009 with a report date of 21 August 2010.  This was nearly 33 months after his commissioning which is well beyond the 24 months required for time in grade (TIG) to be promoted to 1LT.  On 29 July 2011, he completed MIBOLC and was promoted to 1LT.  He was unjustly held from obtaining the next rank which he was well qualified for upon graduation from MIBOLC.

	d.  Based on prior experience, the Office of the Chief, MI, awarded him area of concentration (AOC) 35E (Counterintelligence (CI) Officer) on 29 July 2011 for attending the CI Special Agent Course (CISAC) in April 2006 as a civilian.  This waiver also allowed the AOC to be awarded prior to his attendance of the MI captain's course which is required for AOC 35E.  He has been serving as a civilian CI officer since October 2005.  Prior to this he served in the U.S. Marine Corps (USMC) Reserve, was advanced to staff sergeant, deployed to Iraq, and received a Bronze Star Medal with "V" Device during his deployment.  

	e.  In his capacity as a civilian, he was assigned to the Army Surveillance Team, Fort Meade, MD, and in September 2008, to the Joint Terrorism Task Force (JTTF), Federal Bureau of Investigation (FBI), Miami, FL.  He was the only U.S. Army Special Agent assigned to the FBI Miami office and this position required him to deploy to Iraq from October 2009 to March 2010.  He was given a report date to MIBOLC of August 2010 but attending in the middle of a tour [with the JTTF in Miami] would have severely interrupted the organization’s ongoing mission.  He requested his report date be changed and attended in 2011.

	f.  After completing MIBOLC, it became apparent that his 18 years of service, experience, leadership, and skills were above those of a 1LT.  He has already served in the leadership capacity of a CPT.  To continue serving as a 1LT for an additional 24 months would be an injustice to him and to the Army.  In order to be associated with the appropriate peer group he should be promoted to CPT immediately.

3.  The applicant provides:

* Three DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* DA Form 67-9 (Officer Evaluation Report)
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 71 (Oath of Office - Military Personnel)
* DD Form 1610 (Request and Authorization for Temporary Duty (TDY) of Department of Defense (DOD) Personnel)
* Army Human Resources Command (AHRC) Form 249-2-E (Chronological Statement of Retirement Points)
* Five memoranda
* Two orders
* Eight certificates
* Three award citations
* Four pages of email
* A Department of the Army (DA) official photograph
* A letter



CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted Reserve service, the applicant's records show he was appointed as a second lieutenant (2LT) in the USAR MI branch and executed an oath of office on 22 October 2007.

2.  He attended and successfully completed MIBOLC at Fort Huachuca, AZ, from 21 March to 20 July 2011.  He was promoted to 1LT on 20 July 2011 and awarded AOC 35E.

3.  In the processing of this case, an advisory opinion, dated 22 February 2012, was obtained from the Chief, Officer Promotions Branch, HRC.  The advisory official recommended denial of the applicant's request to adjust his DOR to 1LT and opined the following:

	a.  The applicant's DOR was established in accordance with Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) and is based upon the officer basic course (OBC) completion requirement for promotion to 1LT and his subsequent graduation from the MIBOLC on 20 July 2011.

	b.  His initial promotion eligibility date (PED) to 1LT was 22 April 2009 as established by the 18-month rule in the memorandum, dated 19 August 2008, issued by the Assistant Secretary of the Army, Manpower and Reserve Affairs (ASA(M&RA)).  However, the applicant could not be promoted until meeting the OBC requirement.

	c.  This command has no grounds to offer relief based upon the perceived hardship associated with his inability to attend OBC from his date of commissioning on 22 October 2007 through his established PED regardless of his civilian deployment for 6 months beginning in October “2008”.

4.  In a response to the advisory opinion, dated 29 February 2012, the applicant stated:

	a.  Starting in October 2008 he made repeated attempts to obtain an MIBOLC slot both by phone and email.  He called the HRC liaison officer at least 8 times and is enclosing email that provides grounds that show he was not afforded a timely opportunity to attend MIBOLC.

	b.  A slot became available in 2010 which conflicted with his deployment as a civilian to Iraq.  He elected to push his MIBOLC date to March 2011.  Had he not deployed from October 2009 to March 2010 it would have had an adverse impact on him and his unit.  It would have required another civilian to deploy on short notice.

	c.  He believes his experience and leadership should be taken into consideration which is overlooked in the advisory opinion from HRC.  He is a lieutenant with 19 years of service.  He will reach the rank of CPT but not until 2013, over 2 years after he should have been eligible for promotion.  This lost time will have an effect on all future promotions and will set him behind his peers.  He is a proven leader in both a time of peace and combat and he has demonstrated this with a stellar military record; his DOR to 1LT should be backdated to make him eligible for promotion to CPT.   

5.  The applicant provides:

	a.  Email, dated 8 April and 22 October 2008, from him to the HRC Reserve liaison, wherein he requested information on OBC dates.  In the October 2008 email, he stated he would like to go to OBC early the following year.  There is no indication that shows whether he received a response or not.

	b.  An email, dated 18 January 2010, wherein he stated he was currently deployed to Iraq [as a civilian] but should be home in May 2010.  He inquired into how long the MIBOLC dates were good for as if he had to be gone for 4 to 6 months it would be devastating to his current position [with the JTTF, Miami].  

	c.  In a response to his email, dated 26 January 2010, the HRC liaison stated the applicant was scheduled to attend MIBOLC from 1 September 2010 to 18 January 2011 (approximately four and one half months).  They understood the difficulty of being away from his civilian job and if he wanted they could cancel the course for him.  They also cautioned him that if that was done they may not be able to schedule another class as it was extremely difficult for them to set up the training.  

	d.  A letter of support, dated 29 February 2012, wherein his Detachment Commander, Lieutenant Colonel JWM, stated he strongly recommended the ABCMR reconsider the applicant's packet for promotion to CPT.  He further stated the applicant joined the unit in August 2011, came highly recommended, and since his arrival he had set a high standard of service and diligence to duty.  He had already received an Army Achievement Medal for "above and beyond" work to ensure a successful weapon's qualification for Soldiers of the detachment and was an invaluable asset to him (the commander) and his fellow Soldiers.


6.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Component officers.  Table 2-1 states the minimum TIG requirements for promotion from 2LT to 1LT is 24 months.  Table 2-2 states the military education requirements for promotion from 2LT to 1LT requires completion of resident OBC.

7.  ASA(M&RA) memorandum, dated 19 August 2008, subject: Reduction in the TIG Requirement for Promotion of Reserve Component Officers to 1LT, established DA policy authorizing Reserve Component 2LT's on the Reserve active-status list to be promoted to 1LT with a minimum of 18 months TIG and completion of BOLC, if otherwise qualified.

8.  Department of Defense Instruction (DODI) Number 1312.03 (Service Credit for Commissioned Officers), paragraph 6.1.2., states the purpose of constructive service credit is to provide grade and DOR comparability for a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as a commissioned officer in a professional field relative to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows per regulatory requirements the applicant was properly promoted to 1LT upon completion of BOLC in July 2011.  While it appears the scheduling of his BOLC class was delayed due to both the unit's difficulty in obtaining a school slot and the conflicting requirements of his civilian employment there is no basis for adjusting his BOLC completion date to October 2009.

2.  In addition, while it is recognized that he has vast experience this does not justify adjusting his BOLC completion date or his 1LT DOR to reflect his education and experience in order to make him eligible for immediate promotion to CPT.  In accordance with DODI 1312.03, constructive service credit may have been granted only if his additional education and experience had been required for his appointment as an MI officer.  MI officers do not need such additional education/experience for appointment.

3.  In view of the foregoing, he is not entitled to the 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)                                         AR20110025183



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ABCMR Record of Proceedings (cont)                                         AR20110025183



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