IN THE CASE OF:	  

		BOARD DATE:	  12 March 2014

		DOCKET NUMBER:  AR20130010732 


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 correction of items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 22 July 2012, to show her rank and pay grade as captain (CPT) instead of first lieutenant (1LT).

2.  The applicant states her promotion date to CPT was after she had cleared her duty station and the completion of her DD Form 214.  She was on terminal leave at the time.

3.  The applicant provides copies of her 2012 DD Form 214 and Order Number 065-001.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 5 September 2008, with prior enlisted service.  She entered active duty on 27 October 2008.  She was promoted to 1LT on 27 April 2010.

2.  Her record contains a Separation – Unqualified Resignation memorandum, dated 15 November 2011, which shows her separation under the provisions of Army Regulation 600-8-24 (Personnel-General, Officer Transfers and Discharges), chapter 3, was approved.

3.  She was discharged from active duty on 22 July 2012, under the provisions of Army Regulation 600-8-24, paragraph 3-5, and was appointed in the USAR Control Group (Reinforcement).  Her DD Form 214 lists in:

* Item 4a – 1LT
* Item 4b – O02
* Item 12i (Effective Date of Pay Grade) – 27 April 2010

4.  Her record contains Orders Number C-02-302825, issued by the U. S. Army Human Resources Command (HRC), dated 15 February 2013, reassigning her to a Reserve troop program unit (TPU) effective 15 February 2013.  The orders list her rank as 1LT.

5.  She provided a copy of Order Number 065-001, issued by HRC, dated 6 March 2013, promoting her to CPT with an effective date and date of rank of 14 July 2012.  The orders state the promotion is not valid and will be revoked if the officer concerned is not in a promotable status on the effective date of promotion.

6.  Her record further contains the following:

   a.  Orders Number B-03-301632, issued HRC, dated 29 March 2013, promoting her to CPT with an effective date and date of rank of 13 March 2013.  The orders state officers promoted upon reaching maximum time in grade must be assigned to a higher-graded position in accordance with Army Regulation 135-155 (Army National Guard (ARNG) and Army Reserve, Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), paragraph 4-9.

   b.  Orders Number 13-269-00065, issued by Headquarters, 88th Regional Support Command, dated 26 September 2013, reassigning her to a Reserve TPU effective 25 October 2013.  The orders list her rank as CPT.

7.  On 6 February 2014, a staff member of HRC, Officer Promotions Branch, Fort Knox, KY, advised the Board that there was an apparent administrative oversight prior to the applicant's separation and her orders were not generated.  The applicant's separation was after the approval date of the respective board.  That office had no proof she was in a non-promotable status on the effective date of separation from active duty so the active duty orders should stand and the USAR orders should be revoked and the DD Form 214 should be amended with a DD Form 215 (Correction to DD Form 214).

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation states items 4a and 4b will list the active duty grade or rank and pay grade at time of separation.   

9.  Army Regulation 600-8-24 prescribes the officer transfers from active duty to the Reserve component and discharge functions for all officers on active duty for 30 days or more.  Paragraph 3–5 states any officer on active duty (for more than 90 calendar days) may tender a resignation under this paragraph except when action is pending that could result in resignation for the good of the Service; officer is under a suspension of favorable actions, pending investigation, under charges; or any other unfavorable or derogatory action is pending.

10.  Army Regulation 600-8-29 (Officer Promotions) governs the officer promotion function of the military personnel system. The regulation states commissioned officers are promoted from promotion lists in order of seniority (shown by the promotion sequence number) as additional officers are needed within each competitive category.  An officer who is on a promotion list and is removed from the active duty list (ADL) prior to the effective date of promotion shall not be promoted from the ADL promotion list.  A subsequent return to the ADL does not warrant a return to promotion list status held prior to release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, while serving on active duty, was issued orders promoting her to CPT effective 14 July 2012.  She was discharged from active duty on 22 July 2012.  Items 4a and 4b of her DD Form 214 list her rank as 1LT/002.  She was promoted to CPT in the USAR effective 13 March 2013.

2.  HRC, Officer Promotions Branch has stated that the applicant's separation on 22 July 2012 was after the approval date of her respective board and there was no proof she was in a non-promotable status on the effective date of her separation; therefore, the active duty promotion orders should stand and her DD Form 214 should be corrected to show her rank as CPT.

3.  In view of the foregoing, items 4a, 4b, and 12i of her DD Form 214 should be amended to show her rank as CPT with an effective date of 14 July 2012.  

4.  Based on this correction, Orders Number C-02-302825, dated 15 February 2013, issued by HRC, should be amended to list her rank as CPT; and Orders Number B-03-301632, dated 29 March 2013, issued by HRC, promoting her to CPT with an effective date and date of rank of 13 March 2013 should be revoked and removed from her record.  

BOARD VOTE:

____X____  __X______  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 corrected by:

* amending the applicant's DD Form 214 ending on 22 July 2012 to show in items:

* 4a – CPT
* 4b – O03
* 12i – 14 July 2012

* amending Orders Number C-02-302825, dated 15 February 2013, by listing her rank as CPT
* revoking Orders Number B-03-301632, dated 29 March 2013, deleting those orders from her record, and nor filing the revocation orders in her records



      _______ _   __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)                                         AR20130010732



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ABCMR Record of Proceedings (cont)                                         AR20130010732


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