IN THE CASE OF: 

		BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130013640 


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, through a Member of Congress, reconsideration of his previous request for an adjustment of his date of rank (DOR) to first lieutenant (1LT) to 11 March 1999. 

2.  The applicant states:

   a.  He takes exception to the Discussion and Conclusions section of his Army Board for Correction of Military Record (ABCMR) Record of Proceedings regarding not informing the military of his current addresses, resulting in failure to exercise due diligence.  His requests to the ABCMR were to correct his DOR to 1LT based on the laws and regulations at the time and redress his DOR to captain (CPT) with the support of his battalion commander's decision to promote him based on the correction of his DOR to 1LT.

   b.  He graduated college, had knee surgery (delayed commission), requested active duty to Reserve duty (denied), and was commissioned.  He received no orders for school or a unit.  The commander advised him to move in with his parents or get a job and keep them informed as to where he was.  He moved and reported his new address.  The military misplaced his DA Form 71 (Oath of Office) and he signed another DA Form 71 (he now has two DA Forms 71).  He moved several times, updated his address, and requested status updates.

   c.  He received an Honorable Discharge Certificate where he was living in Minnesota.  He attempted to re-enter the military multiple times, but was told no records existed.  His records were rebuilt based on what he had in his own personnel files.  While he does not have phone records to directly prove he made calls to update the military of his address, how did they know where to send his initial welcome packet, his discharge certificate, and follow-on information?

   d.  Once he got back into the system he discovered records belonging to another Soldier were mixed-up with his.  He has attempted the ABCMR process twice, each time he was told there is no evidence, they do not recognize the military contacting him to sign another DA Form 71, or how the military knew where to send his honorable discharge.  

   e.  He has a letter from his battalion commander wherein the commander stated he would have promoted him to CPT on 13 April 2009 given the correction of his DOR to 1LT (this request is currently in the ABCMR process and will be denied as the request to change his DOR to 1LT was denied).  Since returning to the military he has completed the officer basic course (OBC).  Without correction of his records his promotion to CPT becomes four to five years instead of in April 2013.  He also will not be able to enroll in cyber or joint professional military education courses at the National Defense University to further his military education or military career.  He is currently a member of the Army National Guard (ARNG).

3.  The applicant provides the following:

* Orders D-10-149882
* Timeline Statement
* Email correspondence from his father to a staff member of the National Guard Bureau (NGB)
* Recommendation for Correction of his DOR memorandum
* DA Form 2823 (Sworn Statement)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110016304 on 6 September 2012.

2.  The applicant provided Orders D-10-149882 (previously considered by the Board), a Timeline Statement, email correspondence from his father to a staff member of the NGB, a Recommendation for Correction of his DOR memorandum, and a DA Form 2823.  This is new evidence and will be considered by the Board.
3.  The applicant was appointed in the U.S. Army Reserve (USAR), Signal Corps, as a second lieutenant (2LT), on 11 March 1996, from the Reserve Officers' Training Corps (ROTC).  He executed a DA Form 71 on the same date. 

4.  He provided a copy of and his record contains Orders D-10-149882, issued by the USAR Personnel Command, dated 26 October 2001, which honorably discharged him from the USAR effective the same date.  The orders show his rank as 2LT. 

5.  He was appointed in the MNARNG, as a 2LT, on 23 September 2008.  He completed the required OBC on 13 April 2009 and was promoted to 1LT on the same date.

6.  On 13 April 2011, the Board denied his requests for the following:

* An education waiver for promotion to 1LT and CPT
* Adjustment of his 1LT DOR from 13 April 2009 to 12 September 1997
* Promotion consideration to CPT by a special selection board

7.  On 13 October 2011, the Chief, Officer Promotions, Special Actions Branch, U.S. Army Human Resources Command, advised the ABCMR that the applicant's previous 1998 2LT Administrative Board was annotated as non-selected for promotion to 1LT due to not being educationally qualified and completion of the resident OBC was a requirement for promotion to 1LT for basic branch officers.

8.  He also provided copies of the following:

   a.  A Timeline Statement wherein he listed the timeline and clarity of events between his completion of ROTC through 23 September 2008.

   b.  An email correspondence, dated 3 February 2011, wherein his father reiterated to a staff member of the NGB the timeline of events for the applicant from his attending ROTC through late 2008.

   c.  A Recommendation for Correction of his DOR memorandum, dated 3 August 2011, wherein his battalion commander stated that had the applicant's DOR to 1LT been corrected he would have recommended the applicant be promoted to CPT on 13 April 2009.

   d.  A DA Form 2823, dated 2 November 2012, wherein Major Hxxxxxx stated when the applicant contacted him in late 2001 about the possibility of getting back into the military he searched the Interactive Personnel Electronic Records Management System in 2001 and 2008 and found no records for the applicant.  At that time, he introduced the applicant to the officer recruiter for the MNARNG for assistance in being appointed in the ARNG.

9.  Army Regulation 135-155 (ARNG and USAR - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), in effect at the time, set the policies for the promotion of Reserve Components officers.  The regulation stated promotion from 2LT to 1LT required completion of a minimum of 3 years in the lower grade and completion of a resident OBC.

10.  Army Regulation 135-155, current version, states promotion from 2LT to 1LT requires completion of the minimum of 2 years in the lower grade and completion of a resident OBC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the USAR as a 2LT on 11 March 1996.  He was discharged from the USAR as a 2LT on 26 October 2001.  He was appointed in the MNARNG as a 2LT on 23 September 2008.  He completed the required OBC and was promoted to 1LT on 13 April 2009.

2.  There is no evidence of record and he did not provide sufficient evidence to show he was qualified for promotion to 1LT prior to 13 April 2009.  There is also no evidence showing he was unjustly or erroneously not promoted to 1LT prior to 13 April 2009.  It appears he was promoted on the earliest date eligible based on the completion of the required military education in accordance with regulatory guidance.

3.  Therefore, there is an insufficiently evidentiary basis for granting him 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 to amend the decision of the ABCMR set forth in Docket Number AR AR20110016304, dated 6 September 2012.



      _______ _   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)                                         AR20130013640





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ABCMR Record of Proceedings (cont)                                         AR20130013640



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