BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140004970
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
11. On 21 March 2014, new information was received from the Office of the Deputy Chief of Staff, G-1, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130020942, dated 23 January 2014.
12. The evidence submitted consists of a memorandum issued by the Army G-1 in response to the ABCMR's determination and recommendation regarding the applicant's request for a correction to her military rank and amendment to her rank on her orders to active duty. The Army G-1 is unable to execute the Board's recommendations for correction to her military records for the reasons discussed below.
a. The Army G-1 determined, in coordination with the Office of the Secretary of Defense for Personnel and Readiness (OSD P&R) and the U.S. Army Human Resources Command (HRC), that the applicant's promotion to 1LT in the U.S. Army Reserve was not approved by the appropriate authority. All recommendations for promotion to grades below colonel in the U.S. Army Reserve require approval by the Secretary of Defense, acting on behalf of the President, before promotion orders may be published.
b. In attempting to correct the applicant's rank, the Army G-1 was informed by OSD P&R that the Secretary of Defense had not received or approved a promotion recommendation for her. A thorough search through records at the
G-1 and HRC failed to reveal a promotion nomination for the applicant to the rank of 1LT was either submitted or approved prior to the publication of her promotion orders. Accordingly, her promotion orders (HRC Orders B-05-303321, dated 15 May 2013) were published without legal authority. Therefore, G-1 directed HRC to revoke the promotion orders, and this was accomplished by HRC Orders B-05-303321 R, dated 20 March 2014.
c. Since the applicant's U.S. Army Reserve promotion orders have been revoked, she was properly assessed and is serving on active duty in the correct rank. She will be eligible for promotion in the Regular Army on 29 November 2014, if otherwise qualified.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. At the time of the decision of the ABCMR in Docket Number AR20130020942, dated 23 January 2014, it was the intent of the ABCMR to make the applicantÂ’s record as administratively correct as it should properly have been at the time.
6. The ABCMR's decision in Docket Number AR20130020942 was not privy of the fact that a promotion nomination for the applicant to the rank of 1LT was neither submitted nor approved by the Secretary of Defense prior to the publication of her promotion orders. In other words, there was no scroll for this promotion to 1LT. Accordingly, her promotion orders (HRC Orders B-05-303321, dated 15 May 2013) were published without legal authority.
7. Therefore, the Army G-1 directed HRC to revoke the promotion orders, and this was accomplished by HRC Orders B-05-303321 R, dated 20 March 2014.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ __x______ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number AR20130020942, dated 23 January 2014, to void the Board Determination/Recommendation and/or recommended correction.
3. The Board determined the action by the Army G-1 to direct HRC to revoke the applicant's promotion orders, which was accomplished by HRC Orders
B-05-303321R, dated 20 March 2014 is correct. The applicant remains a 2LT until she is fully eligible for promotion to 1LT.
4. As a result, in response to the applicant's original request for correction of her military rank to 1LT with prior enlisted service and amendment of her active duty orders to the correct rank, 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) AR20140004970
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20140004970
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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