IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140013110 


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 her appointment as a first lieutenant (1LT) with the original date of promotion of 10 November 2012 now that she has been scrolled.

2.  The applicant states her case is not new with the Board.  The Board forwarded her application to receive scrolling for April 2014 and it was approved. Now that she has been scrolled she requests appointment as a 1LT with original date of promotion of 10 November 2012.  She received her promotion orders to 1LT, but no one scrolled her.  The irresponsibility of the person in charge of her promotion caused the injustice in her career.  She argues that since she is now scrolled as a Regular Army (RA) officer, her original 1LT effective date and date of rank (DOR) in the U.S. Army Reserve (USAR) should be reinstated to 10 November 2012.  

3.  The applicant provides of the following:

* Letter from the Army Board of Correction of Military Records (ABCMR)
* Orders Number B-05-303321
* ABCMR Record of Proceedings (ROP), boarded 23 January and 4 June 2014
* Army G-1 memorandum
* Orders Number B-05-303321R



CONSIDERATION OF EVIDENCE:

1.  She was appointed in the USAR as a second lieutenant (2LT) on 13 September 2011 with a date of rank of 11 May 2011.

2.  The U.S. Army Human Resources Command (HRC) issued the following:

* Orders Number A-04-306155, on 25 April 2013, ordering her to active duty in the rank of 1LT to fulfill her active duty requirements with an effective date of 29 May 2013
* Orders Number B-05-303321, on 15 May 2013, promoting her to 1LT in the USAR with an effective date and date of rank of 10 November 2012

3.  On 29 May 2013, she executed an oath of office for appointment in the RA, Army Nurse Corps, in the rank of 2LT.

4.  On 23 January 2014, in response to her request for correction of her 1LT rank, the ABCMR recommended the following corrections of her records:

* revocation of her active duty orders, issued by HRC, on 25 April 2013
* issuance of new orders ordering her from the USAR to active duty effective 29 May 2013 in the rank of 1LT with a DOR of “12” November 2012, i.e., 10 November 2012
* payment of any and all due active duty back pay and allowances, minus any possible offsets, effective 29 May 2013, as a result of that correction
* expeditious resubmission of her accession packet in the rank of 1LT and upon scrolling, issuance of an RA appointment memorandum in the rank of 1LT

5.  On 21 March 2014, Army G-1 officials advised the ABCMR that they were unable to execute the Board's recommendations, dated 23 January 2014: 

   a.  The Army G-1, in coordination with the Office of the Under Secretary of Defense for Personnel and Readiness (USC P&R) and RC, determined her promotion to 1LT in the USAR was not approved by the appropriate authority.  All recommendations for promotion to grades below colonel in the USAR required approval by the Secretary of Defense, acting on behalf of the President, before promotion orders could be published.

   b.  In attempting to correct the applicant's rank, the Army G-1 was informed by USD P&R that the Secretary of Defense had not received or approved a promotion recommendation for her.  A thorough search through records in the Army 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 publication of her promotion orders.  Accordingly, her promotion orders (HRC Orders Number        B-05-303321) dated 15 May 2013 were published without legal authority.  Therefore, the Army G-1 directed HRC to revoke the promotion orders and that was accomplished by Orders Number B-05-303321R, dated 20 March 2014.

   c.  Since the applicant's USAR promotion orders were revoked, she was properly assessed into the RA and was serving on active duty in the correct rank. She would be eligible for promotion in the RA on 29 November 2014, if otherwise qualified.  

6.  Her records contain Orders Number B-05-303321R, issued by HRC on 15 May 2013, revoking Orders Number B-05-303321 that promoted her to 1LT in the USAR. 

7.  On 26 March 2014, in a supplemental ROP to ABCMR Docket Number 20130020942, dated 23 January 2014, the Board indicated:

   a.  The Board's decision was not privy to the fact that a promotion nomination for the applicant in the rank of 1LT was neither submitted nor approved by the Secretary of Defense prior to publication of her promotion orders.  There was, in fact, no scroll for her promotion to 1LT.  As such, HRC Orders Number B-05-3321, dated 15 May 2013, were published without legal authority.  Therefore, the Army G-1 directed HRC to revoke the promotion orders.  That was accomplished in HRC Orders Number B-05-303321R, dated 20 March 2014.

   b.  The Board recommended amendment of the decision set forth in Docket Number AR20130020942, dated 23 January 2014, to void the Board Determination/Recommendation and/or recommended correction.  The Board also determined the action by the Army G-1 was correct and the applicant remained in the rank of 2LT until she was fully eligible for promotion to 1LT.

8.  In response to her request, the Board recommended, as a matter of equity, that she be awarded de facto status for pay at the rate of 1LT from 29 May 2013 (the date she entered active duty) to 14 March 2014 (the date her promotion orders were revoked).  However, the Board denied so much of the applicant’s request that allowed her to continue to receive active duty pay at the rate of 1LT until she was officially promoted on 29 November 2014.

9.  The Soldier Management System, located on the HRC Integrated Web Service, shows an officer scroll had been created for her promotion to 1LT on 21 January 2014.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's original promotion to 1LT in the USAR, effective 10 November 2012, was invalid and was revoked since the promotion orders were published without legal authority.  Promotion to 1LT requires a scroll by the Secretary of Defense.  Her promotion was never scrolled.  As such, HRC revoked her promotion and the Board corrected the previous ROP.  

2.  The Board also determined the action by the Army G-1 was correct and the applicant remained in the rank of 2LT until she was fully eligible for promotion to 1LT.  Her recent scrolling action does not entitle her to an adjustment of her effective date and DOR to an earlier date.  Therefore, she 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)                                         AR20140013110





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ABCMR Record of Proceedings (cont)                                         AR20140013110



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