IN THE CASE OF:  

		BOARD DATE:  23 June 2015

		DOCKET NUMBER:  AR20150002434 


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 records to show his:

* commissioning date as 11 June 2010
* first lieutenant (1LT) date of rank (DOR) as 14 July 2011
* captain (CPT) DOR as 17 August 2013

2.  He also request appropriate back pay and allowances based on the above corrections.

3.  The applicant states, in effect:

	a.  The above delays have place a hardship on him and his family and he has been overlooked for substantial opportunities and assignments. 

	b.  In May 2010, the Morgan State University Reserve Officers' Training Corps (ROTC) Department advised him that he had completed all requirements to receive his commission in the U.S. Army Reserve (USAR).  He was commissioned as a 2nd lieutenant.  However, later that month, he received a phone call from the administrative staff from the ROTC Department informing him that they had overlooked his requirements and he needed to coordinate with the University to complete the required action to solidify his commission.  During this time, he was also advised to review Army Regulation 145-1 (Senior ROTC Program, Organization, Administration, and Training), Section 6-8, which outlines age eligibility to be appointed in the United States Army.  In addition, he was advised that he had not yet reached his 30th birthday (31 July 2010), allowing him a short window of time to complete the requirements and receive his commission.  He completed all requirements before his 30th birthday.  During this time, the University began a massive staff change with the new incoming University President and he was advised that he would have to wait until the new academic year before he could receive appropriate documentation, meaning he would have to delay his commission. 

	c.  In September 2010, he received a phone call from Lieutenant Colonel (LTC) P______ B________, Professor of Military Science, to come to the LTC's office and receive his commission documentation.  He received the documentation, and when asked about the age requirements, he was advised that they would not affect his commission.  

	d.  On 1 January 2012, following completion of the Basic Officer Leadership Course (BOLC), he assumed command of Headquarters and Headquarters Company (HHC), 165th Quartermaster Group.  In March 2012, he was notified that there was an error in his promotion and time in grade (TIG).  He received a courtesy copy of a 10 April 2012 email from 1LT G___ H_____ that stated she had identified the error and believed his promotion from 2LT to 1LT should be effective 14 July 2011, the date he graduated from BOLC.  He was further advised through email to be patient, and they would continue to work on the correction.  In April 2012, he was promoted to 1LT with an effective date of March 2012.  There was no correction done to his DOR. 

	e.  Due to the restructuring of his unit and the loss of personnel, he was required to find a new point of contact to assist with correcting this error.  

	f.  On 15 July 2013, he received a call from Mrs. B____ L_______, Human Resources Command (HRC) Records Office.  During the call, the applicant explained to her that he was facing challenges getting his records updated through the system.  She advised him to contact his career manager and the Brigade S1.  He submitted a request to the S1 the same day.  On 24 July 2013, he received an email from CPT A______ S_____, his career manager, stating that he had made the promotion list to captain.  The applicant went to the HRC website and his name was not on the promotion list.  He called CPT S_____ several times and left messages with no return response.  On 7 August 2012, he emailed the HRC Promotions Office to inquire about the error.  He was advised by CPT T______ S_____, from the Office of the Chief, Army Reserve, that the email identifying him for promotion was an error.  

	g.  He contacted his Brigade S1 and he was advised to provide supporting documentation to demonstrate that he had completed the training requirements in June 2010.  The S1 stated any officer in a higher grade can execute an Oath of Office; therefore, he should execute an updated Oath of Office and complete a promotion qualification statement to be signed by the Commander/Colonel/O6.  He was also advised to return to his previous National Guard unit and submit documentation to have his orders discharged and report of separation amended.  Once completed, he should email all the documentation and a request for reconsideration to HRC. 

	h.  On 13 November 2013, he submitted an email to HRC with all supporting documentation requesting reconsideration for promotion.  On 14 November 2013, he contacted HRC and was able to speak with CPT M______ M_____, HRC Logistics Assignment Officer, to follow up and seek a resolution.  She advised him that he needed an amendment to his promotion orders to 1LT and to submit all supporting documentation to her to expedite the process. On
26 November 2013, he received an email from CPT M_____, advising him that the HRC Promotions Office had all the documents needed to resolve the issue.  

	i.  On 12 December 2013, he received an email from CPT M_____ stating they were still working on his case; however, once the DOR was corrected, 
he would need to submit a request to the HRC Special Selection Board (SSB).  Between 14 November and 12 December 2013, several email transactions occurred between the Brigade S1 and the 310th Expeditionary Sustainment Command (ESC) to resolve this issue concerning his initial commissioning date of 10 June 2010, his 14 July 2014 promotion to 1LT, and the calculation of back pay for the two issues.  

	j.  On 10 February 2014, email guidance from 377th ESC stated that a new appointment letter needed to be completed to execute a new DA 71 (Oath of Office).  On 24 March, it was advised by the 377th ESC that the last document needed for promotion was a new appointment memorandum that the brigade commander could sign providing the dates matched accordingly.  On 26 March 2014, the Brigade Commander, COL S____, signed the appointment memorandum. 

	k.  On 21 April 2014, he received an amended order for his 1LT promotion that reflected a DOR of 10 December 2011.  On 29 April 2014, he received orders for deployment to Afghanistan in support of Operation Enduring Freedom.

	l.  On 6 June 2014, he emailed a request to the SSB with all supporting documentation.  The next day he arrived in Bagram Airfield, Afghanistan.  On 
14 July 2014, he received an email from John D________, SSB, stating his request was denied and that he was misguided on the process to resolve this issue.  Action was submitted to have all the previous work (2 years of process) undone and removed.  This has disrupted his planning for the Captains Career Course, retirement status, and the ability to continue his career.

4.  The applicant provides a copy of Congressional correspondence with 
37 enclosures.

CONSIDERATION OF EVIDENCE:

1.  Following prior Regular Army enlisted service, the applicant enlisted in the Maryland Army National Guard (MDARNG) in the rank/pay grade of private/E-1 on 15 August 2000.  On 28 August 2006, he reenlisted for the Senior ROTC Program at Morgan State University in Baltimore, Maryland.

2.  His records contain:

	a.  An National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) showing he was discharged from the MDARNG on 
22 September 2010, in the rank of sergeant/E-5 for the purposes of accepting an appointment as a commissioned officer in the Army National Guard (ARNG).

	b.  A DA Form 71 showing he was appointed a 2LT in the USAR effective 
23 September 2010.

	c.  A DA Form 1059 (Service School Academic Report) showing he completed the Quartermaster BOLC on 14 July 2011.

	d.  Orders B-04-202726, HRC, dated 13 April 2012, announcing he was promoted to 1LT with DOR of 9 March 2012.

	e.  Orders B-04-202726A01, HRC, dated 21 April 2014, showing his 1LT DOR and effective date were amended to read 10 December 2011.

	f.  Orders B-04-202726A02, HRC, dated 29 July 2014, showing his 1LT DOR and effective date were again amended to read 9 March 2012.

	g.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he served on active duty from 30 April to 17 November 2014.  His rank is shown as 1LT. 

3.  In the processing of this case an advisory opinion, dated 25 March 2015, was received from the Chief, Officer Promotion Management Office, HRC.  The advising official stated the applicant's request to adjust his 1LT DOR and promote him to CPT was without merit.  He further stated:
   a.  The applicant was commissioned in the USAR as a 2LT (after completing his ROTC requirements) at Morgan State University on 23 September 2010.  His oath of office and appointment letter confirm this date, as does his 
22 September 2010 discharge as a member of the MDARNG.  His orders show he was assigned to a USAR unit at Fort Meade, Maryland effective 
23 September 2010, the date of his commissioning.

	b.  Any indication that was given to the applicant about being eligible for promotion before 18 months as long as he was a graduate of BOLC was incorrect and misguided.  The applicant was promoted to 1LT 18 months after his commission with a DOR and effective date of 9 March 2012, per his promotion orders.  His 1LT promotion orders were amended to reflect 18 months from his corrected appointment date of 11 June 2011, making his DOR 10 December 2011.  

	c.  On 10 June 2014, he requested an SSB to CPT from Special Actions, Officer Promotions, HRC, as he stated that he had corrected his commission date and received an adjusted DOR to 1LT, which would have made him eligible for CPT on the Fiscal Year (FY)14 CPT Army Promotion List (APL) Promotion Selection Board.  As information was researched to substantiate an SSB, it was discovered that the applicant had circumvented Army regulations and Title 10, U.S. Code (USC) to change his commission date.  His promotion order was further amended back to his original DOR of 9 March 2012 due to this discovery.  On 14 July 2014, an email was sent to the applicant denying his request for an SSB.

	d.  On 24 July 2013, the Officer Quartermaster Branch career manager sent erroneous emails to numerous officers stating that they had made the promotion list to CPT.  All officers were notified this was an error.  None of the officers were yet eligible for selection/promotion to CPT.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) also lists the minimum time TIG for CPT as 2 years.  

	e.  The applicant was considered for promotion to CPT by the FY15 CPT APL Board that convened on 2 December 2014.  The results of that board were pending as of the date of the advisory opinion.   

4.  On 30 March 2015, a copy of the advisory opinion was forwarded to the applicant for his comments.  No response was received within the time allowed to respond.


5.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Component officers.  It states the minimum time for promotion to 1LT is two years with the requirement to be a graduate of the BOLC.  A Department of the Army Memorandum, dated 19 August 2008, reduced the TIG requirement to 18 months.  It states for promotion from 1LT to CPT, the minimum number of years in the lower grade is 2 years and the maximum number of years in the lower grade is 5 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was actually commissioned on 11 June 2010. His 1LT DOR should be corrected to show 14 July 2011 and he should be promoted to CPT with a DOR of 17 August 2013 because his date of commissioning should be 11 June 2010.

2.  The available evidence shows the applicant was initially appointed in the USAR, as a 2LT, on 23 September 2010.  He was promoted to 1LT with a DOR of 9 March 2012. 

3.  An advisory opinion from HRC related that research conducted by the Officer Promotion Office revealed the applicant had circumvented Army Regulations and Title 10, USC, to change his commissioning date to 11 June 2010 resulting in an incorrect amendment of his 1LT promotion orders to show a DOR of 
10 December 2011.  As a result, his previously amended 1LT promotion orders were amended to show a DOR of 9 March 2012.  He was eligible to be considered for promotion to CPT by the FY15 CPT APL Board which convened on 2 December 2014.

4.  Based on a review of the documents presented and the material provided, there is no evidence of error or injustice.  Therefore, there is no basis for granting the applicant's 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)                                         AR20130015869



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ABCMR Record of Proceedings (cont)                                         AR20150002434



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