IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20150003375 


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 his records as follows:

* his date of rank (DOR) to captain (CPT) be adjusted to 2006
* his accession to the Army in 2009 be adjusted to reflect that he joined the Army as a CPT in 2009 and be paid back pay from 5 September 2009 until 9 March 2011 accordingly
* his Year Group be adjusted from 2008 to 2006 so he can continue the promotion board glide path with his peer group as commensurate with his experience level; this aligns him with the Army year group 2006 if he was accessed as a CPT in 2009

2.  The applicant states he was an active duty Air Force officer in the grade of first lieutenant (1LT) and was not selected for retention in the Air Force by the 2006 Reduction in Force Board.   He was transferred from the active duty Air Force to the Air Force Reserve (Individual Ready Reserve (IRR)) on 29 September 2006.  In 2008 while in the Air Force IRR, he applied and was accepted to active duty in the Army with an active duty return date of 5 September 2009 as a 1LT.  In 2013 he applied to the Air Force to adjust his rank to captain (CPT) due to the fact that he should have been promoted while in the Air Force IRR because he was selected for promotion while still on active duty.  The Air Force agreed and changed his DOR to CPT while in the IRR to 8 November 2006.  When he first applied to join the Army he did not understand that his promotion to CPT did not occur and carry over from the Air Force to the Army.  

3.  The applicant provides:

* Officer Record Brief
* Active Duty Promotion Selection Carry Over to Reserve
* U.S. Air Force Reserve promotion order to CPT
* U.S. Air Force DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a DD Form 214 that shows the applicant served on active duty, in an enlisted status, as a member of the U.S. Air Force from 20 August 2002 to 7 November 2002.  He was discharged to accept a commission in the U.S. Air Force.

2.  The applicant's records also contain a second DD Form 214 that shows the applicant served on active duty, in a commissioned officer status, as a member of the U.S. Air Force Reserve from 8 November 2002 to 29 September 2006.  

3.  He was released from active duty on 29 September 2006 in the rank of 1LT and he was transferred to the U.S. Air Force Reserve to complete his remaining service obligation.  His effective date of pay grade is shown as 8 November 2004. 

4.  He was discharged from all appointments in the U.S. Air Force on 24 June 2009. 

5.  He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 25 June 2009.  He entered active duty on 5 September 2009.  He was promoted to CPT on 9 March 2011. 

6.  He completed the Maneuver Captains Career Course from 8 September 2011 to 5 March 2012.  

7.  On 7 March 2013, in response to his petition to the Air Force Board for Correction of Military Records, he was granted relief with regard to promotion to CPT in the U.S. Air Force Reserve.  Accordingly, Headquarters, Air Reserve Personnel Center published Reserve Order BA-0241 promoting him to CPT in the U.S. Air Force Reserve effective 8 November 2006. 

8.  An advisory opinion was received from Accessions Branch, U.S. Army Human Resources Command on 23 March 2015 in the processing of this case.  An advisory official stated: 
	a.  The applicant's request to have his USAR and RA accession adjusted to reflect the rank of CPT effective 5 September 2009 cannot be legally done by the HRC, Officer Accessions Branch.  The applicant was correctly accessed into the Army through the Inter-Service Transfer Program as a 1LT in accordance with regulatory guidance.  Army Regulation 614-120 (Interservice Transfer of Army Commissioned Officers on the Active Duty List), paragraph 2-1(e), states "No officer will be transferred from one Uniformed Service and appointed in another Service with a precedence or relative rank higher than that held on the day before transfer."  In light of U.S. Air Force Reserve Order BA-0241, dated 7 March 2013, his promotion is effective 8 November 2006.  Based on this recent correction, his accession documents cannot be amended to achieve his requested resolution due to scroll confirmation requirements.

	b.  Reference Executive Order (EO) 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004.  In this Executive Order, the White House has delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further sub-delegation authorized.  On 1 July 2005, the directive was issued that all officers appointed, commissioned, or promoted must be on a "scroll" approved and signed by the Secretary of Defense.

	c.  In order to accomplish the applicant's request, he must be submitted for USAR and RA scroll confirmation in the rank of CPT, and approved with a 2015 confirmation date.  There is no precedent to obtain backdated confirmation dates to allow this office to amend the rank or DOR to reflect the year 2009.  His appointment cannot precede his scroll confirmation 

9.  The applicant was provided with a copy of this advisory opinion but he did not respond.  

10.  Army Regulation 614-120 establishes policies and explains procedures for Regular and Reserve commissioned officers of the Army on the active duty list (ADL) to apply for transfer to one of the other Uniformed Services.  It also governs the determination of grade and date of rank when commissioned officers of other Uniformed Services are appointed as Army commissioned officers on the ADL because of interservice transfer.  Paragraph 2-1(e) states "no officer will be transferred from one Uniformed Service and appointed in another Service with a precedence or relative rank higher than that held on the day before transfer."

11.  Title 10, U.S. Code (USC), section 12203 provides that appointments of Reserve officers in the grade of lieutenant colonel and below shall be made by the President.  This authority has been delegated to the Secretary of Defense via executive order (EO 13384, Section 1, 27 July 2005).  
DISCUSSION AND CONCLUSIONS:

1.  Appointments of commissioned officers to the USAR must be on a scroll approved and signed by the Secretary of Defense before a commissioned officer may take the oath of office.  Scroll confirmation is rank specific for commissioned officers transitioning from the RA to the USAR and from another component to the USAR. 

2.  The applicant was separated from the U.S. Air Force in the rank of 1LT.  He was scrolled for an Army Reserve commission as a 1LT and subsequently executed the oath of office and appointed in that grade on 25 June 2009.  

3.  Years after his Army Reserve appointment, he petitioned the Air Force Board for Correction of Military Records which granted him relief with regard to promotion to CPT in the U.S. Air Force Reserve.  Accordingly, Headquarters, Air Reserve Personnel Center published Reserve Order BA-0241 promoting him to CPT in the U.S. Air Force Reserve effective 8 November 2006. 

4.  He contends because the Air Force Board for Correction of Military Records corrected his records to show he was promoted to CPT earlier, his Army records should also be corrected to show he was appointed as a CPT vice 1LT with adjustment to his DOR and entitlement to back pay and allowances.  

5.  Scrolling is a function of the Secretary of Defense and it is not within the purview of this Board.  All military officer appointments under Title 10, USC, section 12203, in the Reserve of the Army not previously approved by 30 June 2005, including original appointments, shall also be submitted to the Secretary of Defense.  The scroll is issued monthly.  Scrolls take about 90 to 120 days to be approved by the Secretary of Defense due to the fact that the lists are processed through multiple offices before being approved by the Secretary of Defense.  As such, an adjustment to his date of appointment or to his grade at the time of appointment is not within the purview of this Board. 

6.  As the advisory official stated, the applicant's name must be submitted through his higher headquarters to the Army G-1 for USAR and RA scroll confirmation in the rank of CPT and approved with a 2015 confirmation date.  There is no precedent to obtain backdated confirmation dates to allow this office to amend the rank or DOR to reflect the year 2009.  His appointment cannot precede his scroll confirmation. 

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)                                         AR20150003375



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003375



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1