| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Donald P. Hupman | Member | |
| Mr. John T. Meixell | Member |
THE BOARD ADDITIONALLY FINDS:
11. On 27 October 1999, this Board published a decisional document which directed a change to the applicant’s appointment grade and his promotion eligibility date to the next higher grade based on constructive credit of 5 years and 2 days documented in his original United States Army Reserve (USAR) appointment letter, dated 24 October 1995.
12. On 31 July 2000 a Certificate was issued by the Army Review Board Agency (ARBA) Support Division Chief, St. Louis, Missouri. This Certificate confirmed that the applicant’s records had been corrected as directed by this Board in its decisional document of 27 October 1999.
13. Subsequent to the implementation of this Board’s 27 October 1999 decision, the DA Form 5074-1-R prepared on the applicant on 3 November 1995 and a corrected appointment letter, dated 13 April 1998, were discovered in applicant’s United States Army Reserve (USAR) appointment file.
14. This DA Form 5074-1-R confirmed that at the time of his appointment, in accordance with Department of Defense (DOD) guidance, the applicant was entitled to receive only 2 months and 5 days of constructive credit based on his prior professional work experience, and not the 5 years and 2 days listed in his original appointment letter. This constructive credit award was verified by the USAR Program Manager and the Chief of the Army Nurse Branch, both of whom authenticated this document with their signatures on 3 November 1995.
15. The corrected appointment letter pertaining to the applicant, dated 13 April 1998, was published by PERSCOM, St. Louis and indicated that he was appointed a USAR Second Lieutenant (2LT) in the Army Nurse Corps and that he was awarded 2 months and 5 days of constructive credit in conjunction with his appointment acceptance date of 28 November 1995, as established by the DA 5074-1-R on file.
16. On 23 January 2001, a memorandum from the Chief, Office of Promotions, Reserve Components (RC), PERSCOM, St Louis, invited this Board’s attention to Exhibit B, the corrected appointment letter, issued on 13 April 1998, which had been published in response to an inquiry regarding the erroneous award 5 years and 2 days of constructive credit listed in the original appointment letter, dated
24 October 1995.
15. The RC Promotions Branch Chief also commented that after being contacted by the applicant and his personnel management officer, he discovered, upon further coordination with the USAR Appointments Branch, that the original appointment letter used by the Board in rendering its decision on 27 October 1999 contained an erroneous constructive credit award of 5 years and 2 days.
17. The RC Promotions Branch Chief further confirmed that the constructive credit awarded the applicant had been changed to 2 months and 5 days in the corrected appointment letter issued on 13 April 1998, which had been returned to the USAR Appointments Branch by postal authorities as undeliverable and resulted in the document never being filed in the applicant’s Official Military Personnel File (OMPF). Thus, it was not available to this Board during its original review of the case.
THE BOARD ADDITIONALLY CONCLUDES:
5. At the time of the Board’s 27 October 1999 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of his initial appointment based on the proper crediting of the constructive credit he was awarded in conjunction with his USAR appointment.
6. Notwithstanding the normal legal finality applicable to the decisions rendered by this Board, in view of the additional factors in this case that were discovered subsequent to the implementation of the Board’s original decision, the Board finds the original relief granted in this case was inappropriate based on records that existed at the time but that were not made available to this Board for review.
7. In addition, the Board finds it reasonable to presume that, even if he did not know the exact amount of time, the applicant should have been aware that he was not entitled to 5 years and 2 days of constructive credit based on his professional work experience prior to his appointment.
8. Notwithstanding the normal finality associated with this Board’s decisions, given the incorrect data contained in the records reviewed by the Board and the application of reasonableness in regard to the applicant’s knowledge of his proper constructive credit entitlement, the Board concludes it would be appropriate to modify its original decision in this case.
9. Therefore, in the opinion of the Board, it would be improper and unjust to allow the original corrections, outlined in the decisional document issued by this Board on 27 October 1999, to stand. The Board also concludes that the relief granted in its original findings should be modified and limited to providing all benefits associated with awarding the applicant 2 months and 5 days of constructive credit in conjunction with his appointment as a USAR 2LT on 28 November 1995, as confirmed by proper authorities.
10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.
THE BOARD RECOMMENDS:
That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 27 October 1999, to show that the individual concerned was awarded 2 months and 5 days of constructive credit in conjunction with his appointment as a 2LT in the USAR on 28 November 1995 and that his 2LT date of rank and subsequent promotion eligibility dates should be adjusted accordingly.
BOARD VOTE:
__jm____ ___jh ___ ___dh___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_____June Hajjar ______
CHAIRPERSON
| CASE ID | AR2001053851 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/03/13 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PLUS |
| REVIEW AUTHORITY | |
| ISSUES 1. 22 | 102.0800/credit constructive svc |
| 2. 14 | 102.0000/USAR officer appt |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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