| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Ms. Lana E. McGlynn | Member | |
| Ms. Yolanda Maldonado | Member |
5. Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), paragraph 3-7 sets for the policy for determining appointment grade and date of rank. It provides that entry grade and date of rank in commissioned officer grades will be determined by the entry grade credit awarded on appointment. The entry grade credit awarded will be the sum of the prior commissioned service allowed.
6. During the processing of this case an advisory opinion was obtained from the Army Human Resources Command [then the Total Army Personnel Command]. The deputy chief of the Promotions Branch opined that the applicant's original date of rank on the active duty list was correctly determined to be 10 August 1989, the day he entered active duty for the OBC. His subsequent dates of rank were, consequently, also correct. A copy of the opinion was furnished the applicant for rebuttal. He did not respond within the time allotted.
DISCUSSION AND CONCLUSIONS:
1. In accordance with the governing directive, Army Regulation 600-8-29, the applicant's original date of rank on the ADL was correctly determined to be 10 August 1989, the date he entered active duty. Although he had been appointed on 13 May 1989 there is no available evidence to show that he rendered any service during the interim. Therefore, he was not entitled to have his ADOR backdated.
2. His date of rank when he was appointed an AGR captain was also properly determined under Army Regulation 135-100 based on the sum of the prior commissioned service.
4. The foregoing is in consonance with the advisory opinion from the Promotions Branch, Army Human Resources Command.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RVO__ ___LEM__ ___YM _ DENY APPLICATION
| CASE ID | AR2003086299 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031125 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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