Mr. Carl W. S. Chun | Director | |
Ms. Stephanie Thompkins | Analyst |
Ms. Kathleen A. Newman | Chairperson | |
Mr. Lester Echols | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Correction to his date of rank for first lieutenant from 4 August 1999 to an earlier date.
APPLICANT STATES: That he was commissioned on 28 August 1981 as a second lieutenant, promoted to first lieutenant on 27 August 1984 and subsequently promoted to captain on 26 August 1988. He has held several positions within the United States Army Reserve (USAR), which included a battery commander of a training unit. He also states that he believes this experience should alter his date of rank to encompass his time in grade as a captain. In support of his request he submits copies of his promotion letter for captain, his officer record brief, and a letter of commendation.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the United States Air Force Reserve as a second lieutenant effective 28 August 1981 and was separated effective 2 March 1983.
He was appointed in the Oregon Army National Guard (ORARNG), Chemical Branch, as a second lieutenant effective 3 May 1983, with a date of rank of 28 August 1981, with prior service.
He was promoted to first lieutenant effective 27 August 1984 and to captain effective 26 August 1988.
He was separated from the Ready Reserve effective 3 December 1990 and transferred to the USAR Control Group (Retired).
On 18 September 2002, he was voluntarily released from the Retired Reserve and assigned to the USAR Control Group (Reinforcement).
He was appointed in the Reserve, Army Nurse Corps, as a first lieutenant effective 2 December 2002, with 5 years, 3 months and 28 days constructive service credit (CSC). Based on his appointment with an overage of 3 years, 3 months and 28 days, his date of rank was adjusted to 4 August 1999.
His Record of Award of Entry Grade Credit (Health Services Officers) shows he was awarded 4 years, 8 months and 17 days credit for his service as an Army officer in the Chemical Branch and 7 months and 11 days credit for his work experience as a Registered Nurse for a total entry grade credit of 5 years, 3 months, and 28 days.
Based on his date of rank for first lieutenant and the required 5 years in the lower grade, his maximum time in grade (MTIG) date for promotion to captain is 3 August 2004.
The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant does not have a basis to have his date of rank adjusted from 4 August 1999. The applicant was promoted to a captain in the Chemical Branch on 26 August 1988, and served in that status until his retirement on 3 December 1990. The applicant was reappointed in the Army Nurse Corps as a first lieutenant on 2 December 2002, with 5 years, 3 months and 28 days of CSC. He was appointed with an overage of credit of 3 year, 3 months and 28 days; therefore, his date of rank was adjusted to 4 August 1999. Since the applicant was appointed with CSC he is not eligible for an earlier date of rank. In view of the facts, it was recommended that the applicant’s request be denied.
The opinion was forwarded to the applicant for acknowledgment/rebuttal on 25 May 2003. He did not respond.
Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve in the six branches of the Army Medical Department (AMEDD). This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.
Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers, in effect at the time. This regulation specifies that promotion from second lieutenant to first lieutenant required completion of 3 years in the lower grade. Reserve officers appointed subsequent to 1 October 1996 in the grade of first lieutenant will be considered for promotion to captain after serving 5 years time in grade.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to correction to his date of rank for first lieutenant. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board notes the applicant’s contentions; however, the applicant was promoted to captain with a date of rank of 26 August 1988 while serving in the Chemical Branch. He was separated from the Reserve effective 3 December 1990 based on his retirement. He was subsequently appointed in the Reserve, Army Nurse Corps, as a first lieutenant with CSC for his prior service. With an overage of 3 years, 3 months and 28 days CSC his date of rank for this appointed was adjusted to 4 August 1999. He was appointed on 2 December 2002 and his date of rank was adjusted based on an overage of his CSC; therefore, he is not eligible for an earlier date of rank.
3. The Board also notes that the applicant’s prior service credit made him eligible for appointment in the Army Nurse Corps as a first lieutenant instead of a second lieutenant. It is also noted that he is eligible for promotion to captain in the Army Nurse Corps on or before 3 August 2004.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_JTM____ _KAN___ __LE____ DENY APPLICATION
CASE ID | AR2003087571 |
SUFFIX | |
RECON | |
DATE BOARDED | 20031002 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.00 |
2. | 131.01 |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2005 | 20050004573C070206
The applicant requests, in effect, further adjustment to his date of rank for captain. His available records also do not show he is entitled to award of additional CSC and possible adjustment to his date of rank for captain based on experience, civilian and military education earned after this appointment in the ANC. Therefore, based on the evidence provided at the time of the applicant's application for appointment, his initial CSC awarded at the time of his appointment was correct.
ARMY | BCMR | CY2003 | 2003090738C070212
The applicant's military records show he was appointed in the Reserve, Army Medical Specialist Corps (SP) Branch, as a second lieutenant effective 4 February 1992, with 8 months and 17 days constructive service credit (CSC). Based on the adjusted date of rank and five years time in grade requirement the applicant's promotion eligibility date to captain is 30 August 2004, and the 2004 RCSB is the earliest board he is eligible to be considered by. The opinion also stated that since the...
ARMY | BCMR | CY2005 | 20050009239C070206
The applicant provides copies of his Recommendation for Appointment memorandum in the Army National Guard (ARNG), his appointment orders, his DA Form 5074-1-R, his Federal Recognition and promotion orders for first lieutenant and captain, his DD Form 149 (Application for Correction of Military Records) dated 11 March 2004, his Board decision notification letter dated 3 February 2005, and his Board Proceedings dated 11 January 2005. In 2005, the Board recommended the applicant's records be...
ARMY | BCMR | CY2007 | 2007000395
The applicant requests, in effect, award of additional constructive service credit (CSC) and an adjusted higher entry grade on appointment. The applicant military records show that she was appointed in the United States Army Reserve, Army Nurse Corps, as a first lieutenant, effective 28 October 1999, with 5 years CSC. Therefore, based on the evidence provided at the time of the applicant's application for appointment, it appears her initial CSC, and entry grade awarded at the time of her...
ARMY | BCMR | CY2002 | 2002081339C070215
The applicant requests adjustment to his promotion effective date and date of rank for captain. He was erroneously not considered for promotion to captain by the 2000 Reserve Components Selection Board. If the applicant is selected, his records should be further corrected by showing he was promoted to captain on his date of eligibility as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.
ARMY | BCMR | CY2009 | 20090016177
The applicant provides copies of her 1998 and 2008 Appointment Memoranda, Chronological Statement of Retirement Points, Officer Record Brief, 2003 promotion memorandum, DA Form 2-1 (Personnel Qualification Record Part II), DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers), Statement for Enlistment package, and active duty orders. The applicants military records show she was appointed in the USAR, ANC, as a second lieutenant, effective 2 March 1998, with 9...
ARMY | BCMR | CY2006 | 20060004919C070205
The applicant requests, in effect, award of constructive service credit (CSC) for his prior commissioned service as a pharmacy officer to apply toward his present rank as a medical corps (MC) officer for the purpose of meeting eligibility for the 2006 Army Medical Department (AMEDD) lieutenant colonel promotion board. He also states that he had held the rank for captain for over 9 years, both as a pharmacy officer and as a MC officer prior to receiving a promotion to major. His records...
ARMY | BCMR | CY2003 | 2003091672C070212
The applicant requests, in effect, constructive service credit (CSC) for completion of a post-doctoral fellowship during the period 15 December 1992 to 12 August 1994 and adjustment to his active duty date of rank for major. The applicant states that upon completion of the United States Army Health Professions Scholarship Program, he was instructed to provide documents to determine his active duty date of rank. The applicant's military records show that he was appointed in the Reserve,...
ARMY | BCMR | CY2002 | 2002074564C070403
Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board also notes that based on the correction to his DOR’s for captain and major and for the applicant to receive the earliest promotion consideration for lieutenant colonel, it would now be appropriate to submit his records for...
ARMY | BCMR | CY2012 | 20120014975
The applicant states: * her original DOR to the rank of captain (CPT) was 1 May 2005 * she was selected for the Funded Nurse Education Program (FNEP) and began the program on 10 December 2007 * as a condition of the program, she transferred branches to the Army Nurse Corps (ANC) after she received her nursing degree on 30 August 2009 * her DOR was then recalculated * before her DOR was adjusted, she was selected for promotion to the rank of major (MAJ) * after the U.S. Army Human Resources...