RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            2 August 2005
      DOCKET NUMBER:   AR20040009019


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his entry grade in the Army
Nurse Corps (ANC) be changed from Captain (CPT) to Major (MAJ).

2.  The applicant states, in effect, that in May 2003 he spoke with an ANC
recruiter about the possibility being accessed into the Army and before he
would proceed with his application, he informed the recruiter he would
accept no rank less than MAJ.  He indicates that a field grade template was
sent to him and he completed all necessary documents and returned the
packet.  In July 2003, his recruiter informed him that he would be accessed
into the Army as a MAJ, and on 15 September 2003, he was notified that his
application was approved and that he was to be accessed into the Army in
the rank of MAJ.  He also states that on 18 September 2003, he was
commissioned in the ANC in the rank of MAJ.  He further states that the
next day, 19 September 2003, he was informed that a mistake had been made
in determining his active duty entry grade.  A United States Army
Recruiting Command (USAREC) official told him that his entry grade would be
CPT because there was mistake made in the process used to calculate his
constructive service credit.

3.  The applicant further states that he does not dispute his constructive
service calculation is correct according to regulation; however, given he
had been assured his entry grade would be MAJ throughout the entire
accession process and because he actually took the oath of office in that
grade, his entry grade should be changed anyway.  He contends that he
should not be penalized because of someone else made a mistake.  He finally
states that when faced with the decision to continue his life outside the
ANC or to accept a commission in the rank of CPT, he chose to serve his
country as an ANC officer.

4.  The applicant provides the following documents in support of his
application:  an email from USAREC dated 1 July 2003, three Officer
Evaluation Reports
(DA Form 67-9, Biographical Summary dated 11 October 2004; U.S. Army Human
Resources Command (AHRC) Orders Number (#) M-07-402600R dated 23 July 2004;
AHRC Orders # M-07-402600 dated 14 July 2004; and AHRC Orders # A-10-394056
dated 30 October 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he is currently serving on active
duty at the Brooke Army Medical Center, Fort Sam Houston, Texas.  His
record shows he was appointed a CPT in the ANC of the United States Army
Reserve (USAR) on 12 January 2004.
2.  In connection with his appointment processing, a Record of Award of
Entry Grade Credit Health Services Officers (DA Form 5074-1-R) was prepared
on the applicant on 29 September 2003.  This document confirms he was
granted a total of 7 years, 1 month, and 29 days of constructive service
credit based on his prior service.  It also shows that 3 years, and 4
months of the constructive service credit was required for his entry grade
of CPT, and the remaining
3 years, 9 months and 29 days of constructive service credit was applied
for date of rank (DOR) purposes, which resulted in his CPT DOR being
established as
13 March 2000.

3.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches) prescribes policy,
procedures, and eligibility criteria for appointment in the Reserve
Components of the Army, with or without concurrent active duty, in the six
branches of the Army Medical Department (AMEDD).  Chapter 3 contains
guidance on awarding entry grade credit for Reserve appointment grade
determination.  Paragraph 3-4 (Transition Credit) states, in pertinent
part, that the law and regulations in effect on the date of the appointment
will determine the grade and date of rank upon appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he should have been appointed a MAJ in
the ANC based on the initial approval made by a USAREC official in that
rank and his initial sworn oath of office and the supporting documents he
provided were carefully considered.  However, these factors are not
sufficiently mitigating to support relief in this case.

2.  The governing regulation clearly stipulates that the law and
regulations in effect on the date of the appointment will determine the
grade and date of rank upon appointment.  The policy in effect at the time
of the applicant’s appointment authorized an entry grade of CPT based on
the constructive service credit he was awarded.  An entry grade of MAJ
required constructive service beyond what the applicant was granted.
Therefore, he was properly granted an entry grade of CPT with a DOR
adjustment based on the constructive service credit he had been credited
with in excess of that required for his entry grade.

3.  By the applicant’s own admission, there is no error in the constructive
service credit he was granted.  He further acknowledges that after learning
a mistake had been made in determining his entry grade, he was given the
option of accepting the ANC appointment as a CPT, or not to be appointed.

4.  Although, the initial administrative errors made that led him to
believe his entry grade would be were unfortunate, after these mistakes
came to light and were rectified, he voluntarily elected to accept his
appointment in the entry grade of CPT.  As a result, there appears to be no
error or injustice related to the entry grade he was assigned.  Therefore,
there is an insufficient evidentiary basis to support granting the
requested relief.

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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___RLD _  __JRM__  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.




            ____William D. Powers ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009019                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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