Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 20040009571C070208
Original file (20040009571C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040009571


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |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 that the entries on her DD Form 214 (Certificate
of Release or Separation) at item 11 (Primary Specialty) and 12h (Effective
Date of Pay Grade) be corrected.

2.  The applicant states that item 11 should read 38A Civilian Affairs
General (RC) and that her correct effective date of pay grade (item 12h) is
29 November 2001 not 6 May 2001.

3.  The applicant provides copies of an 11 July 2003 DD Form 214, a DD Form
214WS (DD Firm 214 Worksheet), a 12 June 2004 DD Form 214, and a 5 June
2003 Army Reserve Personnel Command Letter Orders T-06-307970 ordering the
applicant to active duty for training as a colonel.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are the military records which were
summarized in the related Army Board for Correction of Military Records
(hereafter referred to as the Board) review in Docket Number AR2001054359,
of 14 February 2002.

2.  The applicant's request for additional constructive credit was granted
and the Board directed that her records be corrected by granting her an
additional 2 years, 3 months, and 24 days of constructive credit.

3.  The Board found that this correction resulted in a grant of 1 year,
11 months, and 24 days of constructive credit beyond the 10 years required
for appointment to major.  It directed that her appointment grade and date
of rank; in addition, to all subsequent promotion dates and dates of rank,
be adjusted based on the entry grade constructive credit changes authorized
and that she be provided any back pay and allowances due as a result.

4.  As a result of the directed actions, the applicant's records were
corrected to show she was commissioned as a major on 15 March 1993.

5.  A Total Army Personnel Command (TAPC) Promotion Memorandum Order, dated
13 March 2001, indicates that the applicant was promoted to lieutenant
colonel effective 20 March 1998.  The copy of this memorandum in the
applicant's records indicates this is a corrected letter that was issued on
29 May 2002.

6.  A 1 November 2002 Total Army Personnel Command (TAPC) Promotion
Memorandum Order indicates that the applicant's effective date of promotion
to colonel is 17 October 2002.

7.  A Total Army Personnel Command (TAPC) Promotion Memorandum Order, dated
29 November 2001, indicates that the applicant was promoted to colonel
effective 29 November 2001.  The copy of this memorandum in the applicant's
Official Military Personnel File (OMPF) indicates that this memorandum was
issued on 18 July 2003.  It also appears to indicate that she was selected
for promotion by a Special Selection Board of 4 March 2003.

8.  The available records do not contain any copies of orders indicating a
6 May 2001 effective date of pay grade for promotion to colonel.

9.  The applicant served on active duty for the period 12 January 2002
through 11 July 2003.  She was released from active duty in the rank of
colonel (O-6).  The DD Form 214, issued for this period, indicates service
in the primary specialties of 60C Preventive Medicine Officer, 38A Civil
Affairs General (RC), 60D Occupational Medicine Officer, and 61N Flight
Surgeon.  It lists her effective date of pay grade, item 12h, as 29
November 2001.

10.  A DD Form 214WS has the typed entry, at item 11, of "60C Preventive
Medicine Officer – nothing follows".  Handwritten corrections list the
additional primary specialties of 38A Civil Affairs General (RC), 60D
Occupational Medicine Officer, and 61N Flight Surgeon.  The handwritten
numeric code for 38A Civil Affairs General is slightly illegible.  The
typed entry at item 12h lists her effective date of grade as 29 November
2001.

11.  The applicant's official 12 June 2004 DD Form 214 lists her primary
specialties as 60D Occupational Medicine Officer, 35A Military Intelligence
General, 60C Preventive Medicine Officer, and 61N Flight Surgeon.  Item 12h
has the date 6 May 2001.

12.  The applicant's records contain no indication that the applicant ever
served in any capacity of as Military Intelligence Officer (35A).

DISCUSSION AND CONCLUSIONS:

1.  The handwritten numeric code for 38A, Civilian Affairs General (RC), is
slightly illegible on the worksheet and could easily be read as 35A, which
is for Military Intelligence.

2.  Since there is no indication that the applicant ever served in a 35A
Military Intelligence Officer position but did serve as a 38A Civil Affairs
Officer, this entry should be corrected.

3.  The record contains no orders or other information to support the entry
of 6 May 2001 as an effective date of pay grade.  The corrected Promotion
Orders Memorandum, issued 18 July 2003, indicates her correct date of pay
grade for colonel is 29 November 2001.  Therefore, the entry at item 12h on
her 12 June 2004 DD Form 214 should be corrected to show this date.


BOARD VOTE:

__JRM__  _SLP____  __RLD__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by deleting the entry of 35A Military Intelligence and replacing
it with 38A Civil Affairs General (RC).

2.  Further, item 12h, on the 12 June 2004 DD Form 214, should be corrected
to show an effective date of pay grade of 29 November 2001.




                                  _      Shirley L. Powell_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009571                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060015103

    Original file (20060015103.txt) Auto-classification: Approved

    (As a result, the Regional Personnel Actions Division, Army Reserve Personnel Command, St. Louis, Missouri, indicated that it had administratively corrected the applicant's records to show 3 years of constructive service credit; however, in doing so, actually only credited the applicant with 2 years and 364 days of constructive credit (i.e., 14 January 1981), not 3 years of constructive credit (i.e., 13 January 1981).) On 22 January 2004, the USAR ANC PM provided an advisory opinion...

  • ARMY | BCMR | CY2009 | 20090020760

    Original file (20090020760.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her records as follows: * Award of 8 years and 11 months of constructive service credit (CSC) in order to establish her promotion eligibility to major (MAJ) as March 2001 * Adjustment of her date of rank (DOR) as a MAJ to an appropriate date to put her in the zone for promotion to lieutenant colonel * Correction of her education error * Informing the U.S. Army...

  • ARMY | BCMR | CY2005 | 20050008046C070206

    Original file (20050008046C070206.doc) Auto-classification: Approved

    The applicant requests correction to her date of rank on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The evidence of record shows that applicant's date of rank for first lieutenant was 26 August 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on her DD Form 214, Item 12h, her effective date of pay grade for first lieutenant as 26 August 2001.

  • ARMY | BCMR | CY2007 | 20070004034

    Original file (20070004034.txt) Auto-classification: Approved

    The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) for the period ending 12 October 2005, to show award of the Army Commendation Medal and to include the number of years and months he has held his area of concentration (AOC) 60C (Preventive Medicine). The available evidence clearly shows that the applicant has been qualified in preventive medicine since June 1967. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2008 | 20080004784

    Original file (20080004784.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records to show his effective date and date of rank for lieutenant colonel as 10 September 2003. On 17 June 2005, the applicant submitted a request for award of 45A AOC to the 70th RRC. The memorandum, dated 13 May 2005, informing the applicant of this promotion does not indicate the AOC in which he was promoted.

  • ARMY | BCMR | CY2001 | 2001054359C070420

    Original file (2001054359C070420.rtf) Auto-classification: Approved

    A USAREC opinion, dated 22 June 2001, recommended that the applicant’s date of rank stand as presently noted and stated that the information provided by the applicant did not increase the amount of her constructive credit. A DA Form 5074-R, dated 9 January 2002, published by USAREC and provided to this Board with the 11 January 2002 advisory opinion, awards the applicant a total of 11 years, 3 months, and 22 days of entry grade constructive credit. It further indicated that the entry grade...

  • ARMY | BCMR | CY2006 | 20060011200

    Original file (20060011200.txt) Auto-classification: Approved

    The applicant requests that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 2006 be corrected to show sergeant first class/pay grade E-7; that item 12a (Date Entered AD [Active Duty] This Period) be corrected to show 6 July 2004; that item 12b (Separation Date This Period) be corrected to show 2 February 2006; that item 12c (Net Active Service This Period) be corrected; and that item...

  • ARMY | BCMR | CY2012 | 20120006896

    Original file (20120006896.txt) Auto-classification: Approved

    Army Regulation 635-100, in effect at the time of the applicant's retirement, provided the authority for the separation of commissioned and warrant officers from the Active Army. The evidence of record supports the applicant's request for correction of his DD Form 214. The absence of a voluntary request for retirement in his record indicates he was retired as the result of a reduction in force as indicated in the memorandum to TAPC requesting corrections to his DD Form 214.

  • ARMY | BCMR | CY2003 | 2003088780C070403

    Original file (2003088780C070403.rtf) Auto-classification: Approved

    The applicant requests correction of item 8a (Last Duty Assignment and Major Command) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Defense Intelligence Agency, Washington, D.C.; correction of item 12h (Effective Date of Pay Grade) to show 19 August 1988; and correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Joint Meritorious Unit Award, the Joint Service Achievement Medal,...

  • ARMY | BCMR | CY2012 | 20120004772

    Original file (20120004772.txt) Auto-classification: Approved

    The applicant requests correction of her records to show she was promoted to staff sergeant (SSG)/E-6. f. it took over two years for the medical board to reach a conclusion to place her on the Temporary Disability Retirement List (TDRL). The evidence of record shows the applicant had been selected for promotion to SSG by the CY01 SSG, RC/AGR Promotion Board and was entitled to be retired in that grade on 10 May 2002.