RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 December 2004
DOCKET NUMBER: AR2004105783
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Mr. Thomas E. O'Shaughnessy | |Member |
| |Ms. Laverne V. Berry | |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 her Officer Record Brief (ORB) be reviewed
to determine the accuracy of her date of rank.
2. The applicant states that, depending on the number of months given for
constructive credit for her optometric education and the number of phase
points required to enter active duty as a captain, her date of rank may be
incorrect. She believes her correct date of rank should be 6 September
2002.
3. The applicant provides her DA Form 71 (Oath of Office – Military
Personnel), her temporary duty orders (to attend the Army Medical
Department Officer Basic Course), and her assignment orders.
CONSIDERATION OF EVIDENCE:
1. The applicant accepted appointment as a U. S. Army Reserve first
lieutenant in the Medical Service Corps on 9 May 2003. She entered active
duty as a captain on 6 July 2003. She had been awarded 4 years of
constructive credit and phase points of 3 years and 4 months.
2. In the processing of this case, an advisory opinion was obtained from
the Promotions Branch, U. S. Army Human Resources Command. That office
noted the applicant entered active duty on 6 July 2003 as a captain. In
order to enter active duty as a captain one must have 3 years and 4 months
grade point. Since the applicant received 8 months excess credit, 8 months
was subtracted from her date of entry on active duty (6 July 2003), giving
her a captain date of rank of 6 November 2002 in accordance with Army
Regulation 600-8-29, paragraph 1-41. That office believed the
applicant subtracted her 8 months from her commission date of 9 May 2003.
3. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. She did not respond within the given time frame.
4. Army Regulation 600-8-29 (Officer Promotions), paragraph 1-41 states
that if an officer is tendered a new original appointment in conjunction
with being ordered to active duty, the active date of rank (ADOR) will be
determined by backdating from the date of placement on the active duty list
by a period equal to the number of days by which the entry grade credit
awarded exceeds the promotion phase point in the competitive category that
established the entry grade.
DISCUSSION AND CONCLUSIONS:
The applicant's ADOR was correctly determined to be 6 November 2002. The
ADOR is computed from an officer's entry on active duty. The applicant
entered active duty on 6 July 2003 as a captain, for which grade she needed
3 years and 4 months grade point. Since she received 8 months excess
credit, 8 months was subtracted from her date of entry on active duty (6
July 2003), giving her a captain date of rank of 6 November 2002.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__rjw___ __teo___ __lvb___ 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.
__Raymond J. Wagner___
CHAIRPERSON
INDEX
|CASE ID |AR2004105783 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041202 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |102.07 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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