RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 January 2006
DOCKET NUMBER: AR20050001494
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. William D. Powers | |Chairperson |
| |Mr. Thomas M. Ray | |Member |
| |Mr. Randolph J. Fleming | |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 his date of rank (DOR) be adjusted to
2 September 2001.
2. The applicant states he was promoted to captain in the U. S. Army
Reserve (USAR) on 2 September 2001. When he entered active duty, his DOR
was inappropriately adjusted to 14 November 2003.
3. The applicant provides his captain promotion orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a commissioned officer in the USAR on an
unknown date. (An award certificate on his Official Military Personnel
File shows he was a first lieutenant when he was awarded the Army
Achievement Medal for the period 28 February 1997 to 30 June 2001.
2. Effective 2 September 2001, the applicant was promoted to captain in
the USAR, Medical Service Corps.
3. U. S. Army Human Resources Command (USAHRC) Orders A-01-490130 dated 29
January 2004 ordered the applicant to active duty (date of accession 14
July 2004) in the rank of captain. His active duty orders show he was
placed on the active duty list (ADL) in the grade of captain and his DOR
was to be adjusted based on constructive credit of 4 years and phase points
of 3 years and 4 months.
4. Based on the instructions in his active duty orders, USAHRC Order
Number 279-001 dated 5 October 2004 determined the applicant's active DOR
(ADOR) to captain to be 14 November 2003.
5. In the processing of this case, an advisory opinion was obtained from
Promotions Branch, USAHRC. That office stated the applicant's DOR was
computed based on the wording of his active duty orders. In order to amend
his DOR, the applicant's active duty orders would have to be amended to
read he was ordered to active duty in "current grade held."
6. A copy of the advisory opinion was provided to the applicant for
comment. He concurred with the advisory opinion.
7. On 27 December 2005, the U. S. Army Recruiting Command confirmed the
applicant was ordered to active duty in "current grade held." However,
since his appointment orders were not available, they could not have his
active duty orders amended.
8. Army Regulation 600-8-29 (Officer Promotions), paragraph 1-41 of the
version effective 30 December 1994 stated that, if an other than Regular
Army (OTRA) commissioned officer assigned to an Army Medical Department
Corps was ordered to active duty and placed on the ADL in the Reserve grade
currently held (without a concurrent new original appointment), the ADOR
would be the effective date of placement on the ADL backdated by either 3
years or the period calculated under paragraph 1-39b, whichever was less.
9. Army Regulation 600-8-29, paragraph 1-39b(1) stated an OTRA
commissioned officer in the grade of first lieutenant or above who received
a Reserve promotion after their most recent original appointment would have
an ADOR established by backdating their date of placement on the ADL by the
period they served in an active status in their current grade.
DISCUSSION AND CONCLUSIONS:
1. The U. S. Army Recruiting Command confirmed the applicant was ordered
to active duty in "current grade held." Since he had been promoted to
captain in the USAR on 2 September 2001 and he was ordered to active duty
and placed on the ADL on 14 July 2004, his active date of rank should have
been backdated to 2 September 2001 (i.e., the period he served in an active
status at that rank as it was less than 3 years).
2. Since the applicant's appointment orders were not available, the U. S.
Army Recruiting Command could not have his active duty orders amended.
However, it would be equitable for this Board to amend his active duty
orders to show he was ordered to active duty in "current grade held."
BOARD VOTE:
__wdp___ __tmr___ __rjf____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. amending USAHRC Orders A-01-490130 dated 29 January 2004 to delete
the phrase, in the additional instructions, "DOR is to be adjusted based on
constructive credit of 4 years, 0 months, 00 days and phase points of 3
years, 4 months, 0 days";
b. amending USAHRC Orders A-01-490130 dated 29 January 2004 to add
the phrase, "ordered to active duty in current grade held," in the
appropriate section;
c. amending or revoking USAHRC Order Number 279-001 dated 5 October
2004 so as to ensure his ADOR to captain was determined to be 2 September
2001; and
d. paying to the applicant any back pay and allowances and ensuring
he receives any promotion considerations due as a result of this
correction.
__William D. Powers___
CHAIRPERSON
INDEX
|CASE ID |AR20050001494 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060105 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |131.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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