RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2007
DOCKET NUMBER: AR20060006214
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.
Acting Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 records be corrected by adjusting his date of rank (DOR) to major to 13 August 2000.
2. The applicant states that he was commissioned on 16 August 1977 as a Captain in the Medical Corps and should have received 11 years of constructive credit. He contends that if his constructive credit had been calculated correctly he would have had the equivalent of a commission as a second lieutenant on
16 August 1986, with a DOR to first lieutenant of 15 August 1989, DOR to captain of 14 August 1993, and a DOR for major of 13 August 2000, and would then have been eligible for lieutenant colonel in 2006.
3. The applicant provides copies of his board certification, curriculum vitae, and training certificates, in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 17 August 1997, the applicant was appointed as a commissioned officer in the U.S. Army Reserve in the grade of captain, as a Medical Corps officer.
2. The applicant's appointment letter shows he was credited with 10 years of constructive service credit as of 26 August 1997.
3. The applicant was promoted the grade of major on 3 May 2004.
4. In the processing of this case an advisory opinion was obtained from the U.S. Army Recruiting Command, Fort Knox, Kentucky, which opined that the applicant's request be denied. The Program Manager for the Medical Corps Health Services Directorate states that at the time of the applicant's commission he had completed 6 years of residency and 4 years of Medical School, which totaled 10 years, 0 months and 0 days of constructive credit. The opinion noted that the applicant is not due any additional constructive credit based Army Regulation 135-101 and Title 10, DODI 6000.13.
5. On 1 February 2007, the applicant was provided a copy of the Advisory Opinion and has not responded.
6. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), Chapter 3 provides for grade and date of rank appointment. Paragraph 3-1 states that grade and date0020of rank upon original appointment and assignment to a Medical branch will be determined by the number of years of entry grade credit awarded. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit upon appointment or assignment will be recorded on DA Form 5074-R for medical and dental officers. A period time will be counted only once when computing entry grade credit. Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.
7. Army Regulation 135-101, also provides, that credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade. The regulation provided for an appointment as a Reserve Officer in the Medical Corps in the grade of captain required entry grade credit of 4 years or more, but less than 14 years. The applicant's 10 years of constructive credit allowed him to be commissioned in the grade of captain, with an excess credit of 6 years.
DISCUSSION AND CONCLUSIONS:
1. The computations used that resulted in the applicant being credited with
10 years of service when he was appointed as a captain in the Medical Corps in 1997 are unavailable to the Board; that is, the DA Form 5074-R used to record entry grade credit is not contained in his records. Nonetheless, it is presumed that the period credited is accurate.
2. The applicant was commissioned on 17 August 1997, as a captain which used 4 years of his 10 years of constructive credit leaving him an excess of
6 years to be used to adjust his date of rank.
3. The applicant's date of rank was adjusted by 6 years, giving him a DOR to captain of 17 August 1991. The applicant's DOR is correct and there is no
Justification for adjusting it to an earlier date.
4. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___LS __ ___JP __ __ES____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
_____Linda Simmons________
CHAIRPERSON
INDEX
CASE ID
AR20060006214
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070508
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
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