RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 January 2007
DOCKET NUMBER: AR20060006952
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. Stephanie Thompkins | |Analyst |
The following members, a quorum, were present:
| |Mr. Bernard P. Ingold | |Chairperson |
| |Mr. Ronald D. Gant | |Member |
| |Mr. Edward E. Montgomery | |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, adjustment to his date of rank for
captain from 31 December 2004 to 13 February 2001.
2. The applicant states, in effect, his date of rank should be adjusted to
reflect the time he has already served in the grade of captain. He also
states that he honorably served in the active Army as a captain from
1 December 1996 to 19 October 2000. At his separation briefing he was
advised that he could reenter the military in the future. He was not
advised that he would lose credit for his time in grade.
3. The applicant provides copies of his Service School Academic Evaluation
Report; his captain promotion orders; his officer evaluation reports for
the periods ending 31 May 1997, 30 September 1997, 23 February 1998, 24 May
1998; 24 May 1999, and 24 May 2000; his DD Form 214 (Certificate of Release
or Discharge from Active Duty), his officer record brief, his security
clearance verification memorandum, and his Army Physical Fitness Test
Scorecard, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed in the United
States Army Reserve (USAR), Medical Service Corps MSC, as a second
lieutenant, effective 30 May 1992, with prior enlisted service. He entered
on active duty effective 30 September 1992.
2. He was promoted to first lieutenant effective 30 September 1994 and to
captain effective 1 December 1996.
3. He was discharged from active duty effective 19 October 2000. His DD
Form 214 does not show he was transferred to the USAR Control Group
(Reinforcement) and his discharge terminated his commissioned status.
4. He was appointed in the USAR, MSC, as a captain, effective 31 December
2004. His appointment memorandum stated that he was being reappointed in
the highest grade held and his date of rank and pay entry basic date would
be adjusted.
5. The applicant had a break in service from 19 October 2000 to
31 December 2004. His date of rank for captain was not adjusted to 13
February 2001, based on his break in service of 4 years, 2 months, and 12
days being added to his previous date of rank for captain of 1 December
1996.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is entitled to
adjustment to his date of rank for captain from 31 December 2004 to
13 February 2001, based on his previous date of rank for captain and break
in service time.
2. The applicant was promoted to captain effective 1 December 1996, while
serving as a member of the USAR, MSC. He was discharged effective
19 October 2000. He was reappointed in the USAR effective 31 December 2004
as a captain. At the time of his reappointment he was eligible for
adjustment to his date of rank. His date of rank was not adjusted to 13
February 2001, based on his total break in service time being added to his
previous date of rank for captain.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
__BPI___ _RDG___ _EM_____ 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
showing the applicant was appointed in the United States Army Reserve,
Medical Services Corps, as a captain, effective 31 December 2004, with an
adjusted date of rank of 13 February 2001.
____Bernard P. Ingold______
CHAIRPERSON
INDEX
|CASE ID |AR20060006952 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070111 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2005 | 20050017418C070206
The applicant states, in effect, that on 18 August 2004 the Army Board for Correction of Military Records (ABCMR) concluded that his promotion eligibility date (PED) for MAJ was 2 November 2003. The applicant further states, in effect, that he subsequently received promotion orders to the grade of rank of MAJ, with an effective date and DOR of 27 December 2004. The USA HRC advisory official states that the applicant was issued a select memorandum, dated 1 November 2005, indicating a...
ARMY | BCMR | CY2003 | 2003091590C070212
The applicant requests, in effect, promotion to captain with a date of rank based on the 1995 Reserve Components Selection Board (RCSB). Based on the required 4 years time in grade, his promotion eligibility date (PED) for captain was 14 October 1994. An officer selected by an SSB would be entitled to the same date of rank as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered the officer.
It appears to DAS that MPPU is recommending the applicant be promoted to captain effective 15 May 1993, prior to his appointment in the Air Force Reserve. Upon completion of the Medical Diploma (MD), a reappointment application must be completed and submitted to ANG/DPPS in accordance with AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories - Reserve of the Air Force and United States Air Force. A review of his state records revealed...
ARMY | BCMR | CY2006 | 20060007585C070205
The applicant requests, in effect, adjustment to his reappointment date in the United States Reserve (USAR), Chaplain Branch from 31 March 2006 to 1 October 2005 and promotion consideration to major by a special selection board (SSB) under the 2006 year criteria. The applicant was appointed in the USAR, Chaplain Branch, as a captain, effective 31 March 2006. In an advisory opinion, dated 28 July 2006, the Chief, Reserve Appointments, HRC, St. Louis, stated that the applicant was discharged...
ARMY | BCMR | CY2010 | 20100020937
It appears that on 2 February 2007 the applicant executed an Oath of Office and she was appointed as a USAR AD CPT. In the 18 February 2009 advisory opinion, an official at HRC, Reserve Appointments recommended approval of the applicant's request for an adjustment of her appointment date. She was appointed as a USAR officer on 2 February 2007.
ARMY | BCMR | CY2010 | 20100027837
A USARC Form 56-R (Promotion Qualification Statement for [U.S. Army Reserve Command] Mobilized TPU Officers), dated 25 August 2003, shows his commander verified he was qualified for promotion. An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date he/she completes the maximum service. The evidence of record does not show errors in the applicant's rank or DOR.
ARMY | BCMR | CY2001 | 2001052119C070420
Following the non-selection for promotion, the applicant requested that this Board correct his records to reflect that the period he was in a questionable status not be considered toward his mandatory promotion date. Records of the ARNG show the applicant’s periods of service as 6 June 1979 to 15 February 1985 - Regular Army (RA), 16 February 1985 to 31 December 1998 - Army Reserve (USAR) and 1 January 1999 to the present - NYARNG. Section 2-2, Inactive and active status, states that an...
ARMY | BCMR | CY2011 | 20110022153
The applicant requests adjustment of her captain date of rank (DOR) to 24 February 2002 and promotion consideration to major by a special selection board (SSB). 2008-03-02 day prior to reappointment in ARNG 2006-12-12 day following discharge date from USAR-Reinforcement 1-02-20 subtotal +1 provides for inclusive dates 1-02-21 period of civilian break 2000-12-01 effective date and DOR for promotion to captain on active duty 2002-02-22 adjusted DOR to captain 4. As a result, the Board...
ARMY | BCMR | CY2001 | 2001065833C070421
DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 13 November 2001, shows the applicant was credited with 7 years, 2 months and 13 days adjusted total entry grade credit for appointment She was given 1 year for constructive credit for Reserve time for the periods of 28 August 1987 to 14 July 1988 and from 15 July 1991 to 13 February 1994 (622 days). Thus she came into the Army Reserve as a captain with 2 months and 13 days (or 73 days) of...
ARMY | BCMR | CY2003 | 2003088695C070212
The applicant requests that his report of separation (DD Form 214) be corrected to show full active duty service credit for the period of 10 January 1999 through 4 January 2001, that he was honorably discharged due to completion of required service, and that he was appointed in the rank of major, with entitlement to all back pay and allowances. The applicant states through an extensive and voluminous application, in effect, that he was promoted to the rank of lieutenant commander (O-4) in...