RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060007901


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 active date of rank (ADOR) to captain
(CPT) be adjusted to 23 May 2000.

2.  The applicant states that the ADOR listed on the Military Personnel
(MILPER) message regarding his eligibility for promotion incorrectly
reflects 5 September 2001.  He states that the date he was promoted to CPT
is actually 23 May 2000 as evidenced by his Oath of Office in his Official
Military Personnel File (OMPF).

3.  The applicant provides his DA Form 71 (Oath of Office), his appointment
letter, and an email.

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application to the Army Board
for Correction of Military Records (ABCMR), he was serving on active duty
as a Medical Corps officer in the rank of CPT.

2.  The applicant was appointed as a Reserve commissioned officer on 23 May
2000 in the rank of CPT.  He was awarded four years of constructive service
credit.

3.  Orders published on 25 August 2005 state that, effective on the date of
the applicant's entry on active duty, the applicant would be appointed in
the Reserve grade of CPT and placed on the active duty list in the grade of
CPT in accordance with Army Regulation 135-101.  The orders also state that
his DOR would be adjusted based on 8 years of constructive credit.  On 25
August 2006, Human Resources Command confirmed that JUMPS (Joint Uniformed
Military Pay System) showed the applicant entered active duty on 5
September 2005.

4.  Department of the Army, U.S. Army Human Resources Command, Alexandria,
Virginia Order Number 010-001, dated 10 January 2006, shows the applicant’s
CPT ADOR was determined to be 5 September 2001.

5.  In the processing of this case, a staff advisory opinion was obtained
from the Deputy Chief, Promotions Branch, U.S. Army Human Resources
Command, Alexandria, Virginia.  The opinion states that the applicant’s
date of rank is based on total constructive credit and his entry onto
active duty, not the date he was commissioned.  The opinion states the
applicant entered active duty on 5 September 2005 as a CPT with eight years
of constructive credit.  Four years of constructive credit is required to
enter active duty as a captain in the Medical Corps.  The applicant entered
active duty on 5 September 2005 and four years was subtracted from this
date.  His date of rank was determined as 5 September 2001.  This office
opined that the applicant’s date of rank is correct and no action is
required.

6.  A copy of the advisory opinion was provided to the applicant for
rebuttal.  However, he did not respond within the time allotted.

7.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), effective 15 February
1984, provides policy for the appointment of reserve commissioned officers
for assignment to Army medical branches.  In pertinent part, it states that
the grade and date of rank upon original appointment and assignment to an
Army Medical Department branch will be determined by the number of years of
entry grade credit awarded.  Except as limited by maximum credit limits,
entry grade credit granted will be the sum of constructive service credit
and the credit for prior active commissioned service.

8.  Army Regulation 600-8-29 (Officer Promotions), paragraph 1-43b states
the ADOR will be determined by backdating from the date of placement on the
active duty list (ADL) 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:

1.  The applicant was appointed as a Reserve CPT in the Medical Corps on
23 May 2000 with four years of constructive service credit.

2.  The evidence of record shows the applicant was ordered to active duty
on 5 September 2005.  Based on his constructive credit and in accordance
with regulatory guidance, his date of rank to CPT was adjusted to
5 September 2001.

3.  There is no error or injustice that exists in this case regarding the
applicant's ADOR to CPT.  He was appointed to CPT on 23 May 2000 and that
was his Reserve DOR.  However, once he entered active duty, he competed
against active duty officers.  Therefore, his ADOR was adjusted
accordingly.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

WP______  JR______  KJ______  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.




                                  William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007901                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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