RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   27 March 2007
	DOCKET NUMBER:  AR20060008898 


	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, in effect, correction of her reappointment date as an Army Medical Specialist (SP) Corps officer to show 6 months of constructive credit.  She also requests that her date of rank (DOR) to first lieutenant (1LT) be adjusted to approximately 1 November 2003, with payment of appropriate back pay and allowances.  She further requests, in effect, that her eligibility date for promotion to captain (CPT) be determined. 

2.  The applicant essentially states that she was originally commissioned a Medical Service (MS) Corps officer on 27 May 2001, and completed the Army Medical Department (AMEDD) Officer Basic Course (OBC) on 5 April 2002.  She also states that she was accepted into the Interservice Physician Assistant Program (IPAP), started in-processing on 28 April 2002, and began IPAP on 6 May 2002.  She continues by stating that she should have been reappointed as a SP Corps officer upon entering IPAP, and her DOR adjusted with 6 months of constructive credit for her officer service prior to entering IPAP.  She also states, in effect, that the Utah Army National Guard did not promote her to 1LT at the 24 month time in grade (TIG) point because they erroneously believed that she was not eligible for promotion because she was not yet credentialed as a Physician Assistant (PA).  She also states, in effect, that due to the significant delay in her promotion to 1LT, she was considered ineligible for promotion to CPT at the time of her application.

3.  The applicant provides the following in support of this application:

	a.  a memorandum, dated 14 June 2006, from the G1 of the Utah Army National Guard;

	b.  her DA Form 71 (Oath of Office – Military Personnel) showing that she was initially commissioned on 27 April 2001;

	c.  orders releasing her from the United States Army Reserve (USAR) to the Utah Army National Guard (ARNG) on 29 April 2001;

	d.  a DA Form 5074-1-R (Record of Award of Entry Grade Credit [Health Services Officers]);

	e.  her diploma from Brigham Young University which awarded her a Bachelor of Science degree on 26 April 2001;

	f.  a DD Form 214 (Certificate of Release or Discharge From Active Duty) which shows that she served on active duty from 21 January 2002 to 5 April 2002;
	g.  orders, dated 28 March 2002, as amended by orders, dated 26 February 2003, which reassigned her to IPAP;

	h.  Headquarters, Utah National Guard Orders Number 346-019, dated 
12 December 2002, which branch transferred her from the MS Corps to the SP Corps effective 1 May 2002.  This order was subsequently revoked by Orders Number 
009-012, dated 9 January 2003, same headquarters;

	i.  Special orders, dated 7 January 2003, as amended by special orders, dated 17 January 2003, which branch transferred the applicant from the MS Corps to the SP Corps effective 1 May 2002;

	j.  Headquarters, Utah National Guard Orders Number 009-013, dated 
9 January 2003, which appointed her as a 2LT in the Army National Guard, and in the SP Corps effective 1 May 2002;

	k.  a diploma which shows that she successfully completed IPAP on 
21 May 2004;

	l.  a transcript from the University of Nebraska Medical Center which shows that she was awarded a Bachelor of Health Science degree on 29 June 2004;

	m.  orders promoting her to 1LT with a date of rank and effective date of 
28 October 2004; and

	o.  her Federal Recognition orders for her promotion to 1LT, effective 
28 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant was originally appointed a MS officer on 27 April 2001.  On 
29 April 2001, she was transferred from the USAR to the Utah ARNG. 

2.  On 5 April 2002, the applicant completed the Army Medical Department (AMEDD) Officer Basic Course.

3.  On 28 April 2002, the applicant began in-processing for the IPAP, and on 6 May 2002, she began the IPAP.  However, she was not conditionally appointed as a SP officer upon entering IPAP training.  Federal recognition orders eventually reappointed the applicant as a 2LT in the SP with an effective date of 1 May 2002, but her DOR as a SP 2LT was not adjusted to award her constructive credit for her prior officer service from 27 April 2001 to 30 April 2002.
4.  The applicant was promoted to 1LT with a date of rank and effective date of 
28 October 2004.

5.  During the processing of this case, an advisory opinion was obtained from the Personnel Division, National Guard Bureau.  That office essentially recommended approval of the applicant’s request to adjust her date of rank to 1LT from 28 October 2004 to 1 November 2003 [what the applicant’s 2-year time in grade as a 2LT would have been if she had properly been given 6 months of constructive credit for her 
1 year of prior commissioned service before her appointment as a 2LT SP officer], to give her back pay and allowances for this adjustment in her DOR to 1LT, and that her record be forwarded to a special selection board for promotion to CPT under the 2005 promotion criteria.  

6.  A copy of the advisory opinion was forwarded to the applicant, and she was informed that the ABCMR obtained an opinion with a favorable recommendation. She was provided 10 days to send any comments, but chose not to respond.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides, in pertinent part, that a qualified 2LT will not be promoted before the date of completion of 2 years of promotion service.

8.  Army Regulation 135-155 also provides, in pertinent part, that special selection boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion, but whose records contained a material error when reviewed by the mandatory selection board.

DISCUSSION AND CONCLUSIONS:

1.  It is clear that the applicant has suffered an injustice when she was incorrectly reappointed as a 2LT SP officer without receiving constructive credit for her prior commissioned service as an MS officer.  This in turn caused her to not be promoted to 1LT on 1 November 2003, as she would have if her DOR as a 2LT SP officer had been properly adjusted.  This also caused her not to be eligible for promotion to CPT in late 2005 as she would have been in the above errors had not taken place.

2.  In view of the foregoing, the applicant is entitled to correction of her military records by:

a.  correcting her DOR as a 2LT SP officer to 1 November 2001;

b.  correcting her DOR and effective date to 1LT to 1 November 2003, and
to pay her any back pay and allowances due to her as a result of this correction; and
c.  forwarding her record to a special selection board for promotion to CPT under the 2005 criteria.

BOARD VOTE:

__KW___  ___CD __  ___EF __  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.  correcting her DOR as a 2LT SP officer to 1 November 2001;

b.  correcting her DOR and effective date to 1LT to 1 November 2003, and
to pay her any back pay and allowances due to her as a result of this correction; and

c.  forwarding her record to a special selection board for promotion to CPT under the 2005 criteria.




_____Kenneth Wright_________
          CHAIRPERSON




INDEX

CASE ID
AR20060008898
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
131.0500.0000
2.
131.1100.0000
3.

4.

5.

6.