RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2007
DOCKET NUMBER: AR20060010992
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. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Marla Troup
Chairperson
Mr. John Heck
Member
Mr. Donald Lewy
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, that his military records be corrected to show he was appointed a colonel (O-6) in the U.S. Army Reserve (USAR) on 23 March 2004 with a date of rank of 24 March 2003.
2. The applicant states, in effect, that his rank needs to be corrected to colonel with an effective date of 23 March 2004. He states that there was an error on his original 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)); however, a corrected copy has been issued.
3. The applicant provides a DA Form 71 (Oath of Office Military Personnel), dated 23 March 2004; promotion orders, dated 17 July 2002; a corrected DA Form 5074-R; an Advisory Opinion, dated 25 May 2005; a DD Form 214 (Certificate of Release or Discharge from Active Duty); and his Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. Having prior active and inactive service, the applicant entered active duty on 16 September 1991. He served as an oral surgeon and was promoted to colonel, Dental Corps, Regular Army, on 9 August 2002. On 8 August 2003, the applicant was discharged.
2. Orders, dated 22 April 2004, show the applicant was appointed a lieutenant colonel (O-5), Dental Corps, in the USAR effective 23 March 2004.
3. In support of his claim, the applicant provided a DA Form 5074-R (Corrected Copy), dated 26 May 2005. Item 38 (Grade for Which Credit Qualifies) shows the entry, Highest Grade Held Colonel. He also provided an advisory opinion, dated 25 May 2005, from the Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, Kentucky, which states after review of his application it was determined that his grade upon entry into the Reserve Component should have been the grade of O-6, colonel.
4. Paragraph 6.2.2 to 6.2.2.2 of Department of Defense Instruction Number 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, states that a former Regular or Reserve commissioned officer may, if otherwise qualified, be appointed or reappointed as a Reserve officer. If so appointed, he or she may be placed on the reserve active status list of a reserve component of the Army, Navy, or Air Force in the grade equivalent to the permanent Regular or Reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status. He or she may be credited, for determining date of rank under Section 741(d) of 10 U.S. Code (reference (c)), with service in grade equal to that held by that person when discharged or separated.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was promoted to colonel in the Dental Corps, Regular Army on 9 August 2002 while serving on active duty. He was discharged in the rank of colonel on 8 August 2003. Since the governing regulation states that a former Regular commissioned officer may be appointed as a Reserve officer in the grade equivalent to the permanent Regular grade in which he previously served satisfactorily on active duty, it appears the applicant was erroneously appointed a lieutenant colonel in the Dental Corps, USAR on
23 March 2004.
2. In addition, in accordance with the governing regulation, the applicant should be credited, for determining date of rank, with his active duty service in grade O-6 from 9 August 2002 to 8 August 2003 (one year). Therefore, it would be appropriate to correct the applicants military records to show he was appointed a colonel (O-6) in the USAR on 23 March 2004 with a date of rank of 24 March 2003.
BOARD VOTE:
MT____ __JH____ __DL____ 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 to show he was appointed a colonel (O-6) in the USAR on 23 March 2004 with a date of rank of 24 March 2003.
__Marla Troup_________
CHAIRPERSON
INDEX
CASE ID
AR20060010992
SUFFIX
RECON
DATE BOARDED
20070221
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
102.0100
2.
102.0700
3.
4.
5.
6.
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