RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060014644 


	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.  


x

	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 date of rank (DOR) to major (MAJ) be adjusted from 28 July 2003 to 27 April 2001.

2.  The applicant states that he reentered the Army National Guard on 27 April 2001 in the rank of captain (CPT).  His DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) shows his DOR as 30 June 1996. His state Army Medical Department (AMEDD) recruiter told him he should have entered [the ARNG] in 2001 as a MAJ.  He states he was not promoted to MAJ until 27 (sic) July 2003.  He is now below the zone for promotion to lieutenant colonel (LTC).  He wants his DOR to MAJ to be changed back to 2001 so he can be considered for the upcoming LTC’s [promotion] board in May.  He states the full-time unit administrator and the recruiter at the time failed to recognize his time in grade awarded due to his prior service, dental school, and time in private practice.  

3.  The applicant provides a copy of his National Guard Bureau (NGB) Special Orders Number 102 AR, dated 30 May 1989; his NGB Special Orders Number 158 AR, dated 15 August 1990; his NGB Special Orders Number 48 AR, dated 19 May 1993; his DA Form 5074-1-R, dated 4 June 2001; his NGB Special Orders Number 161 AR, dated 18 June 2001; and his NGB Special Orders Number 189 AR, dated 28 July 2003.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the U.S. Army Reserve (USAR) under the Simultaneous Membership Program, the applicant was appointed as a Reserve second lieutenant (2LT) in the Signal Corps on 8 July 1987.  

2.  The applicant was appointed as a 2LT in the Alabama Army National Guard (ALARNG) on 9 July 1987.  

3.  The applicant was separated from the ALARNG on 17 March 1989 and was transferred to the Florida Army National Guard (FLARNG) on the following date.

4.  He was promoted to first lieutenant (1LT) with an effective date of 7 July 1990. Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 158 AR, dated 15 August 1990, granted him Federal Recognition effective 7 July 1990.

5.  The applicant was separated from the FLARNG on 11 October 1990 and he was reappointed in the ALARNG on 12 October 1990 in the rank of 1LT.
6.  He was promoted to CPT with an effective date of 26 April 1993.  Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 48 AR, dated 19 May 1993, granted him Federal Recognition effective 26 April 1993.

7.  Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 86 AR, dated 4 October 1994, withdrew the applicant’s Federal Recognition effective 1 August 1994.  He was then transferred to the USAR.

8.  The applicant was awarded a Doctor of Dental Surgery (D.D.S) Degree 
on 6 June 1997.  His DA Form 5074-1-R shows he attended the University of Tennessee for his degree from 1993 – 1997.

9.  He was appointed as a CPT, Dental Corps in the ALARNG on 27 April 2001.  

10.  The applicant's DA Form 5074-1-R, dated 4 June 2001, shows his specialty as 63A (General Dentist).  This document shows he was awarded 4 years of constructive credit for his D.D.S. Degree; 1 year, 10 months, and 26 days of constructive credit for his professional experience (7 July 1997 to 26 April 2001); and 2 years, 11 months, and 1 day of prior active commissioned service 
(8 August 1987 to 24 July 1988; 16 December 1988 to 11 January 1990; and 10 December 1990 to 1 August 1994).  He was awarded 8 years, 9 months, 27 days total entry grade credit.

11.  His DA Form 5074-1-R shows he qualified as a CPT/O-3 based on his constructive credit.  The credit required for CPT/O-3 was indicated as 4 years and the credit in excess of that required grade was indicated as 4 years, 9 months, and 27 days.  His DOR for CPT/O-3 was determined to be 30 June 1996. 

12.  The applicant’s promotion memorandum, dated 24 March 2003, shows he had been selected for promotion to MAJ with a promotion eligibility date of 29 June 2003.  The promotion memorandum indicated the effective date of his promotion would be either of the following dates: 

a.  Date shown after A above (29 June 2003);
b.  Date Federal Recognition is extended in the higher grade; or
c.  Date following the date Federal Recognition is terminated in current Reserve grade.

13.  In a 26 June 2003 memorandum, the applicant elected to delay his promotion to MAJ as a Reserve of the Army and Army National Guard officer until 28 June 2006 under the provisions of the Reserve Officer Personnel Management Act (ROPMA).  He acknowledged that he understood that by delaying this promotion his name would be retained on the promotion list for 
a period not to exceed three years from the date he would otherwise be promoted.  He further acknowledged that he understood that he could be promoted at any time during the approved period of delay, or he could be removed from the list for some other reason in law or regulation.

14.  In a 28 June 2003, the applicant’s request for delay for promotion to MAJ was approved.  

15.  He was promoted to MAJ with an effective date of 28 July 2003.  Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 189 AR, dated 28 July 2003, granted him Federal Recognition effective 28 July 2003.

16.  The applicant is currently serving in the Army National Guard in the rank of MAJ.

17.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau, Personnel Division.  The National Guard Bureau recommended disapproval of the applicant’s request that his DOR be adjusted from 28 July 2003 to 27 April 2001 due to the NGB’s, Chief Surgeon’s comments in paragraph 8 of the opinion and Army Regulation 15-185 (Army Board for Correction of Military Records).  The advisory opinion reiterated the applicant’s statements on his application and gave a synopsis of his service in the Army National Guard.  Army Regulation 15-185, chapter 2 states that applicants must file an application within three years after the alleged error or injustice is discovered or reasonably should have discovered.  

18.  Paragraph 8 of the advisory opinion stated the applicant received the appropriate amount of constructive credit based on his education, professional experience, prior commissioned service, and was appointed as a CPT with a DOR of 30 June 1996.  The applicant was awarded 8 years, 9 months, and 27 days which qualified him for appointment as a CPT with 4 years, 9 months, and 27 days.  The excess credit was subtracted from his date of oath which determined his DOR.  The opinion also stated that he received the appropriate constructive credit for his prior commissioned service time at the rate of one-half credits for each day served.  The opinion points out that although the applicant alleged that the AMEDD recruiter advised him that he should have been 
re-appointed as a MAJ, the constructive credit that he was awarded was accurate.  He would have required 14 years of constructive credit to be appointed as a MAJ.  The opinion stated that the constructive credit that he was awarded cannot include overlapping periods of time.

19.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments or rebuttal.  The applicant stated he submitted his request as soon as he discovered the injustice.  He was awarded 8 years, 9 months, and 27 days at re-appointment.  He also stated the opinion indicated he needed 14 years of constructive credit to be appointed as a MAJ and that he received one-half constructive credit; therefore, one-half of 14 years would be 7 years.  He was awarded more than 8 years which should have qualified him to enter [the ARNG] as a MAJ on 27 April 2001.  He disputed ever signing a request for a delay of promotion.  

20.  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.  Paragraph 3-2 states that an individual appointed as a Reserve officer without concurrent call to active duty who was awarded 7 years or more, but less than 14 years entry grade credit will be appointed as a CPT.  

21.  Paragraph 3-2 of Army Regulation 135-101 states that an individual appointed as a Reserve officer without concurrent call to active duty who was awarded 14 years or more, but less than 21 years entry grade credit will be appointed as a MAJ.

22.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that a prospective health professions officer's entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.

23.  DODI 6000.13, paragraph 6.1.1.2. states credit for prior service as a commissioned officer on active duty or in an active status, but not in the corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

24.  DODI 6000.13, paragraph 6.1.2.2.1 states four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.).

25.  DODI 6000.13, paragraph 6.1.2.2.5 states that credit of one-half year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Dental Corps CPT in the ALARNG on 27 April 2001.  At that time, he was granted 8 years, 9 months, and 27 days total entry grade credit.

2.  In his rebuttal to the advisory opinion, the applicant misunderstood why he was given 8 years, 9 months, and 27 days of constructive credit:

     a.  he was awarded 4 years of credit based on his D.D.S. Degree (qualifying degree);

     b.  he was appropriately granted one-half day of credit for each year of his professional experience (1 year, 10 months, and 26 days); and

     c.  he was appropriately granted one-half day credit for each day of prior service as a commissioned officer (2 years, 11 months, and 1 day) minus the service that overlapped his attendance at school for his D.D.S. Degree.

3.  There is no authority for awarding one-half day credit (i.e., 7 years) for the amount of credit required to be appointed as a major (i.e., 14 years), and the advisory opinion neither stated nor implied that was so.

4.  Based on Army Regulation 135-101, an individual appointed as a Reserve officer without concurrent call to active duty who was awarded 7 years or more, but less than 14 years of entry grade credit, will be appointed as a CPT.  The applicant was properly appointed as a CPT.
5.  The applicant was promoted to MAJ effective 28 July 2003.  The 26 June 2003 letter whereby he requested to delay his promotion to MAJ is on his electronic records.  He provides no evidence to show he did not sign that letter.

6.  There is no error or injustice that exists in this case regarding the applicant’s current DOR to MAJ of 28 July 2001.  Therefore, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______  x____x_____  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.




x______
          CHAIRPERSON




INDEX

CASE ID
AR20060014644
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070710
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
102.0700
2.

3.

4.

5.

6.