RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060016452 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

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, correction of her date of rank (DOR) for promotion to major (MAJ)/pay grade O-4 and adjustment of her retirement year (RY) beginning and ending dates.

2.  The applicant states, in effect, that she did everything in her power to meet the criteria for promotion to MAJ and she was selected by the promotion board in January 2005, but was not promoted to MAJ until May 2006.  The applicant also states, in effect, she was assigned to Walter Reed Army Institute of Research (WRAIR) in a captain’s position as a Drilling Individual Mobilization Augmentee (DIMA); however, since her husband is a U.S. State Department Foreign Service Officer and she was living overseas, it was impossible for her to drill with the unit. The applicant further states, in effect, that she did not realize that promotion to MAJ would be delayed subject to her assignment to a major’s position until she was contacted by an official from the U.S. Army Human Resources Command (USA HRC) in the fall of 2005.

3.  The applicant states, in effect, while living overseas she began looking for a unit with a vacant major’s position and, after several telephone interviews, realized the task was virtually impossible to accomplish, particularly since she did not possess a Specialty Skill Identifier (SSI).  The applicant also states, in effect, that she completed Medical Logistics training in October 2005 and applied for the SSI; however, the SSI was not awarded until June 2006.  

4.  The applicant states, in effect, that she returned to the United States in June 2006, but continued to encounter problems in being assigned to a unit with a vacant major’s position.  On 21 September 2006, the USA HRC promoted the applicant to the rank of MAJ, effective 31 May 2006, based on the maximum time in grade as a captain (CPT).  However, the applicant states, in effect, that based on the administrative bureaucracy she encountered, her DOR should be changed to the fall of 2005 when she did everything in her power to get her SSI awarded and assigned to a unit with a vacant major’s position.

5.  The applicant adds, in effect, that she served on active duty as a Regular Army (RA) commissioned officer beginning 12 May 1995 and after she married decided she could no longer continue her career on active duty.  The applicant states that she resigned her RA commission on 1 February 2000, was appointed as a commissioned officer in the U.S. Army Reserve (USAR) on 2 February 2000, and assigned to a Troop Program Unit (TPU).  The applicant also states, in effect, that she was informed her RY would run from 2 February to 1 February.  She states that she planned her retirement points accordingly and met the
50-point annual requirement for each year.  However, on 17 March 2006, after sending in correspondence course work for credit in the spring of 2006, she learned that her retirement year ending (RYE) date had been retroactively changed to run from 12 May to 11 May.  She adds, in effect, this change caused her to lose credit for 2 qualifying years.  The applicant also states, in effect, that she contacted the USA HRC about this retroactive change, but has not received any information in return.  The applicant states, in effect, she would appreciate an explanation regarding the change so that she may properly plan to ensure she earns qualifying years in the coming years.

6.  The applicant provides a self-authored letter, dated 13 November 2006; Headquarters, Second Region (ROTC) U.S. Army Cadet Command, Fort Knox, Kentucky, Orders 104-1-A-267, dated 14 April 1995; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 1 February 2000; Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 1 February 2000, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12202 and 12203; Applicant’s Curriculum Vitae; Headquarters, USA HRC, AHRC-MSL-N, St. Louis, Missouri, memorandum, dated 19 April 2005, subject:  Notification of Promotion Status; Headquarters, USA HRC, AHRC-MSL-N, St. Louis, Missouri, Orders
B-09-607105, dated 21 September 2006; Memorandum to Headquarters, USA HRC, St. Louis, Missouri, dated 24 October 2005; Letter from Applicant to USA HRC, dated 18 April 2006; Headquarters, USA HRC, AHRC-RSA, St. Louis, Missouri, memorandum, dated 21 June 2006, subject: Award of Classification Identifiers for Army Medical Department (AMEDD) Officers; Memorandum for Record, dated 12 April 2006, subject:  Clarification and Correction Needed for Retirement Year Credits; and 7 ARPC Form 249-E (Chronological Statement of Retirement Points), dated 7 February 2003, 8 May 2003, 9 April 2004, 4 March 2005, 2 March 2006, 17 March 2006, and 12 May 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show she graduated from Vanderbilt University, was the Reserve Officers Training Corps program Distinguished Military Graduate, and was appointed as a commissioned officer in the USAR in the grade of second lieutenant (2LT) in the Medical Service (MS) Corps, effective 12 May 1995.  The applicant executed an Oath of Office for appointment as a commissioned officer in the RA in the grade of 2LT in the MS Corps and entered active duty on 11 June 1995.  The applicant was promoted to the grade of first lieutenant (1LT) on 12 May 1997 and promoted to CPT on 1 June 1999.  The applicant was honorably discharged from the RA on 1 February 2000 after completing 4 years, 8 months, and 20 days active service.
2.  On 3 February 2000, the applicant accepted appointment as a commissioned officer in the USAR in the grade of CPT, effective 2 February 2000.

3.  The applicant's military service records contain a copy of Headquarters, USA HRC, AHRC-HSAN20-01-0871, Orders C-06-415592, dated 3 June 2004, which show she was reassigned from the USAR Control Group (Reinforced), St. Louis, Missouri, to the WRAIR, Walter Reed Army Medical Center, Washington, DC, effective 2 June 2004.  The orders also show, in pertinent part, that the applicant was assigned to position number 003C 01A 0001 as the Health Service Materiel Officer (Skill 70K67) in the grade of CPT.

4.  The applicant's military service records contain a copy of a DA Form 1059, dated 19 August 2005.  This document shows that the applicant completed the Health Services Materiel Officers RC Course on 19 August 2005.

5.  The applicant’s Total Army Personnel Data Base (TAPDB) electronic record, viewable via the USA HRC Integrated Web Services (IWS) portal contains the applicant’s Retirement Points Summary and Retirement Points Details.  This record shows, in pertinent part, that the applicant’s RY beginning date is 12 May, her RYE date is 11 May, and that she has 10 years of creditable service for retirement.  This record also shows that the applicant’s RYE 11 May 2004 was changed on 1 March 2006 and that the applicant was credited with earning
37 retirement points for that RY.  This record further shows that the applicant was awarded 19 points for completion of an extension course/subcourse on 25 March 2003 and 5 points for completion of an extension course/subcourse on 1 April 2003, both of which were reported to the USA HRC by the applicant.

6.  In support of her application, the applicant provides a copy of Headquarters, Second Region (ROTC) U.S. Army Cadet Command, Orders 104-1-A-267, dated 14 April 1995 and DD Form 214, with an effective date of 1 February 2000, that show, in pertinent part, she entered active duty on 12 May 1995, her primary specialty was 70B (Health Services Administration), and she was honorably discharged in the grade of CPT, effective 1 February 2000.  The Headquarters, USA HRC, memorandum, dated 1 February 2000, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12202 and 12203, shows that she was appointed as a commissioned officer in the USAR in the grade of CPT in primary specialty 67A.  The applicant’s Curriculum Vitae, in pertinent part, provides a summary of her military assignments, training, and awards.  The Headquarters, USA HRC, AHRC-MSL-N, St. Louis, Missouri, memorandum, dated 19 April 2005, subject: Notification of Promotion Status, shows she was notified of her selection for promotion to the grade of MAJ with a promotion eligibility date (PED) of 31 May 2006.  This document also shows, in pertinent part, that it provides instructions to the applicant that, “[i]f you are a mobilized Individual Ready Reserve (IRR) or Drilling Individual Mobilization Augmentee (DIMA) serving in a higher grade duty position, [she] should forward this office a USARC Form 56R authorizing promotion.”  Headquarters, USA HRC, Orders B-09-607105, dated 21 September 2005, show that the applicant was promoted to the grade of MAJ, effective and with a DOR of 31 May 2006.  This document also contains a handwritten note which states, “Took from August to end of Sept.  They did not want to give promo orders till I was in a Major slot.  No one wanted to take me in a Major slot without Major orders or SI of 70K.”  The Memorandum to Headquarters, USA HRC, dated 24 October 2005, shows the applicant requested award of Area of Concentration (AOC) 70K based on completion of the correspondence course in May 2005 and Phase II of the course in August 2005.  This document also shows, in pertinent part, that the applicant indicated, “[a]t this time I am also trying to move into a Major position but do not yet know where my husband will be assigned next.”  Headquarters, USA HRC, memorandum, dated 21 June 2006, subject: Award of Classification Identifiers for AMEDD Officers, shows the applicant was awarded a primary Medical Functional Area (MFA) of 70K and secondary MFA of 70B on 21 Jun 2006.  The letter from the applicant to USA HRC and Memorandum for Record, dated 12 April 2006, subject:  Clarification and Correction Needed for Retirement Year Credits, show that the applicant identified the issue of the retroactive change in her RY to USA HRC and, in pertinent part, the adverse impact it had causing her to lose 1 qualifying year for retirement purposes.  The 4 ARPC Forms 249-E dated 7 February 2003, 8 May 2003, 9 April 2004, and 4 March 2005, show, in pertinent part, that the applicant’s RY was originally recorded as beginning 12 May (1995) through 11 May, was adjusted to 2 February (2000) through 1 February upon entering the USAR, and that she had 9 years,
8 months, and 21 days qualifying service for retirement through 1 February 2005 (as of 4 March 2005).  The 3 ARPC Forms 249-E, dated 2 March 2006, 17 March 2006, and 12 May 2006, show that the applicant’s RY beginning and ending dates were changed to 12 May through 11 May and that  she had 9 years and
1 day of qualifying service for retirement through 11 May 2005 (as of 2 March 2006).

7.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components (RC), USA HRC, St. Louis, Missouri.  The advisory official only addressed the issue of the applicant’s DOR.  The advisory official confirmed that the applicant was considered and selected by the 2005 Major AMEDD of the Army RC Selection Board as an IMA Officer and that the results of the board were approved for release on 19 April 2005.  The applicant was issued a promotion select letter with a PED of 31 May 2006 and that this date was the maximum time in grade (i.e., 7 years) from the applicant’s DOR for CPT, which was 1 June 1999.  The advisory official adds that the applicant was given the earliest date she could receive based on meeting her maximum time in grade.  The advisory official states, in effect, that the applicant was never placed in a higher grade position prior to the date of the letter and adds that the USA HRC, Office of Promotions RC has no control over Additional Skill Identifiers (ASI) or position requirements.  The USA HRC advisory official concludes by recommending disapproval of the applicant’s request for adjustment of her DOR.

8.  On 19 April 2007, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond.  On 24 April 2007, the applicant responded indicating she concurs that the Office of Promotions, RC, USA HRC, “did all that they were responsible for” and “everything in their power to support [her] as the Soldier.”  However, she adds, in effect the issue regarding award of her ASI should be addressed by her career manager on the AMEDD Team at USA HRC (St. Louis, Missouri), who worked with her on both the ASI issue and her assignment to a major’s position.  She also states, in effect, that award of the ASI was back-dated to when she completed the training, but her DOR for MAJ remains 31 May 2006, even though she did everything possible to find a major’s position from April 2005 through May 2006.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States and of commissioned and warrant officers of the USAR.  This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures on processing selection board recommendations.

10.  Table 2-1 (Time in grade requirements commissioned officers, other than commissioned warrant officers) of Army Regulation 135-155, in pertinent part, provides that for promotion from the grade of CPT to the grade of MAJ the minimum years in lower grade is 4 years and the maximum years in lower grade is 7 years.

11.  Army Regulation 135-155, Chapter 4 (Processing Selection Board Recommendations), Section III (Dates of Promotion), paragraph 4-15 (General) provides, in pertinent part, that the officer must already be assigned/attached to a position in the higher grade or, if an IRR/IMA officer selected by a mandatory promotion board, have completed the maximum years of service in grade in the current grade.

12.  Paragraph 4-17 (Promotion eligibility date and date of rank) of Army Regulation 135-155, in pertinent part, provides that the DOR is the date the officer actually or constructively was appointed or promoted to a specific grade.  It is the date used to determine the relative seniority for officers holding the same grade.

13.  Paragraph 4-18 (Date of rank and effective date of promotion after an involuntary delay) of Army Regulation 135-155, in pertinent part, provides that the Secretary of the Army is authorized to determine whether an officer was unqualified for promotion during any part of an involuntary delay of promotion. Accordingly, except as provided herein, only the Secretary of the Army may determine whether an adjustment must be made to an officer's date of rank and effective date of promotion.

14.  Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized.  It also discusses the procedures for recording retirement point credits and training for USAR Soldiers.

15.  Paragraph 1-4 (Establishment of retirement year) of Army Regulation
140-185, provides the criteria for establishing or changing the retirement year (RY).  This document states, in pertinent part, the retirement year, once established, will not change as long as the Soldier has continuous service in an active status in a Reserve and/or regular component.  It will change when there is a break in active status.  For example, if a Soldier initially entered active status in Reserve Component 15 May 1968, entered the Regular Army 15 July 1970 without a break, transferred to an active status in Reserve Component 15 July 1973, then the Soldier's RY would be 15 May-14 May.  Paragraph 1-4d further provides that when is determined that the retirement year ending (RYE) date shown on the DA Form 1383 (Annual or Terminal Statement of Retirement Points) or any other authorized retirement point credit form is incorrect, a letter requesting correction will be submitted with supporting documentation to the appropriate commander.

16.  Paragraph 2-1 (Criteria for crediting retirement points) of Army Regulation 140-185 states that the limitations on the number of points which may be credited to a Soldier during a retirement year are a maximum of 365 (366 during leap year) points, and a maximum of 60 points for inactive duty training (IDT) and membership points; however, the Annual or Terminal Statement of Retirement Points will report all points earned.  This document also shows that 1 point will be awarded for each 3 credit hours of correspondence courses satisfactorily completed.
17.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Component Soldiers.  Chapter 2 provides eligibility criteria and, in pertinent part, states that in order to qualify for non-regular retirement, a member must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 6 years of his or her qualifying service as a Reserve Component Soldier.  Paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the effective date and DOR pertaining to her promotion to MAJ should be corrected to the fall of 2005 because she did everything in her power to meet the criteria for promotion to MAJ, but was not promoted to MAJ until 31 May 2006.  The applicant also contends, in effect, that her retirement points should be corrected to show that she had “good” qualifying years since her entry into the USAR.  Notwithstanding the applicant’s contention that she “actively did everything in [her] power to get [her] ASI and a Major’s slot” and that she “was held back only by the paperwork of a large bureaucracy,” she provides insufficient evidence in support of her claim that the effective date of her promotion should be changed.

2.  The evidence of record shows that the applicant was promoted to CPT with a DOR of 1 June 1999.  The evidence of record also shows that the applicant was assigned to the WRAIR in a captain’s position (Skill 70K67), effective 2 June 2004.  The evidence of record further shows that her PED to MAJ (i.e., the maximum years in lower grade) was 31 May 2006.

3.  The evidence of record shows that on 19 April 2005, the applicant was notified of her selection to promotion to MAJ, effective 31 May 2006, or upon verification of serving in a higher grade duty position.

4.  The evidence of record shows that the applicant completed the Health Services Materiel Officers Course on 19 August 2005.  The evidence of record also shows that she was awarded a primary MFA of 70K (Health Services Materiel) and a secondary MFA of 70B (Health Services Administration) on
21 June 2006.  While the Board can not ascertain why it took the Director, AMEDD Region, USA HRC, St. Louis, Missouri, approximately 10 months to award the applicant a primary MFA of 70K and secondary MFA of 70B, this, in and of itself, is not a sufficient basis for promotion of the applicant to MAJ prior to 31 May 2006.  While the document awarding the applicant a primary MFA of 70K may have been beneficial to the applicant’s search for a higher grade position, the fact that she had in her possession a DA Form 1059 showing that she had completed the Health Service Materiel Officers Course (70K) in August 2005 and, in fact, exceeded the course standards with an overall grade point average of 97.8 percent and was the Honor Graduate, could have also served to verify her MFA qualifications for a 70K position while awaiting actual award of MFA 70K by the USA HRC.  Moreover, the applicant provides insufficient evidence showing that a unit commander offered her the opportunity to fill an authorized vacant major’s position for her projected primary MFA prior to 31 May 2006.

5.  There is no evidence of record showing that the applicant was assigned to a higher grade (i.e., major’s position) prior to 31 May 2006.  However, the evidence of record does show that the applicant reached her PED to MAJ (i.e., the maximum years in lower grade) on 31 May 2006 and was promoted to the grade of MAJ, effective 31 May 2006.   Therefore, in view of all of the foregoing, the applicant is not entitled to correction of the effective date and DOR pertaining to her promotion to MAJ.

6.  The evidence of record shows that the applicant initially entered active duty in the RA on 12 May 1995, was discharged from active duty on 1 February 2000, entered the USAR in an active status on 2 February 2000 without a break in service, and has served continuously in the USAR since that date.  The evidence of record also shows that the RY, once established, will not change as long as the Soldier has continuous service in an active status in a Reserve and/or regular component.  Thus, the applicant’s correct RY beginning date is 12 May and correct RYE date is 11 May.

7.  The evidence of record shows that upon the applicant’s entry into the USAR, the USA HRC changed the applicant’s RY to a RY beginning date of 2 February and a RYE date of 1 February.  The evidence of record also shows that the applicant had attained sufficient retirement points (i.e., 50) for RYE 1 February 2003.  The evidence of record further shows that the applicant completed and personally submitted information pertaining to her completion of correspondence courses on 25 March 2003 (19 points) and 1 April 2003 (5 points).  Accordingly, these correspondence course credit hours (i.e., 24 points) were credited to the applicant’s (incorrectly established) RYE 1 February 2004 at the time.  However, as a result of the correction made to the applicant’s RY to a beginning date of
12 May and ending date of 11 May by the USA HRC on 17 March 2006, the
24 correspondence course credit hours were subsequently applied to her RYE
11 May 2003, which caused her to have a non-qualifying RY for RYE 11 May 2004.
8.  The evidence of record clearly shows that the applicant’s RY was incorrectly established by the USA HRC when she entered the USAR.  The evidence of record also shows that the applicant had attained a qualifying RY for RYE
1 February 2003 and that she personally submitted the correspondence course completion information to the USA HRC for posting subsequent to RYE
1 February 2003.  Therefore, it is reasonable to assume that the applicant was carefully managing the completion and submission of her correspondence courses to ensure she earned and was credited with sufficient retirement points via extension course points to earn a qualifying RY prior to each RYE date.  It is also reasonable to assume that, had the applicant known that her RY was incorrect (at that time) and the USA HRC would be correcting her RY beginning and ending dates (at some point in the year 2006), she could have easily delayed the completion and submission of the correspondence courses in question a mere 47 days to ensure they posted to RYE 11 May 2004.  Therefore, in view of the foregoing and as a matter of equity, the applicant is entitled to correction of her records to show completion of sufficient correspondence course credit hours to earn those extension course points (i.e., 19) necessary for her to achieve the total retirement points required to be credited with a qualifying year for retirement for RYE 11 May 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___KAN _  ___SAP_  ___EEM _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected, as follows:

	a.  correct the applicant’s Retirement Points Detail record to show, Start Date:  “12 May 2003” (vice 25 March 2003), End Date:  “12 May 2003” (vice
25 March 2003), with no change to “Type of Retirement Points:  A – Completion of Extension Course/Subcourse – Reported By Soldier, Status: Inactive, and Points: 19”;
	b.  debit 19 Extension Course Points from RYE 11 May 2003, resulting in 18 Extension Course Points and a total of 59 Current Year Retirement Points for the applicant’s RYE 11 May 2003; and

	c.  credit 19 Extension Course Points to RYE 11 May 2004, resulting in a 19 Extension Course Points and a total of 56 Current Year Retirement Points for the applicant’s RYE 11 May 2004.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the effective date and date of rank for promotion to major.




___Kathleen A. Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20060016452
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/10
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
131.0400.0000
2.
135.0200.0000
3.

4.

5.

6.