RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017487


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroedor              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 record be corrected to show
he entered active duty in the rank of first lieutenant (1LT), vice second
lieutenant (2LT).

2.  The applicant states, in effect, he was serving as a 1LT in specialty
70B in the West Virginia Army National Guard (WVARNG) and was unjustly
reduced to 2LT when he was accessed onto active duty on 1 August 2006.  He
claims there is no regulation that required his reduction due to his entry
into the active component given he was assigned in the same branch and
specialty.  He is requesting his record be corrected to show he entered
active duty as a 1LT and that he be provided all back pay and allowances
due as a result.

3.  The applicant provides the following documents in support of his
application:  Memorandum for Record, dated 4 December 2006; 1LT Federal
Recognition Memorandum; 1LT Promotion Orders; WVARNG Separation Document
(NGB Form 22); Active Duty Orders; and 1LT State Promotion Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was appointed a 2LT and entered
the WVARNG on 20 May 2004 in specialty 70B (Health Services
Administration).

2.  On 20 May 2006, the applicant was promoted to and granted Federal
Recognition as a 1LT in the WVARNG.

3.  On 6 August 2006, the applicant was honorably discharged from the
WVARNG in order to enter active duty in the Army.

4.  United States Army Human Resources Command (AHRC), Alexandria,
Virginia, Orders Number A-07-617730, ordered the applicant to active duty
for
3 years, in the rank of 2LT, effective 7 August 2006.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Medical Service Corps, United States Army
Recruiting Command (USAREC).  This official states that after carefully
reviewing the applicant's record, it has been determined that based on
regulatory guidance and Department of Defense (DOD) policy, the applicant
was in fact due an initial accession rank of 1LT, which was the current
grade he held, instead of 2LT and as a result, she recommends the
applicant's record be corrected to show he holds the rank of 1LT with his
original date of rank.
6.  The USAREC official further confirms the applicant was boarded on
19 October 2005 and was placed on an order of merit list as a 70B, and was
activated from that list on 28 March 2006.  At the time of his activation,
he held the rank of 2LT.  He was promoted to 1LT in the WVARNG on 20 May
2006, his rank was Federally Recognized on 25 May 2006, and he was accessed
onto active duty on 1 August 2006.

7.  On 27 February 2007 the applicant was provided a copy of the USAREC
advisory opinion in order to have the opportunity to respond.  To date, he
has failed to reply.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches) prescribes policy,
procedures, and eligibility criteria for appointment in the Reserve
Components of the Army, with or without concurrent active duty, in the six
branches of the Army Medical Department (AMEDD).  Paragraph 1-3 contains
guidance on grade on appointment.  It states, in pertinent part, that
commissioned officers of any Reserve Component (RC) of the Army who have
served satisfactorily in the specialty for which they are applying may be
appointed and/or called to active duty in the grade currently held if
serving in the specialty for which applying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been entered active duty
as a 1LT was carefully considered and found to have merit.  By regulation,
commissioned officers of any RC of the Army who have satisfactorily served
in the specialty for which they are applying may be appointed and/or called
to active duty in the grade currently held if serving in the specialty for
which applying.

2.  In this case, the evidence of record shows the applicant applied for
and was accessed onto active duty in specialty 70B, which is the specialty
in which he had satisfactorily served while a member of the WVARNG.
Therefore, as confirmed by the USAREC advisory opinion, it would be
appropriate and serve the interest of justice to show the applicant was
accessed onto to active duty in the rank of 1LT with his original date of
rank of 20 May 2006.  It would also be appropriate to provide him all back
active duty pay and allowances due as a result of this correction.

BOARD VOTE:

___LDS _  __JRS __  __CAD__  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
showing he was accessed onto active duty on 8 August 2006, in the rank of
1LT with a date of rank of 20 May 2006; and by providing him all back
active duty pay allowances due as a result of this correction.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017487                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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