RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008660 


	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. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Carmen Duncan

Member

Ms. Qawiy A. Sabree

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 that his records be corrected to show his date of rank (DOR) to Captain (CPT) as 29 April 1997.  He further requests retroactive adjustment of his DOR to Major (MAJ) with back pay.

2.  The applicant states, in effect, that he entered active duty on 6 March 2005 with a DOR to CPT as 29 April 1997.  However, his records reflect his basic active service date (BASD) as 6 March 2005.  He should have been considered for promotion to MAJ by the March 2005 Medical Corps Promotion Board.  

3.  The applicant further states that as the Medical Corps’ Major's Promotion board is a "fully" qualified board; he should have been selected for promotion with an effective DOR for MAJ of 1 October 2005.  On 25 October 2005, the Army Board for Correction of Military Records determined that his 29 April 1997 DOR was correct.  However, he has not been considered for promotion to MAJ despite over 9 years time in grade (TIG).  

4.  The applicant provides two DA Forms 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)).

CONSIDERATION OF EVIDENCE:

1.  A U.S. Army Human Resources Command-St. Louis (USAHRC-STL), Missouri, memorandum, dated 29 April 2003, shows that the applicant was initially appointed as a Reserve Commissioned Officer of the Army at the rank of CPT on 29 April 2003 in the United States Army Reserve (USAR) Control Group (Reinforcement).  His appointment orders erroneously showed his branch as Army Nurse Corps (ANC).  It should have shown Medical Corps. 

2.  A DA Form 5074-1-R, dated 6 November 2003, shows that the applicant qualified for appointment as a CPT.  He was awarded a total of 10 years of constructive credit for entry grade determination (6 years in excess of that required for his grade).  The applicant's DOR to CPT was determined to be 29 April 1997 (6 years prior to his 29 April 2003 appointment date).

3.  A DA Form 5074-1-R, dated 21 December 2004, shows that the applicant was qualified for an entry grade as a CPT with zero constructive credit for entry grade determination.  

4.  A USAHRC-STL memorandum, dated 17 February 2005, reappointed the applicant as a Reserve Commissioned Officer of the Army at the rank of CPT in the Medical Corps with 00 years, 00 months, and 00 days constructive credit, apparently preparatory to his entering extended active duty.

5.  USAHRC-STL Orders A-02-590182, dated 17 February 2005, show that the applicant was ordered to extended active duty for an active duty commitment of 36 months.  The orders further show that effective on the date of his entry on active duty he was appointed in the grade of CPT and placed on the active duty list (ADL) in the grade of CPT.  His DOR was to be adjusted based on constructive credit of 00 years, 00 months, and 00 days upon entry on active duty.

6.  USAHRC-Alexandria, Virginia Orders Number 126-001, dated 6 May 2005, show that the applicant's DOR was adjusted to 6 March 2005, effective the date he entered on active duty.

7.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selective Reserve Call-up, Partial or Full Mobilization), paragraph 2-6 states officers will be ordered to active duty in their Reserve grade unless additional service credit is authorized by Title 10, U. S. Code, section 689.  Date of rank adjustments may be required under Title 10, U. S. Code, section 741.  

8.  Title 10, U. S. Code, section 689 pertains to the grade of retired members who are ordered to active duty.

9.  Title 10, U. S. Code, section 741(d)(3) states that under regulations prescribed by the Secretary of Defense, the DOR of a Reserve commissioned officer (other than a warrant officer) who is to be placed on the ADL and who has not been on continuous active duty since his original appointment as a Reserve commissioned officer in a grade above chief warrant officer, W-5, may, effective on the date on which he is placed on the ADL, be changed by the Secretary concerned to a later date to reflect such officer’s qualifications and experience.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was initially appointed on 29 April 2003, in the USAR at the rank of CPT.  After constructive credit he was given the date of rank of 29 April 1997.  He never served on active duty until he was ordered to extended active duty in 2005.

2.  USAHRC-STL Orders A-02-590182, dated 17 February 2005, show that effective on the date of entry on active duty the applicant was appointed in the grade of CPT and placed on the ADL in the grade of CPT.  He was not given any constructive credit upon entry on active duty.  His DOR was then adjusted to        6 March 2005, the date he entered on active duty.  

3.  The adjustment of the applicant’s DOR to 6 March 2005 was in accordance with statutory guidance.  Once the applicant was placed on the ADL he would then be competing for promotion with officers who had served continuously on active duty, enhancing their Army qualifications and experience relative to his USAR Control Group (Reinforcement)-only qualifications and experience.  It would not be equitable to give the applicant the same 1997 CPT DOR as officers who had served continuously as CPTs on active duty since 1997.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS __  __CD ___  ___QAS_  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.




___Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20070008660
SUFFIX

RECON

DATE BOARDED
14 NOVEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
102.0700.0000
2.

3.

4.

5.

6.