RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2008
DOCKET NUMBER: AR20070010644
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 L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
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 constructive credit and date of rank adjustment based on her prior active duty service. She also requests consideration by a special promotion board for major.
2. The applicant states that she was not given constructive credit for her prior active duty commissioned service.
3. The applicant provides copies of her Certificate of Release or Discharge from Active Duty (DD Form 214) effective 15 October 2000; Oaths of Office (DA Forms 71) dated in July 1997 and May 2002; Orders appointing her in the United States Army Reserve (USAR), dated 19 February 1998; memorandum, appointing her a captain in the USAR, dated 21 March 2002; copy of her official university transcript, and her Officer Record Brief (DA Form 4037) dated
2 August 2007.
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was a captain, USAR, serving on active duty as an orthopedic surgical resident at Walter Reed Army Medical Center.
2. On 19 April 1999, the applicant entered active duty as an USAR Medical Service Corps officer. She served until her release from active duty and transfer to the USAR Control Group (Reinforcement) on 15 October 2000. She had attained the rank of first lieutenant and had completed 1 year, 5 months, and
27 days of creditable active duty.
3. On 18 May 2002, the applicant executed the Oath of Office as a Reserve Commissioned Officer of the Army in the rank of captain. Her basic branch was Medical Corps. Her specialty was 61M00 (Orthopedic Surgeon). She was given a date of rank 13 June 2002, concurrent with her entry on active duty.
4. In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia. It stated that under Department of Defense Directive 6000.13, paragraph 6.1.1.2, service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the Corps or professional specialty in which being appointed, shall be awarded one-half day credit for each day served in the case of individuals seeking an original appointment as a health professions officer. It determined that the applicant had served 1 year, 5 months, and 27 days as a Medical Services Corps officer. Therefore, it recommended that the applicant be granted 8 months and 29 days of constructive credit.
5. On 5 December 2007, the applicant concurred with this advisory opinion.
6. Department of Defense Directive 6000.13, paragraph 6.1.1.2, is the governing directive in granting constructive credit. It provides that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, 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.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant served a prior qualifying period of active duty as a commissioned officer and was not properly granted constructive credit for it at the time of her last entry on active duty. Therefore, the applicantÂ’s request should be granted.
BOARD VOTE:
__ JEV___ __TMR__ __JCR 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 adjusting her date of rank to captain by 8 months and 29 days to 15 September 2001, and that she be considered for promotion to major. If selected, her records be further corrected by showing she was promoted to the next higher grade on her date of eligibility as determined by appropriate Departmental officials using the applicable promotion criteria, provided she was otherwise qualified and met all other prerequisites for promotion.
____ James E. Vick _______
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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