RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070010768 


	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

Ms. Rene’ R. Parker 

Analyst


The following members, a quorum, were present:


Mr. James Vick

Chairperson

Mr. Thomas Ray

Member

Mr. Jeffrey 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, in effect, award of constructive service credit (CSC) for his prior commissioned service as a Marine Corps Officer. 

2.  The applicant states he served in the Marine Corps for 4 years active and 
1 year Reserve prior to transferring to the Army.  He states that he should have received half credit (2 years) towards promotion from captain to major but, this credit was not recorded on his orders.

3.  The applicant provides his United States Marine Corps (USMC) DD Form 214 (Certificate of Release or Discharge from Active Duty), orders, DA Form 71 (Oath of Office), DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), appointment orders, and Officer Record Brief (ORB).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he served in the USMC as an engineer officer from 16 May 1997 to 15 May 2001 on active duty and from 16 May 2001 to 1 July 2002 in the inactive Reserve.  He was credited with 4 years of active duty and 1 year, 1 month, and 16 days of inactive Reserve service.  

2.  He was appointed in the United States Army Reserve (USAR), Medical Service (MS) Corps, as a captain, effective 2 July 2002.  

3.  The applicant was ordered to active duty as a USAR Control Group Officer Active Duty Obligor (OADO) for a period of 5 years.  Orders A-04-607976, dated 3 April 2006, listed his report date as 11 June 2006. 

4.  The applicant’s DA Form 1506 lists the effective date of his Regular Army service as “6 June 2006 to Present.”

5.  The applicant was not granted CSC for his prior commissioned service from 
16 May 1997 to 1 July 2002 (5 years, 1 month, and 10 days) which he should have been awarded one-half day of credit for each day served as a USMC officer.  This equals 2 years, 6 months and 20 days of CSC he should have received.

6.  A staff member of the Office of Promotion, Reserve Components, Human Resources Command, St. Louis, Missouri, advised the Board that the applicant was eligible for consideration by the 2006 AMEDD Reserve Components Selection Board (RCSB) that convened on 10 January 2006.  That board was approved on 3 March 2007.  Since the applicant entered on active duty after the board approval date, he would have been eligible for promotion to major on that date had he been considered and selected by that board.  The staff member also advised that an adjustment to his date of rank for captain to 12 December 1999 would make the applicant eligible for consideration by a SSB under the 2006 year criteria.

7.  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.  The Program Manager stated that after reviewing the applicant’s case it was recommended that he be granted CSC of 
2 years and 6 months for the 5 years he served as a commissioned officer in the USMC in accordance with the below listed directive.  The advisory opinion was forwarded to the applicant, but he did not respond.

8.  Department of Defense Instruction Number 6000.13, Directive 6.1.1.2, states 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. 

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides that officers will be granted CSC for prior service as a commissioned officer.  The officer shall be awarded one half-day of CSC for each day served in the case of individuals seeking an original appointment as a health professions officer.  When the authorized credit is under the minimum required for appointment in the appropriate grade, the CSC will be used to adjust the date of rank within the appointed grade.

10.  Army Regulation 135-155 (Promotion Of Reserve Commissioned Officers and Warrant Officers Other Than General Officers) to include USAR officers, provides that individuals will receive mandatory promotion consideration prior to their promotion eligibility dates (MTIG) so that, if selected, they may be promoted on their future promotion eligibility dates.  The regulation also specifies that promotion to major and lieutenant colonel requires completion of 7 years time in the lower grade.  This regulation also specifies that the Secretary of the Army or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers.  

11.  This regulation also specifies that officers in the grade of captain may be promoted to major upon completion of 7 years MTIG, selection by a mandatory promotion board, and have met all requirements for promotion.  An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum years of service.  An officer is promoted after selection, if all qualifications are met.  An officer selected by a mandatory promotion board will have a promotion effective date and date of rank no earlier than the date of approval of the mandatory board by which recommended.  

12.  Army Regulation 135-155 also specifies that promotion consideration/
reconsideration by a Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.  

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the advisory opinion, the applicant is entitled to correction of his records to show he was awarded 2 years, 6 months and 20 days of CSC for his prior service as a USMC officer from 16 May 1997 to 1 July 2002.  

2.  The applicant was appointed a USAR MS Corps captain on 2 July 2002.  Based on award of 2 years, 6 months and 20 days of CSC, the applicant is entitled to an adjustment of his date of rank for captain from 2 July 2002 to 
12 December 1999.

3.  Based on this adjustment of his date of rank for captain to 12 December 1999 and completion of 7 years time in grade, the applicant is eligible for promotion consideration under the 2006 year criteria.  The applicant entered on active duty effective 11 June 2006 and the 2006 AMEDD RSCB convened on 10 January 2006 and was approved on 3 March 2006, prior to the applicant entering on active duty.  Therefore, the applicant is also eligible for promotion consideration to major under the 2006 year criteria.  It would now be appropriate to submit his records for appropriate Reserve SSB consideration for this purpose.

BOARD VOTE:

__JV____  ___TR __  __JR____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual concerned was appointed in the United States Army Reserve, Medical Corps, as a captain with 2 years, 6 months and 20 days of constructive service credit, and an adjusted date of rank of 12 December 1999.

2.  Additionally, that following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB for promotion consideration for major under the 2006 year criteria.  If selected, his records be further corrected by showing he was promoted to major on his date of eligibility, as determined by appropriate Departmental officials using the 2006 year criteria cited, with entitlement to all back pay and allowances, provided he was otherwise qualified and met all other prerequisites for promotion at that time.

3.  If not selected, the applicant be so notified.




______ James Vick____________
          CHAIRPERSON




INDEX

CASE ID
AR20070010768
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080122
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
102.08
2.

3.

4.

5.

6.