IN THE CASE OF:	 

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070011427 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, credit for prior commissioned officer service for date of rank (DOR) purposes.  

2.  The applicant states, in effect, that his current date of rank for captain should be reviewed and back dated 3 years.  He enlisted on active duty and was accepted into the “Green to Gold” Program.  He attended the University of Tampa ROTC program and was commissioned on 12 May 1995 as an AMEDD Officer.  Then he went to Officer Basic Training (OBC) and continued his active duty tour in Germany until he transitioned into the Active Reserves on 1 January 2000.  At that time, it was his understanding that Combat Arms Officers were being promoted to captain in about 3 years and Combat Service Support Officers and AMEDD Officers had to spend about 4 years as a lieutenant on active duty before getting promoted to captain.  When he transitioned into the Reserves he had over 4 years of active duty time and he was told by his transition recruiter that his promotion to captain would be “automatic,” when he reached his Reserve unit back in the States.  However, when he arrived at the Medical Group Headquarters, Grand Rapids, Michigan, he was told that he had to serve the full 7 years as a Reserve lieutenant before he would be eligible to go in front of the captain’s promotion board.  He is requesting that the military recognizes his active duty time as a lieutenant and give him constructive credit for his time in service and time in grade, and back date his captain date of rank (DOR) from 
30 April 2002 to 30 April 1999.   

3.  The applicant provides no additional documents in support of his case.


CONSIDERATION OF EVIDENCE:

1.  On 12 May 1995, the applicant was initially appointed a second lieutenant (2LT) in the USAR and on 20 August 1995, he entered active duty in this commissioned officer status with 3 years, 5 months and 15 days of prior active enlisted service.  

2.  On 20 August 1997, the applicant was promoted to first lieutenant (1LT) while still serving on active duty.  On 1 January 2000, he was honorably released from active duty at the completion of his active duty obligation.  The applicant’s 
DD Form 214, shows that he served on active duty from 20 August 1995 through 1 January 2000.  It also confirms that he completed 4 years, 7 months and 
12 days of active military service, 3 years, 5 months and 15 days of prior active service and 2 years, 1 month and 14 days of prior inactive service.  The separation document also shows that on the date of his separation, 1 January 2000, he held the rank and pay grade of 1LT/0-2. 

3.  On 1 January 2001, the applicant was reappointed a 1LT in the USAR.  The applicant’s record indicates that he was promoted to captain on 30 April 2002.  

4.  There is no indication that the applicant was credited with 4 years, 7 months and 12 days of prior commissioned officer service. 

5.  The available evidence indicates the applicant was on active duty and serving in Iraq when his application was submitted.  The available evidence also shows that he returned from Iraq in March 2008 and he is no longer serving in an active duty status.

6.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, U.S. Army Human Resources Command (HRC), Alexandria, Virginia.  This HRC official recommended in effect, that the applicant’s date of rank to captain be corrected to show he was promoted on 
15 October 1999, with a date of rank of 1 November 1999. 

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). Section II provides guidance on promotion dates.  Paragraph 4-21 provides guidance on promotion dates and states, in pertinent part, that an officer is promoted after selection if all qualifications for promotion are met.  When an officer does not meet the qualifications for promotion, the effective date of promotion will not be earlier than the later date all qualifications are met.  

8.  Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers) of Army Regulation 135-155 states that the minimum time in grade as a 1LT for promotion to captain is a minimum of 
2 years and a maximum of 5 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his date of rank to captain should be back dated 3 years was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant completed 4 years, 7 months and 12 days of qualifying commissioned officer service between 20 August 1995 and 1 January 2001.  Therefore, upon his 1 January 2001 appointment in the USAR, he was entitled to be credited with 3 years of prior commissioned officer service beyond that required for appointment in the grade of captain.  

3.  Therefore, in view of the facts of this case, it would be appropriate to correct the applicant’s record to show that upon his 1 January 2001 appointment in the USAR, the applicant’s captain’s date of rank was established as 1 November 1999 based on the constructive service credit granted for his prior commissioned officer service. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ____X____  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 by showing the applicant was promoted to the grade of Captain pay grade O-3, effective and with a date of rank of 1 November 1999.

2.  In addition, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of this correction.

3.  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 show his date of rank to Captain pay grade 0-3, effective 30 April 1999 was denied.  




       _   ____X___   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070011427



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ABCMR Record of Proceedings (cont)                                         AR20070011427



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