RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 February 2008
DOCKET NUMBER: AR20070012830
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. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Carmen Duncan
Member
Ms. Rea M. Nuppenau
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 adjustment of his date of rank (DOR) to captain from 4 July 2004 to 11 June 2003.
2. The applicant states that he took his Oath of Office on 11 June 2003 and that should be his DOR.
3. The applicant provides in support of his application, a copy of his Oath of Office; a copy of amendment orders dated 31 August 2006; a copy of amendment orders dated 26 July 2006; a copy of a promotion dated
7 September 2006; a copy of active duty orders dated 16 June 2006; a copy of his Department of the Army Service Agreement dated 1 May 2001; a copy of appointment orders dated 1 May 2001; and a copy of his Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective1 May 2001.
2. Based on constructive credit computations prescribed by the Office of the Surgeon General for a Medical Corps officer, United States Army Human Resources Command (AHRC) Orders Number 250-001 were published on 7 September 2006, promoting the applicant to captain with a date of rank of 4 July 2004.
3. Orders were published on 16 June 2006, ordering the applicant to active duty with a reporting date of 25 September 2006.
4. During the processing of this case, an advisory opinion was obtained from the AHRC, Deputy Chief, Promotions, who opined that the date that an officer signs his/her Oath of Office is irrelevant and that the key is the date that an officer is appointed to a particular rank by the President. In the advisory opinion, the Deputy Chief, Promotions stated that the applicant was appointed to his current date of rank based on construction credited computation prescribed by the Office of the Surgeon General as outlined in title 10, chapter 33, Section 532 and Army Regulation 600-8-22. The Deputy Chief, Promotions stated that the applicant
was given constructive credit of 8 years, 00 months and 00 days, which resulted in a 4 July 2004, DOR, as announced in AHRC Orders Number 250-001. The Deputy Chief, Promotions opined that the applicants current DOR is correct and that no further action is required in this case.
5. A copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. On 11 January 2007, the applicant responded to the advisory opinion indicating that he had nothing to add.
6. Army Regulation 600-8-29, prescribes the policies and procedures for the promotion of officers on the active duty list. This regulation provides that officers in the grade of captain must serve at least 3 years time in grade to be considered for promotion, unless waived by the Secretary of the Army. Promotion zones for Medical Corps officers will be established to ensure that those in the zone, if selected, will be promoted on the sixth anniversary of the adjusted date of rank. The regulation also specifies that promotion consideration/reconsideration by a 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. In view of the circumstances in this case, the applicant is not entitled to a correction to his date of rank for captain to 11 June 2003. He has not shown error, injustice, or inequity for the relief he now requests.
2. The applicant's contention that his date of rank should be adjusted has been noted. However, he was granted 8 years of constructive service credit and his current date of rank is based on the constructive credit computation and applicable laws and regulation.
3, Other than the applicant's belief that his DOR should have been backdated to the date that he signed his oath of office, the applicant has provided no evidence to show that what the Army did in his case was in error. The available evidence indicates that his current DOR is correct.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JTM_ _ __CD _ _ __RMN__ 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.
___John T. Meixell __
CHAIRPERSON
INDEX
CASE ID
AR20070012830
SUFFIX
RECON
DATE BOARDED
20080214
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1. 310
131.0000/PROMOTION
2. 315
131.0500/DATE OF RANK
3.
4.
5.
6.
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