IN THE CASE OF:
BOARD DATE: 08 July 2008
DOCKET NUMBER: AR20080005283
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, that his date of rank (DOR) for promotion to the rank of major be changed from 27 April 2004 to 27 April 2003.
2. The applicant states that all medical school graduates in the military who graduated in 1997 were promoted to the rank of major in 2003; however, he was promoted to the rank of major in 2004 because the Tennessee Army National Guard (TNARNG) did not process his promotion paperwork in a timely manner and/or did not grant the transfer in a timely manner. Thus, he was delayed in being promoted to the rank of captain (CPT) by 1 year and will be 1 year behind his peers for the rest of his career.
3. The applicant provides a copy of his promotion orders to the rank of major (MAJ), a copy of his Doctor of Medicine Diploma, his discharge orders from the TNARNG, and his orders promoting him to the rank of CPT.
CONSIDERATION OF EVIDENCE:
1. The applicant was a 1st year medical student when he accepted a commission as a medical service corps (MSC) second lieutenant in the TNARNG on 1 October 1994. He was promoted to the rank of first lieutenant on
17 December 1996.
2. The applicant graduated from medical school on 3 May 1997; however, the copy of the official transcript contained in the applicants official records shows that the official transcript was not received until 17 February 1998.
3. On 4 March 1998, the applicant was honorably discharged from the TNARNG in the rank of 1LT, in order to be re-appointed as a CPT, Medical Corps.
4. On 5 March 1998, he accepted an appointment as a medical corps CPT in the TNARNG and on the same day he submitted his application for Federal Recognition. His records contain a DA Form 5074-R (Record of Entry Grade Credit (Medical and Dental Officers) dated 28 April 1998 showing that the applicant was given a DOR of 5 March 1998.
5. On 1 June 1998, the applicant was honorably discharged from the TNARNG and was transferred to the United States Army Reserve Control Group (Annual Training).
6. The applicant was promoted to the rank of major in the USAR on 27 April 2004.
7. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opines that the applicants DOR should be adjusted as he requests to 3 May 2003. The advisory opinion cites Department of Defense Instructions regarding constructive credit for health care professionals and National Guard Regulations regarding promotion eligibility. However, the opinion does not correlate the applicants circumstances to the issue at hand or the applicants records. The applicant concurred with the opinion.
8. Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers other than General Officers, provides policy for selecting and promoting commissioned officers of both the Army National Guard and the USAR. It also covers eligibility and qualification requirements and states in Table 2-1 that the minimum time in grade for promotion from the rank of CPT to the rank of major is 4 years in the lower grade and the maximum time in grade is 7 years in the lower grade.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the favorable advisory opinion from the NGB which opines that the applicants DOR should be adjusted to reflect his DOR for promotion to the rank of major as 3 May 2003, the actual issue in this case was his appointment to the rank of MC CPT in the Army National Guard.
2. While the sincerity of the applicants claim that his appointment as a MC CPT was unduly delayed, he has failed to show through the evidence submitted with his application and the evidence of record that the delay was caused through no fault of his own and rested solely with officials of the Army National Guard (ARNG).
3. The official transcript contained in the applicants records shows that it was not received until 17 February 1998 and that the applicant was not discharged as a MS 1LT until 4 March 1998 to accept his appointment as a MC CPT. While there is no explanation for the delay in receipt of his transcripts, the fact remains that the responsibility for providing those documents rested solely with the applicant.
4. The evidence of record also shows that shortly after he accepted his ARNG appointment as a MC CPT, he transferred to the USAR. He was promoted to the rank of major within the prescribed time-frames prescribed by the applicable regulations (4 7 years).
5. Therefore, in the absence of sufficient evidence to establish that the applicants delayed appointment as a MC CPT was through no fault of the applicant and rests solely with the Department, there appears to be no basis to adjust his appointment date to MC CPT or his DOR as a MC Major.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080005283
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