IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20080016812
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 correction of his military records to show his date of rank for major as 8 July 2004.
2. The applicant states, in effect, that he was commissioned in the United States Army Reserve (USAR) in 1990 and promoted to first lieutenant as an infantry officer in 1993. In 1996, he learned that the USAR was critically short registered nurses. He went to school, was licensed as a registered nurse, and was reappointed as a second lieutenant in the Army Nurse Corps. In 1999, he was promoted to first lieutenant. In 2004 he was promoted to captain with a date of rank of 17 October 2001. In 2005 the applicant transferred to the civil Affairs Branch and was subsequently promoted to major in 2008. The applicant states that he has been an active Reservist since 1990 and should have been promoted to major in 2004 based on 7 years as a lieutenant and 7 years as a captain.
3. The applicant provides, in support of his application, copies of his appointment and promotion orders and memoranda and three DD Forms 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. On 19 May 1990, the applicant was appointed as a second lieutenant, Infantry, in the USAR.
2. On 4 August 1990, the applicant was ordered to active duty for training (ADT). He completed the Infantry Officer Basic Course in November 1990 and was released from ADT and transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri.
3. Effective 23 March 1996, the applicant was released from the 418th Infantry Regiment and assigned to the 322nd General Hospital as a second lieutenant, Army Nurse Corps.
3. The applicant was promoted to first lieutenant, Army Nurse Corps, with a date of rank 18 October 1996. He was subsequently promoted to captain, Army Nurse Corps with a date of rank 17 October 2001.
4. On 9 May 2005, the applicant accepted an appointment as a captain, Civil Affairs, USAR. The applicant's date of rank remained as 17 October 2001.
5. Orders 07-295-00280, Civil Affairs and Psychological Command, Fort Bragg, North Carolina, dated 22 October 2007, ordered the applicant to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom.
6. Orders B-07-804695, United States Army Human Resources Command, St. Louis, Missouri, dated 15 July 2008, promoted the applicant to the rank of major, USAR, with a date of rank and effective date of 8 July 2008.
7. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, United States Army Human Resources Command, St. Louis, Missouri. It stated that the applicant was commissioned a second lieutenant, Infantry on 19 May 1990, and was promoted to first lieutenant on 30 May 1993. He remained an infantry officer until his transfer as a second lieutenant to the Army Nurse Corps on 23 March 1996. The applicant received
1 year, 5 months and 5 days of constructive service credit. His date of rank for second lieutenant was adjusted to 18 October 1994. His date of rank for first lieutenant was adjusted to 18 October 1996. Upon attaining 5 years time-in-grade as a first lieutenant, he was promoted to captain as a nurse with a date of rank of 17 October 2001. On 9 May 2005, the applicant was appointed a captain in the Civil Affairs Branch. His Civil Affairs appointment did not include any constructive service credit and he retained his original date of rank for captain of 17 October 2001. The applicant was subsequently considered and selected for promotion by the 2008 Department of the Army Reserve Components Major Selection Board and promoted with a date of rank of 8 July 2008, the approval date of the board. Based on this information, the advisory opinion recommended denial of the applicant's request to adjust his date of rank for major.
8. On 1 April 2009, the advisory opinion was provided to the applicant for his information and opportunity to rebut. No response was received.
9. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides, in pertinent part, a time in grade requirement of 7 years for mandatory promotion to major, pay grade O-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of rank for major should be changed from 8 July 2008 to 8 July 2004, based on his years of service as a first lieutenant and captain.
2. Based on the applicant's date of rank for captain of 2001, he was not eligible for mandatory promotion until 2008. There is no error or injustice.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. 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
_____X__ ____X __ ___X____ 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.
_______ _ 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) AR20080016812
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ABCMR Record of Proceedings (cont) AR20080016812
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