IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20080018478
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 that he was commissioned in the rank of colonel, pay grade O-6.
2. The applicant states, in effect, that his initial screening during the application process supported the rank of colonel, pay grade O-6. It was down-graded to lieutenant colonel, pay grade O-5. While deployed to Iraq, he became aware of the importance of his date of rank and that it would be several years before he would be eligible for promotion to colonel.
3. The applicant provides, in support of his application, copies of his initial rank screening, DA Form 5074 (Record of Award of Entry Grade Credit), Medical Corps Review, and a summary letter.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a lieutenant colonel, Medical Corps, United States Army Reserve (USAR).
2. A Medical Corps Review dated 28 November 2006 shows that on 10 August 2006 the applicant's estimated entry rank was lieutenant colonel, pay grade O-5. It further shows that on 20 September 2006 this initial estimate was changed to colonel, pay grade O-6.
3. DA Form 5074, dated 15 March 2007, shows that the applicant was granted 27 years of constructive credit which was adjusted down to a total of 21 years. His entry rank was established as lieutenant colonel, pay grade O-5, with a date of rank and effective date of 11 January 2007.
4. A memorandum written by the Commander, North Atlantic Regional Medical Command and Walter Reed Army Medical Center [Medical Corps Chief], dated 10 December 2008, stated, in effect, that a review of the applicant's experience compared to that of an Army Medical Corps physician showed him to be a superbly talented clinician, academician, administrator, and researcher. He has been a department chief, has actively participated in graduate medical education, has served on national committees, is extensively published, and is recognized nationally in his specialty. An active duty physician equivalent would be a colonel with 10 years of service.
5. On 12 December 2008, a subsequent DA Form 5074 was issued showing that the applicant was granted 27 years of constructive credit, including 4 years of total prior-service credit, and that it was adjusted down to a total of 23 years. His entry rank was established as colonel, pay grade O-6, with a date of rank and effective date of 11 January 2007.
6. In the processing of this case, an advisory opinion was obtained from the Health Services Directorate, United States Army Recruiting Command, Fort Knox, Kentucky. It stated, in effect, that if an applicant warranted special consideration for rank above the lieutenant colonel cap based on extraordinary education, training, and work experience, it must be reviewed by the Medical Corps Chief. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 3-1, provides that "The Secretary of the Army or designee may waive the maximum credit limit when a manning shortfall exists in the specialty within medicine or dentistry or within other Army Medical Department specialties which the individual will be assigned or appointed; or where serious inequities would otherwise result." The opinion recommended that the applicant's rank be changed from lieutenant colonel to colonel.
7. On 16 December 2008, the advisory opinion was provided to the applicant for his information and opportunity to submit additional comments. Accordingly, the applicant stated, in effect, that he wanted his application processed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should have been commissioned as a colonel, pay grade O-6.
2. The available evidence clearly shows that subsequent to the applicant's entry into the USAR, his records were reevaluated. As a result, a determination was made by the Medical Corps Chief that the applicant's qualifications warranted an exception to the normal entry cap of lieutenant colonel.
3. On 12 December 2008, the applicant's DA Form 5074 was reissued granting him the rank of colonel, pay grade O-6, with a date of rank and effective date of 11 January 2007.
4. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ____X__ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. showing that he was commissioned as a colonel, pay grade O-6, with a date of rank and effective date of 11 January 2007; and
b. auditing his pay records and paying him any monies due him as a result of this correction.
____________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) AR20080018478
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ABCMR Record of Proceedings (cont) AR20080018478
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