IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008059
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 promoted to major, pay grade O-4.
2. The applicant states that after being discharged for such a long time he should be promoted from captain, pay grade O-3, to major, pay grade O-4.
3. The applicant provides no documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 1 May 1982, the applicant was appointed as a second lieutenant, U.S. Army Reserve.
3. The applicant entered extended active duty on 11 July 1990. U.S. Total Army Personnel Command, Order Number 203-005, dated 20 December 1990, determined his rank and grade as captain, pay grade O-3, Medical Corps, with an active date of rank (ADOR) of 15 July 1989.
4. On 12 August 1993, the applicant was discharged due to a civilian conviction. He had completed 3 years, 1 month, and 2 days of creditable active duty service. His character of service was general under honorable conditions.
5. Army Regulation 600-8-29 (Officer Promotions), provides, in pertinent part, that promotion zones for Medical or Dental Corps officers will be established to ensure that those in the zone, if selected, will be promoted on the sixth anniversary of their ADOR.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be promoted to the rank of major, pay grade O-4, based on the length of his separation.
2. The available evidence shows that the applicant entered active duty in the rank of captain as a Medical Corps officer with an ADOR of 15 July 1989. He was subsequently discharged due to a civilian conviction on 12 August 1993. This was prior to attaining eligibility for promotion consideration for major, pay grade O-4.
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) AR20090008059
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008059
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001056734C070420
Orders 001-003, PERSCOM dated 5 January 1993 adjusted the applicant’s date of rank to 6 July 1987. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: While the applicant noted his work with the CIA when he applied for active duty, he did not indicate that he would accept active duty only if his CIA tour was counted as AFS.
ARMY | BCMR | CY2006 | 20060004919C070205
The applicant requests, in effect, award of constructive service credit (CSC) for his prior commissioned service as a pharmacy officer to apply toward his present rank as a medical corps (MC) officer for the purpose of meeting eligibility for the 2006 Army Medical Department (AMEDD) lieutenant colonel promotion board. He also states that he had held the rank for captain for over 9 years, both as a pharmacy officer and as a MC officer prior to receiving a promotion to major. His records...
ARMY | BCMR | CY2014 | 20140008409
Entry Grade Credit consists of prior commissioned service (including active duty for training (ADT) and commissioned service in an active status in the RC, and CSC). The evidence of record shows the applicant was - * promoted to CPT (O-3) with a DOR of 1 September 2004 * appointed as a Chaplain in the NHARNG and ARNGUS on 1 March 2010 with his CPT DOR established as 1 March 2010 * appointed in the RA in the rank of CPT (Chaplain) on 22 August 2011 with his ADOR established as 1 March...
ARMY | BCMR | CY2011 | 20110020084
The applicant requests adjustment of his date of rank (DOR) to major. An advisory opinion was obtained from the U.S. Army Human Resources Command, Chief, Officer Promotions, who states: a. the applicant was not a medical officer on the Active Duty List (ADL) at the time of his fiscal year (FY) 2010 Major, MC and Dental Corps (DC) Promotion Selection Board convened on 9 March 2010; b. at the time the FY 2010 Major MC and DC Promotion Selection board convened, the applicant was still a...
ARMY | BCMR | CY2013 | 20130014503
The applicant requests: a. his date of rank (DOR) to lieutenant colonel (LTC) be adjusted from 13 April 2005 to 15 June 2008 to correspond with the U.S. Army Human Resources Command (HRC) adjusted Cohort Year Group 1993; b. his four Promotion Board pass-over's be zeroed out; c. the corrected record be considered by a Special Selection Board (SSB) related to Promotions, Command Senior Service College (SSC), and Professor of Military Science (PMS); and d. his name be deleted from the August...
ARMY | BCMR | CY2013 | 20130015608
These orders stated, in part, "[Effective] on the date of entry on [active duty], you are appointed in the [Reserve grade] of CPT and placed on the ADL in the [grade] of CPT [in accordance with Army Regulation] 135-101 [Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches]." c. Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which...
ARMY | BCMR | CY2004 | 20040009728C070208
The applicant requests that he be awarded additional constructive credit based on his prior service and additional schooling beyond the basic qualifying degree. For Medical Corps officers, four years of constructive credit will be granted for completion of a doctorate degree and one year credit for each year of additional advanced degrees. DODI 6000.13, paragraph 6.1.1.2. states credit for prior service as a commissioned officer on active duty or in an active status, but not in the corps...
ARMY | BCMR | CY2011 | 20110001111
The applicant requests correction of his military records to show that he had never been considered for promotion to major, pay grade O-4. The applicant contends that his military records should be corrected to show that he had never been considered for promotion to major, pay grade O-4 because he never received notification of the promotion boards. The applicant had been associated with the U.S. Army since 1981, making it very reasonable to presume that by 1993, he knew, or should have...
ARMY | BCMR | CY2015 | 20150008109
On 27 July 2015, the Medical Corps/Veterinarian Corps Program Manager provided an advisory opinion wherein she stated the applicant's entry-grade CSC should be adjusted to 15 years, 1 month, and 24 days to fully account for his previous service on active duty as a Medical Corps officer as well as his additional civilian experience gained before assessing back onto active duty in 2009. The time between 31 August 2007 and the day he commissioned onto active duty again on 1 July 2009 equates...
ARMY | BCMR | CY2004 | 20040006359C070208
The following data were listed for consideration in computing active duty time: A) the applicant was commissioned on 29 May 1982, attended officer basic course from 21 July through 31 August 1982 and was subsequently assigned to Ft. Lee with a report date of 9 September 1982; B) from 1984 through 1987 she was assigned to Ft. Polk as a staff nurse and completed the officer advanced course from 18 May 1984 through 10 September 1985; C) in 1987 through 1989 the applicant was assigned to Ft....