IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090008263
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 that he be granted an entry grade credit in the rank of lieutenant colonel (LTC) O-5 in the U.S. Army Reserve (USAR).
2. The applicant states that on 31 December 2009, he performed an inter-service transfer (IST) from the U.S. Public Health Service (USPHS) Inactive Reserve Corps to the USAR. At the time of his release he held the rank of commander/O-5 and the Army performed the IST as an in-grade transfer; however, he was awarded the rank of major instead of LTC. He goes on to state that he served in the capacity of an O-5 in the USPHS and he is currently serving in an O-5 position in the USAR. He continues by stating he was awarded a date of rank (DOR) of 14 April 2004 and he is eligible for promotion to the rank of LTC; however, he cannot be considered for promotion because he has not been affiliated for 12 months. He further states he believes that at the time the grade determination was accomplished, his temporary grade of LTC was not taken into consideration and that only his permanent grade of O-4 was considered.
3. The applicant provides a copy of orders and a letter from the Department of Health and Human Services indicating he held the rank of O-5 in the USPHS inactive Reserve; a copy of a letter appointing him to the rank of major, dated
31 December 2008; and a copy of his DA Form 5074-1-R (Record of Award of Entry Grade Credit).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Marine Corps Reserve on 25 March 1984. He enlisted in the Regular Marine Corps on 21 May 1984 and served until he was honorably released from active duty on 27 May 1988. On 5 January 1992, he was commissioned as an O-1 in the U.S. Naval Reserve (USNR) and he served in the USNR as an environmental science officer until 19 July 2004.
2. On 8 October 2008, while serving in the pay grade of O-5 in the USPHS in Tennessee, the applicant submitted a request for a conditional release for the purpose of accepting an appointment in the USAR.
3. On 31 December 2008, he accepted an appointment as a USAR Medical Service Corps (MSC) officer in the rank of major/O-4 and he was assigned to a USAR Troop Program Unit (TPU) in Nashville, Tennessee for duty as an environmental science officer.
4. On 24 January 2009, a DA Form 5074-1-R was completed on the applicant and he was granted constructive entry grade credit in the rank of Major/O-4. His DOR was established as 14 April 2004 and his pay entry basic date (PEBD) was established as 1 April 1992.
5. Army Regulation 135-101 provides the policies, eligibility requirements, and processing procedures for the appointment of Army Medical Department (AMEDD) officers with or without concurrent call to active duty. It provides, in pertinent part, that officers with 14 years or more, but less than 21 years of constructive credit will be granted an entry grade of major. Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the DOR within that grade.
6. Army Regulation 135-155 provides the policy for selecting and promoting commissioned officers of both the USAR and the Army National Guard. It provides, in pertinent part, that to be considered for promotion by a selection board, a commissioned officer (other than a commissioned warrant officer) must have continuously performed service on the Reserve Active Status List (RASL), the active duty list (ADL), or a combination of both during the 1-year period ending on the date the board convenes. The professional requirements for appointment in the field of Environmental Science requires that individuals must possess a masters degree in public health or related area of specialization from a school acceptable to The Surgeon General (TSG). Persons with a baccalaureate degree may be considered.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was granted an in-grade transfer in the pay grade of O-5 from the USPHS to the USAR has been considered; however, the available evidence does not support his contention.
2. At the time the applicant took his oath, he did so in the rank and pay grade of O-4. Additionally, he has failed to show through the available evidence that he ever disputed the rank that he was offered, that he was offered a grade higher than he received or that his entry grade credit was improperly calculated.
3. Therefore, in the absence of evidence to show that his entry grade credit was incorrectly calculated, there appears to be no basis to grant his request for entry at a higher grade than is authorized by the applicable regulations.
4. 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 this requirement.
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) AR20090008263
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ABCMR Record of Proceedings (cont) AR20090008263
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