IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090008576 


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 entry grade in the Army Nurse Corps (ANC) be changed from first lieutenant (1LT) to captain (CPT).

2.  The applicant states, in effect, that having applied for entry in the ANC in June 2008, he received notification that he was selected to serve as a Reserve commissioned officer in the rank of CPT in August 2008.  He indicates he received a letter addressing him as a 1LT in January 2009, and called 
Major (MAJ) P_____ ,a recruiting official, who informed him that his rank would be corrected.  He also states that in believing that his rank would be corrected, he was assigned to his unit on 8 February 2008 and attended his first battle assembly in the rank of CPT.  He further states that when he did not receive any communication informing him that his rank was corrected, he made numerous phone calls to the Medical Recruiting Battalion, Army Human Resources Command (AHRC), and to his branch, to correct his rank; however, they all proved to be failed attempts.  He affirms his record should be corrected to show he entered the Army in the rank of CPT as he was promised and as reflected on his oath of office and on his service contract agreement.

3.  The applicant provides the following documents in support of his application:  Memorandum, dated 7 August 2008; DA Form 71 (Oath of Office); and Statement for Commissioning Army Medical Department (AMEDD) Officer.




CONSIDERATION OF EVIDENCE:

1.  The applicant provides a memorandum from the Director, Health Service, dated 7 August 2008.  This document indicates the applicant was selected for a USAR appointment in the rank of CPT.  It also shows that his appointment was pending Secretary of Defense approval and it further provided that he was not to be commissioned until official notification in memorandum format was received.

2.  On 8 October 2008, AHRC-St. Louis issued the applicant a memorandum which appointed him a Reserve commissioned officer in the rank of 1LT in the ANC of the United States Army Reserve (USAR).  It also shows that he was credited 3 years of constructive service credit.

3.  The applicant’s Official Military Personnel File (OMPF) includes a DA Form 71 which shows he swore or affirmed his oath of office in the rank of CPT on 8 October 2008.

4.  In connection with his appointment processing, a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) was prepared on the applicant on 14 November 2008.  This document confirms he was granted a total of 3 years of constructive service credit based on his license.  It also shows that 2 years of the constructive service credit was required for his entry grade of 1LT, and the remaining 1 year of constructive service credit was applied for date of rank (DOR) purposes, which resulted in his 1LT DOR being established as 
8 October 2007.

5.  On 7 January 2009, the Chief, Appointments, AHRC-St. Louis, published Orders Number C-01-900196.  These orders announced the applicant’s USAR appointment in the rank of 1LT on 8 October 2008, and assigned him to the 7225th  Medical Support Unit.

6.  The applicant provides a Statement for Commissioning AMEDD Officer, dated 8 October 2008, which indicates he would be commissioned into a Troop Program Unit in the rank of CPT and that he would be assessed into the ANC, USAR in the rank of CPT.

7.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  

8.  Chapter 3 of the same regulation contains guidance on awarding entry grade credit for Reserve appointment grade determination.  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  Table 3-2 provides the determination of entry grade for officers not ordered to active duty and it states 3 or more, but less than 7 years credit is required for entry in the rank of 1LT; and 7 or more, but less than 14 years credit is required for entry in the rank of CPT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he should have been appointed a CPT in the ANC based on the initial approval made by a USAREC official in that rank and his initial sworn oath of office and the supporting documents he provided were carefully considered.  However, these factors are not sufficiently mitigating to support granting the requested relief.  

2.  The governing regulation stipulates that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  The policy in effect at the time of the applicant’s appointment authorized an entry grade of 1LT based on the constructive service credit he was awarded.  An entry grade of CPT required constructive service beyond what the applicant was granted.  Therefore, he was properly granted an entry grade of 1LT with a DOR adjustment based on the constructive service credit he had been credited with in excess of that required for his entry grade.

3.  Although the initial administrative errors made that led him to believe his entry grade would be CPT were unfortunate, he was made aware of these mistakes prior to his appointment and he accepted appointment as a 1LT.  The memorandum authorizing his Reserve commissioned officer appointment identified his appointment grade as 1LT.  There is no evidence of record or independent evidence provided by the applicant indicating he attempted to stop the commissioning process or his entry on active duty once the rank error in his oath of office and accession document were revealed.  As a result, given his constructive service credit did not support his appointment in the rank of captain it would not be appropriate to grant the requested relief.

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)                                         AR20090008576



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ABCMR Record of Proceedings (cont)                                         AR20090008576



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