IN THE CASE OF:	

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090011289 


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 her date of rank (DOR) to captain be corrected to her original DOR in April 2004.

2.  The applicant states that when she was assessed on active duty from the Ready Reserve in October 2007 her DOR was changed to October 2004.

3.  The applicant provides her promotion orders to captain and her active duty orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was commissioned as a second lieutenant, U.S. Army Reserve (USAR) on 3 March 1998.  She was promoted to 1st lieutenant on 26 November 1999.

2.  The applicant entered active duty on 20 March 2003, was promoted to captain, Army Nurse Corps (AN), on 28 April 2004, and was honorably released from active duty on 5 December 2005.

3.  She reentered active duty on 21 October 2007 for a 3-year commitment.  At the time of her entry on active duty she was given an ADOR (Active Date of Rank) of 21 October 2004.



4.  In the processing of this case, on 17 December 2009, an advisory opinion was obtained from the U.S. Army Human Resources Command (USAHRC), Alexandria, VA.  The advisory official stated that Army Regulation 600-8-29 (Officer Promotions), paragraph 1-43(c) states that if an officer is ordered to active duty and placed on the Active Duty List (ADL) in the Reserve grade currently held, the ADOR will be the effective date of placement on the ADL backdated to equal the Reserve date of rank not to exceed 3 years.  The advisory official recommends disapproval of the applicant's request.

5.  The applicant was furnished a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  On 1 February 2010, she submitted a rebuttal stating that the governing regulation in her case should be Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), which states that "For appointment in the ANC, MSC, VC, or AMSC, entry grade credit granted (with or without concurrent active duty) will be more than the amount required for entry grade O4 as if the officer were to be concurrently called to active duty in the corps concerned."  As such, the USAHRC advisory opinion cited the incorrect regulation when it made its recommendation.

6.  Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.

7.  Department of Defense Instruction (DoDI) 6000.13, paragraph 6.1, Entry Grade Credit, states that a prospective health professions officer’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.

8.  DoDI 6000.13, paragraph 6.1.2, Constructive Service Credit, states that this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.

9.  Army Regulation 600-8-29, paragraph 1-43(c), Grade and ADOR of other than Regular Army commissioned officers assigned to an Army Medical Department Corps upon placement on the ADL, states that if an officer is tendered a new original appointment in conjunction with being ordered to active duty, the grade will be determined as prescribed in Army Regulation 135–101.  The ADOR will be determined by backdating from the date of placement on the ADL by a period equal to the number of days by which the entry grade credit awarded exceeds the promotion phase point in the competitive category that established the entry grade.  If an officer is ordered to active duty and placed on the ADL in the Reserve grade currently held (without a concurrent new original appointment), the ADOR will be the effective date of placement on the ADL backdated by either 3 years or the period calculated under paragraph 1–39b, whichever is less.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 135-101 applies to officers tendered a new original appointment in conjunction with being ordered to active duty.  Since the applicant was not appointed in the ANC when she was ordered to active duty, this regulation does not govern her ADOR.

2.  As such, the second part of Army Regulation 600-8-29, paragraph 1-43(c) applies, in that if an officer is ordered to active duty and placed on the ADL in the Reserve grade currently held (without a concurrent new original appointment), the ADOR will be the effective date of placement on the ADL backdated by either 3 years or the period calculated under paragraph 1–39b, whichever is less.

3.  When the applicant entered active duty on 21 October 2007, she had over 3 years time in grade as a captain.  As such, she was properly given an ADOR of 21 October 2004, 3 years from the date she was placed on the ADL.

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)                                         AR20090011289



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ABCMR Record of Proceedings (cont)                                         AR20090011289



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