IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090014198
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 an earlier date of rank (DOR) for her appointment as an Army Nurse Corps officer.
2. The applicant states her initial appointment orders did not show any prior service or any constructive service credit. When she signed her oath of office as a captain, she was told her constructive credit would be calculated during the officer basic course. The Surgeon General gave her constructive credit of 6 years, 6 months, and 8 days towards her DOR. She received several amendments that first adjusted her DOR to 15 December 2004, only to have a further amendment revert her DOR to 23 March 2008.
3. The applicant provides copies of her appointment orders, oath of office, two DA Forms 5074-1-R (Record of Award of Entry-Grade Credit Health Services Officer), orders to active duty, and orders amending her DOR.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Air National Guard of the United States for a total of 10 years, 11 months, and 23 days of service for pay. She was discharged from the Air National Guard as a first lieutenant on 31 August 1999.
2. The applicant was appointed as a captain in the U.S. Army Reserve Army Nurse Corps on 14 March 2008.
3. The 14 March 2008 appointment letter shows no constructive credit being awarded.
4. She signed her oath of office as a Regular Army commissioned officer on 19 March 2008 and was ordered to active duty on 6 June 2008.
5. A DA Form 5074-1-R, dated 1 May 2008, shows award of 3 years of credit for grade and no credit in excess of that required for grade.
6. A DA Form 5074-1-R, dated 14 May 2008, shows 1 year, 3 months, and 18 days of credit for professional experience; 5 years, 2 months, and 20 days of prior service credit; 3 years and 3 months of credit for grade; and 3 years, 3 months, and 8 days of credit in excess of that required for grade.
7. U.S. Army Human Resources Command (HRC) Order Number 161-002, dated 9 June 2008, shows a DOR of 15 December 2004.
8. On 8 June 2009, HRC Order Number 008-006 amended her DOR to 23 March 2008.
9. A review of her integrated Personnel Electronic Records Management System (iPERMS) record shows her:
* grade as captain
* date of rank as 23 March 2008
* date of initial entry as 23 March 2008
* date eligible for promotion as 22 March 2015
10. During the development of this case, an advisory opinion was obtained from the Deputy Chief, Promotions, HRC, Arlington, VA. The Deputy Chief states that in accordance with Army Regulation 600-8-29 (Officer Promotions), dates of rank cannot be adjusted more than 3 years prior to an officer's entry on active duty date. HRC amended her orders to show a DOR of 23 March 2005.
11. As a result of the above review, HRC Order Number 092-001, dated 2 April 2010, amended HRC Order Number 008-006 to show a DOR of 23 March 2005.
12. A copy of the advisory opinion was forwarded to the applicant. No rebuttal or comment was received from her.
13. Army Regulation 600-8-29 provides the following:
a. paragraph 1-43b states, "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 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches). The active date of rank (ADOR) will be determined by backdating from the date of placement on the Active Duty List (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."
b. paragraph 1-43c states, "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. The applicant states her initial appointment orders do not show any prior service or any constructive service credit and since that time her DOR has been adjusted multiple times ranging from 15 December 2004 to 20 March 2008.
2. The applicant was awarded a total of 6 years, 6 months, and 8 days of constructive credit. Three of these years were used to appoint her as a captain, leaving 3 years, 6 months, and 8 days to be applied toward an earlier DOR.
3. However, the maximum allowable time to backdate her DOR is 3 years; thus, the date of 23 March 2005 is the proper date of rank as a captain.
4. The orders giving the applicant the 23 March 2005 DOR effectively granted the applicant partial relief without the need for Board direction. Since the applicant has requested backdating of her DOR to include all of her constructive credit that portion of her request in excess of a 23 March 2005 DOR must be denied.
5. It is also noted that a number of sections on the applicant's iPERMS basic information screen are blank or have computer-generated entries showing incomplete or no information has been entered. It is recommended that the applicant contact her personnel support command and have these omissions corrected.
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) AR20090014198
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