IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090016506 


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 her military record to show she was accessed on active duty in the rank of lieutenant colonel (LTC) instead of major (MAJ).

2.  The applicant summarizes her military history educational and professional experience and indicates her rank should be restored to LTC.

3.  The applicant provides documents extracted from her Official Military Personnel File (OMPF) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show she was initially appointed a Reserve commissioned officer in the rank of second lieutenant on 15 April 1994.  On 6 June 1998, she was ordered to active duty in the rank of captain (CPT) as a volunteer obligated officer to fulfill her five year active duty requirement.

2.  The applicant was promoted to MAJ on 6 June 2004, and she served in area of concentration (AOC) 60J (Gynecologist).  She continued to serve on active duty until she was honorably discharged on 30 June 2008, having completed 10 years and 25 days of creditable active service.

3.  On 1 July 2008, the applicant was appointed a Reserve commissioned officer in the U.S. Army Reserve (USAR), in the rank of MAJ.

4.  On 11 June 2009, U.S. Army Human Resources Command, St. Louis (AHRC-St Louis) published Orders Number A-06-916937 which ordered the applicant to active duty in AOC 60J in the rank of MAJ on 24 August 2009.

5.  On 6 August 2009, AHRC-St. Louis published Orders Number B-08-905655.  This order announced the applicant’s promotion to LTC with an effective date and date of rank of 16 July 2009.

6.  A DA Form 71 (Oath of Office-Military Personnel) on file in the applicant’s OMPF shows she was appointed a Medical Corps (MC) officer in the rank of MAJ in the Regular Army on 8 August 2009.

7.  During the processing of this case an advisory opinion was obtained from AHRC, Career Manager, MC Branch.  This official recommends the applicant's request to correct her entry grade and rank within grade be granted.  He states the applicant was ordered to report to active duty as a MAJ on 8 August 2009.  Although correct when originally published on 11 June 2009, the applicant's active duty order was erroneous when she reported to active duty because she had been promoted to LTC on 16 July 2009, after the order was published but prior to her entry on active duty.  

8.  The AHRC MC Career Manager further confirms the governing regulation states a Reserve Component (RC) health professions officer serving in the specialty for which applying may be appointed to active duty in the grade currently held.  In this case, the applicant was an RC officer serving in the same specialty for which she sought appointment and she was appointed to active duty in her current grade held.  Therefore, the applicant should have been appointed as an LTC, the RC grade she held, when she entered active duty on 8 August 2009.  The applicant's date of rank to LTC should be adjusted to 16 July 2009, based on the regulatory guidance stipulating if an officer is ordered to active duty and placed on the active duty list in the Reserve grade currently held, the date of rank will be the effective date of placement on the active duty list backdated by either 3 years or the effective date of promotion, whichever is less. 

9.  The applicant was provided a copy of the advisory opinion for her comments or rebuttal on 25 March 2010.  She provided her concurrence with its contents on 1 April 2010.

10.  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).  
11.  Paragraph 1-3 of the AMEDD appointment regulation states commissioned officers of any RC of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty in the grade currently held if serving in the specialty for which applying or in the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified, whichever is higher.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her record should be corrected to show her 8 August 2009 accession on active duty was in the rank of LTC instead of MAJ has been carefully considered and found to have merit.  

2.  By regulation, commissioned officers of any RC of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty in the grade currently held if serving in the specialty for which applying or the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified, whichever is higher.  The date of rank of an officer ordered to active duty and placement on the active duty list in the Reserve grade currently held will be the effective date of placement on the active duty list backdated by either 3 years or the effective date of promotion, whichever is less. 

3.  The evidence of record confirms that after official orders were published ordering the applicant to active duty in the rank of MAJ on 11 June 2009, she was promoted to LTC effective on and with a DOR of 16 July 2009 in official orders published on 6 August 2009.  Therefore, the applicant held the rank of LTC and was satisfactorily serving in AOC 60J, the specialty for which she was called to active duty at the time of her accession on active duty.  Accordingly, the applicant should have been appointed as an LTC, her highest and current Reserve grade held when she entered active duty on 8 August 2009.

4.  In view of the foregoing, the applicant’s 8 August 2008 DA Form 71 should be amended to show she was appointed in the RA in the rank of LTC instead of MAJ at this time.  Further, the applicant's LTC date of rank should be established as 16 July 2009, and she should be provided any back pay and allowances due as a result.  


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending the 8 August 2008 DA Form 71 (Oath of Office) to show the applicant was appointed in the Regular Army in the rank of Lieutenant Colonel instead of Major at this time;

	b.  showing her lieutenant colonel date of rank as 16 July 2009; and 

	c.  providing her any back pay and allowances due as a result of this correction.  



      _______ _   __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)                                         AR20090016506



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ABCMR Record of Proceedings (cont)                                         AR20090016506



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