IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100013904
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 reconsideration that his date of rank (DOR) to first lieutenant be corrected to 8 May 2006.
2. The applicant states that the additional documents provided show he was serving in a Medical Service Corps (MSC) position prior to his official transfer to the MSC.
3. The applicant provides copies of statements from Brigadier General (BG) B____ K____, BG O____ D____, and Colonel (COL) R____ T____.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080016621 on 5 May 2009.
2. The statements provided by the three senior officers, who were or are in positions to verify the applicant was assigned to an MSC position at the time he was appointed to the MSC, constitute new evidence warranting reconsideration.
3. The applicant was appointed as a second lieutenant (2LT) in the Army National Guard on 8 May 2004 as a Military Police (MP) Corps officer. He was promoted to first lieutenant MP on 8 May 2006.
4. On 15 September 2006, the applicant was separated from the Army National Guard and transferred to the U.S. Army Reserve. On 21 September 2006, he was reassigned within the U.S. Army Reserve to an Active Guard Reserve status.
5. On 16 March 2007, the applicant was appointed as a 2LT in the MSC with 1 year, 4 months, and 11 days of constructive credit. His DOR, to 2LT, was adjusted to 5 November 2005 based on this constructive credit.
6. On 4 October 2007, the applicant was promoted to first lieutenant (1LT) MSC with a DOR of 4 November 2007.
7. A portion of the rationale for the previous denial was that there was no evidence in the available records showing the applicant had served in the MSC specialty prior to his reappointment to the MSC Branch and, as such, he was not entitled to appointment at the highest grade held. To show he was "serving" in a MSC specialty, the applicant obtained the following three statements from:
a. BG K____ states he was the commander of the 399th Combat Support Hospital (CSH) from 2006-2009. During this time the applicant was assigned to the unit and served in an MSC position while awaiting commissioning as an MSC officer.
b. BG D____ states the applicant was assigned to the 804th Medical Brigade as the Field Medical Assistant for the 399th CSH in an authorized MSC position. He believes the applicant meets the requirements for consideration for a highest grade held waiver.
c. COL T____, Assistant Chief, Office of the Surgeon General, states he reviewed the applicant's service record and found the applicant had been assigned to and serving in an MSC position prior to as well as subsequent to his appointment to the MSC. His service was in the specialty for which he was applying. He was eligible to be appointed in the grade currently held in accordance with Army Regulation 135-101 (Army National Guard and Army Reserve Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).
8. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 1-3a(1),
states that commissioned officers may be appointed or called to active duty in the grade they currently hold if serving in the specialty for which they are applying.
9. The proponent of Army Regulation 135-101 has advised that "served" satisfactorily in the specialty for which they are applying should be interpreted to mean "held" the specialty rather than performed duties in the specialty. The meaning of the word "served" means that an individual was a commissioned AMEDD Officer, serving in the Army Reserve (Individual Ready Reserve, Individual Mobilization Augmentee, Troop Program Unit, Active Guard Reserve) or National Guard (M-Day or Active Guard Reserve) and has the experience and worked directly in the job in the specific AMEDD AOC (Area of Concentration) required for that job. If they are an AMEDD officer and have served satisfactorily in an AMEDD specialty in the Reserve Component in the same specialty for which they are applying to Active duty, they are eligible to be brought onto Active duty with the same rank and AOC.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was credited with constructive credit for his prior commissioned service as a Military Police Corps officer during the period 8 May 2004 to 16 March 2007 and his DOR for 2LT was adjusted to 5 November 2005 at the rate of one-half day for each day served.
2. While the applicant may have been assigned duties in an MSC officer position, his AOC was still as an MP officer. Prior to his 16 March 2007 MSC appointment he had not been appointed, held, or served in an MSC AOC.
3. Therefore, the applicant cannot be shown to have met the eligibility requirements for appointment in the grade he held as an MP and his request should be denied.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080016621 on 5 May 2009.
____________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) AR20100013904
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ABCMR Record of Proceedings (cont) AR20100013904
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