IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100015812 


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 his date of rank (DOR) to captain (CPT) from 19 May 2007 to 16 August 2004 and consideration by a special selection board (SSB) for promotion to major (MAJ).

2.  The applicant states he is a prior-service commissioned officer currently serving in the Army Medical Corps.  According to Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) he is entitled to one-half day credit for every day he served on active duty as a commissioned officer in another specialty/branch.  He has 5 years, 6 months, and 6 days of prior commissioned active duty time [he was not given credit for] so his adjusted DOR should be changed to 16 August 2004 and his promotion eligibility date (PED) should be 15 August 2010.  He also states in light of this he will need a special promotion board.

3.  The applicant provides:

* a DA Form 1506 (Statement of Service)
* five DA Forms 67-9 (Officer Evaluation Report)
* two DA Forms 71 (Oath of Office)
* a DA Form 78-R (Recommendation for Promotion to First Lieutenant)
* a DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers))
* eight Department of the Army Orders

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a Regular Army (RA) Military Police (MP) second lieutenant and he executed an oath of office on 3 June 1995.  He served in staff or leadership positions and he attained the rank of CPT on 1 July 1999.

2.  He was honorably released from active duty in the rank of CPT on 8 December 2000.  The DD Form 214 he was issued for this period of service shows he completed 5 years, 6 months, and 6 days of net active service.

3.  After a break in service, he attended the Uniformed Services University of Health Science, Bethesda, MD, as a medical student from 19 July 2003 through 19 May 2007.  He was awarded a medical doctorate degree.

4.  On 19 May 2007, he was appointed as an RA Medical Corps (MC) CPT and he executed the oath of office on the same day.  DA Form 4037 (Officer Record Brief) shows his DOR to CPT as 19 May 2007.

5.  His record is void of an official DA Form 5074-R that would indicate the exact constructive service credit (CSC) in connection with this appointment. 

6.  On 6 August 2007, Orders Number 218-005, issued by the U.S. Army Human Resources Command, Alexandria, VA, announced his active DOR as a CPT to be 19 May 2007.

7.  The applicant provided a self-prepared DA Form 5074-R wherein he credited himself with 4 years of CSC for his medical degree and 2 years, 9 months, and 3 days of CSC for his prior service, for a total of 6 years, 9 months, and 3 days.

8.  During the processing of this case, on 3 January 2011, an advisory opinion was received from an official at the Office of The Surgeon General.  The advisory official recommended approval of adjusting the applicant's DOR from 19 May 2007 to 16 August 2004.  The official stated the applicant provided additional information that was not considered when the original DA Form 5074-R calculation was made.  Based on the fact the applicant had prior service as a commissioned officer of 5 years, 6 months, and 6 days he should be granted an additional 2 years, 9 months, and 3 days of credit towards his date of rank.

9.  On 3 January 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.
10.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.2, states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

11.  Army Regulation 600-8-29 (Officer Promotions) provides for SSBs.  It states SSBs may be convened to consider or reconsider commissioned officers for promotion when Headquarters, Department of the Army discovers one or more of several conditions, including that  an officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 5 years, 6 months, and 6 days of prior active service.  Upon his appointment in the MC in 2007, he should have been awarded one-half day of credit for each day served, i.e., 2 years, 9 months, and 3 days, which when added to the 4 years he had already been awarded, would give him a total of 6 years, 9 months, and 3 days of CSC.

2.  His appointed grade as CPT would not change; however, his DOR to CPT should be backdated by 2 years, 9 months, and 3 days to 16 August 2004.  Therefore, he is entitled to the issuance of an official DA Form 5074-R that shows his total CSC and his adjusted DOR.  Additionally, the orders that announced his DOR to CPT should be amended to show his DOR as 16 August 2004.

3.  Based on his corrected DOR of 16 August 2004, he would have qualified for promotion consideration to MAJ as early as 15 August 2006 and each year thereafter.  Therefore, his records should be considered by the next scheduled SSB for consideration under the appropriate year criteria for promotion to MAJ.

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.  issuing him a DA Form 5074-R that reflects the correct CSC and DOR;

	b.  adjusting his DOR to CPT from 19 May 2007 to 16 August 2004; and

	c.  following adjustment of his DOR to 16 August 2004, submitting his records to an SSB for promotion reconsideration to MAJ under the appropriate year criteria.  If:

		(1)  selected, his records be further corrected by showing he was promoted to MAJ on his date of eligibility, as determined by appropriate Departmental officials, provided he was otherwise qualified and met all other prerequisites for promotion;

		(2)  not selected, the applicant be so notified.




      __________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)                                         AR20100015812



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ABCMR Record of Proceedings (cont)                                         AR20100015812



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