IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017662 


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 of his original request for correction of his entry grade into the Army Nurse Corps (ANC) of the U.S. Army Reserve (USAR) from first lieutenant (1LT) to captain (CPT). 

2.  The applicant states, in effect, he applied for and was selected for appointment in the USAR in the rank of CPT.  He executed an oath of office in the rank of CPT on 8 October 2008.  He did not notice his appointment memorandum had listed his entry grade as 1LT.  It wasn't until January 2009, when he was reassigned to a troop program unit (TPU) that he noticed the incorrect entry grade.  He contacted his recruiting officials and was reassured that the grade would be corrected.  He made it very clear that he was promised an appointment as a CPT and would not accept a lower grade.  He also contacted various officials within his chain of command and throughout the Health Services and Army Medical Department (AMEDD) community in an attempt to correct his grade.  He even attended the Officer Basic Course in July 2009 wearing his CPT bars.  He adds that, in its original decision, the Board erroneously presumed that he did not attempt to correct this administrative error. The email exchange with various individuals clearly shows he had been trying to correct this error for some time.  An officer's word is his bond; anything an officer signs his or her name means irrevocably what is said, both in letter and spirit.  The Army must be right and just even if it is embarrassing to correct an error.  

3.  The applicant provides a self-authored sequence of events and a voluminous exchange of emails with various individuals.

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 ABCMR in Docket Number AR20090008576, on 26 January 2010.

2.  The applicant provides a new argument together with an exchange of emails which were not previously considered by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he previously completed a Bachelor of Science degree in Nursing at the Medical College of Georgia, from August 1988 to December 1989.  Additionally, he was a licensed nurse in Georgia and had been working professionally from September 1987 through August 2008. 

4.  On 8 August 2008, by memorandum addressed to the Medical Recruiting Battalions, the Director, Health Services, U.S. Army Recruiting Command (USAREC), listed individuals who were selected and were officially approved to be commissioned in the USAR, effective 7 August 2007.  The applicant's name is listed a selectee and his rank is listed as a CPT.

5.  The memorandum stipulated that this appointment was pending Secretary of Defense approval and provided that the applicant (and others listed) would not be commissioned until official notification in memorandum format (Appointment Memorandum) was received. 

6.  On 8 October 2008, he executed an agreement for commissioning as an AMEDD officer in the USAR.  In connection with this commission, he agreed he would be commissioned in the ANC with area of concentration 66H (Medical-Surgical Nurse) in a TPU in the rank of CPT. 

7.  On 8 October 2008, he also executed an oath of office.  His DA Form 71 (Oath of Office - Military Personnel) listed his rank as a CPT.

8.  On 8 October 2008, the U.S. Army Human Resources Command, St. Louis, (HRC-STL), MO, issued the applicant his appointment memorandum as a 1LT in the ANC of the USAR.  The memorandum listed 3 years of constructive service credit.

9.  On 14 November 2008, a human resources official prepared and submitted a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)) for the applicant.  He was awarded 3 years of constructive service credit based on his professional experience (the maximum allowed in this category).  This form shows the entry grade of 1LT as the grade for which his service credit qualified and the remaining 1 year was applied to his date of rank (DOR), thus establishing his DOR as 8 October 2007. 

10.  On 7 January 2009, HRC-STL published Orders C-01-900196 assigning him to the 7225th Medical Support Unit, Greenville, SC, in the rank of 1LT effective 8 October 2008.

11.  During the period February through July 2009, he exchanged emails with various military and civilian officials at HRC, USAREC, Army Medical Department (AMEDD), and other agencies in an attempt to rectify his grade error.  He was essentially told his CPT appointment was in error and that based on his 3 years of service credit, he only qualified for entry as a 1LT.

12.  He attended and successfully completed the AMEDD Officer Basic Course in the grade of 1LT from July through August 2009.

13.  On 27 January 2010, the Board denied his petition to change his entry grade from 1LT to CPT because he did not have sufficient service credit for entry as a CPT. 

14.  Title 10, U.S. Code, section 741(d) states that the DOR of an officer of the Army, Navy, Air Force, or Marine Corps who holds a grade as a result of an original appointment shall be determined by the Secretary of the military department concerned at the time of such appointment.  The DOR of an officer of the Army, Navy, Air Force, or Marine Corps who holds a grade as the result of an original appointment and who at the time of such appointment was awarded service credit for prior commissioned service or constructive credit for advanced education or training or special experience shall be determined also as to reflect such prior commissioned service or constructive service.  

15.  The Department of Defense (DOD) through a system of Directives (DODD) and Instructions (DODI) establishes policy and assigns responsibilities for matters related to health services operations and readiness, including, but not limited to medical manpower and personnel.  DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs and ensure that the Services have sufficient military medical personnel to meet all mission requirements.  It provides that, when accessing a prospective health professions officer, 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 DODI specifically states in Section 6.1.2.2 (specifically, Section 6.1.2.2.5), credit for work experience, up to a maximum of 3 years of constructive credit, may be granted on the basis of one-half year of credit for each year of experience.

16.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the AMEDD.  Chapter 3 contains guidance on grade determinations.  Paragraph 3-2 provides the policy for determination of entry grade for officers not ordered to active duty.  It states, in pertinent part, that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase point shown in the Table ERR.  This Table shows that an individual appointed as a Reserve officer without concurrent call to active duty with more than 3 years but less than 7 years grade credit, the entry grade would be a 1LT.  For individuals with more than 7 years but less than 14 years grade credit, the entry grade would be CPT.

17.  Army Regulation 135-175 (Separation of Officers) prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army.  Chapter 6 of this regulation prescribes the criteria for the various types of resignation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was accepted for commissioning and executed an oath of office in the USAR in the rank of CPT.  He also received correspondence/emails from various individuals addressing him as a CPT.  

2.  However, by law and regulation, the grade and DOR upon original appointment and assignment to an AMEDD branch is determined by the number of years of entry grade credit awarded.  As an ANC officer, he was awarded 3 years of constructive service credit.  This credit qualified him for entry as a 1LT.  An entry grade of CPT required constructive service credit of at least 7 years.  

3.  His efforts and attempts to resolve this issue are noted.  However, this does not change the fact that he did not have sufficient service credit for appointment as a CPT. 






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 AR20090008576, dated 26 January 2010.



      _______ 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)                                         AR20100017662



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ABCMR Record of Proceedings (cont)                                         AR20100017662



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