IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100021902
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 backdate of her date of rank (DOR) to first lieutenant (1LT) from 23 September 2009 to 5 November 2008.
2. She states she was:
* promoted to second lieutenant (2LT) on 5 May 2007 and to 1LT on 23 September 2009
* unable to attend the Officer Basic Course (OBC) due to discovery of a heart murmur during her physical examination
* told by her Branch Manager that she couldnt attend OBC until she was medically cleared
3. She contends she:
* couldnt reach anybody who could medically clear her within the military
* received poor guidance from her Unit Administrator
* was later appointed a new Branch Manager who stated she could attend OBC
* graduated from OBC on 23 September 2009
* would have been promoted with her year group if there was communication within her leadership
4. She provides:
* the results of retention physical examination
* a DD Form 2807-1 (Report of Medical History)
* a Standard Form 507 (Clinical Record)
* her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 September 2009
* her orders for active duty for training (ADT), dated 9 April 2009
* a DA Form 1059 (Service School Academic Evaluation Report)
* her promotion orders to 1LT, dated 29 September 2009
* her Army Training Requirements and Resources System (ATRRS) Training Record
CONSIDERATION OF EVIDENCE:
1. The applicant completed prior enlisted service in the U.S. Army Reserve (USAR). She underwent a medical examination on 13 June 2006. Her examining physician noted findings of a heart murmur on her DD Form 2807-1. The examining physician also noted he didnt concur with the applicants functional capacity until she was cleared by a cardiologist. She also underwent a physical examination on 19 October 2006 which indicated she needed a temporary profile for evaluation of heart murmur.
2. Orders T-04-705872, issued by the U.S. Army Human Resources Command, St. Louis, MO (HRC-STL), dated 26 April 2007, shows she was ordered to ADT to attend the Quartermaster Basic Officer Leadership Course (BOLC) Phase 2 (QM BOLC 2), with a reporting date of 6 May 2007.
3. On 5 May 2007, she was appointed as a Reserve commissioned officer in the rank of 2LT.
4. Orders T-04-705872R, issued by HRC-STL, dated 14 May 2007, revoked the original orders, dated 26 April 2007, which ordered her to ADT to attend QM BOLC 2.
5. She provided her ATRRS Training Record which shows she was scheduled for the following BOLC 2 and 3:
DATE SCHEDULED
RESERVATION STATUS
REASON
6 May 2007
Cancelled
Medical (temporary medical hold, profile, nondeployable)
1 July 2007
Cancelled
Not indicated
5 August 2007
Automated cancellation
No-show/noncompletion
8 June 2008
Automated cancellation
No-show/noncompletion
2 November 2008
Automated cancellation
No-show/noncompletion
11 January 2009
Cancelled
Class date/Location
changed
6. Orders T-04-919737, issued by HRC-STL, dated 9 April 2009, show she was ordered to ADT with a reporting date of 10 May 2009 for the purpose of attending QM BOLC 2, followed by QM BOLC 3. The additional instructions indicated she was medically qualified to perform initial ADT (OBC).
7. Her DA Form 1059, dated 23 September 2009, shows she completed the
QM BOLC 3 on 23 September 2009, which satisfied the military education eligibility requirement for promotion to 1LT.
8. Orders B-09-906628, issued by HRC-STL, dated 29 September 2009, show she was promoted to 1LT, with an effective date and DOR of 23 September 2009.
9. In the processing of this case, on 8 February 2011, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, U.S. Army Human Resources Command, Fort Knox, KY. The advisory official recommended disapproval of the applicants request for an earlier DOR. The advisory official stated:
a. The applicant was appointed a 2LT on 5 May 2007 and her promotion eligibility date to 1LT was 5 November 2008 based on the 18-month criteria if all requirements were met.
b. The applicant was not eligible for promotion on 5 November 2008 because she had not completed the military education requirement of an OBC.
c. The applicant completed OBC on 23 September 2009 and she was promoted to 1LT with an effective date and DOR of 23 September 2009.
d. There are no entries in the Soldier Management System (SMS) nor did she provide documentation to verify attempts to enroll in and complete OBC prior to attending the course on 6 July 2009.
10. On 14 February 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. However, she did not respond within the allotted timeframe.
11. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-2, states 2LTs must complete the resident basic officer course to be eligible for promotion to 1LT.
DISCUSSION AND CONCLUSIONS:
1. The applicants medical evidence shows she underwent a physical examination in June 2006, prior to her commissioning date on 5 May 2007. At that time, the examining physician indicated she needed a temporary profile for evaluation of a heart murmur.
2. She contends that she couldnt reach anybody who could clear her medically within the military. However, her service record is void of evidence to support her claim.
3. She also contends she received poor guidance from her Unit Administrator. Again, her service record is void of evidence to support this claim.
4. Her ATRRS Training Record shows she was cancelled from the QM BOLC, with a reporting date of 6 May 2007, due to a medical profile. She was later rescheduled for the QM BOLC on various dates in 2007 and 2008. However, her reservations were cancelled based on medical profile, three No-shows, and a class date/location change.
5. She completed the QM BOLC 3 on 23 September 2009. Therefore, having met the educational requirement, she was promoted to 1LT with an effective date and DOR of 23 September 2009.
6. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100021902
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