IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110002023
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 adjustment of her date of rank (DOR) to captain to
7 July 2004.
2. The applicant states:
a. she was awarded 4 years and 21 days of constructive credit on her appointment memorandum; however, only 21 days was applied adjusting her DOR to 7 July 2008 instead of 7 July 2004.
b. this is an error and it has direct consequences on her rank and eligibility for future promotions. This was a miscalculation that was overlooked by many. As a physician in the U.S. Army Reserve, being promoted is an important aspect of leadership and opportunity and this error creates a huge difference in when she can be promoted. If her DOR is corrected, and she is promoted to major, she would be eligible for promotion to lieutenant colonel by 2014/2015; however, if her DOR is not corrected she will not be eligible for promotion to major until 2015.
3. The applicant provides:
* Appointment memorandum
* Medical degree
* Medical license
* Oath of Office
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a captain in the USAR, Medical Corps (MC), on 28 July 2008 with 4 years and 21 days of constructive credit. Her DOR was adjusted to 7 July 2008.
2. A DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 15 August 2008, shows she received 4 years of constructive credit for basic qualifying degree and she received 21 days of constructive credit for graduate professional education for the period 1 July 2008 to 22 July 2008.
3. In the processing of this case, on 12 September 2011, a staff advisory opinion was obtained from the Chief, Officer Promotions, Special Actions, U.S. Army Human Resources Command, Fort Knox, KY. The advisory official states:
a. the applicant's request to adjust her DOR should be denied based on the information provided.
b. the Health Services Directorate determined the constructive credit awarded to the applicant upon her appointment was calculated correctly. The entry grade of captain on 28 July 2008 with 4 years and 21 days of constructive credit adjusts the DOR of captain to 7 July 2008 which is also calculated correctly.
c. in accordance with Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 3-2, the minimum constructive credit to be appointed a captain in the MC and Dental Corps is 4 years and the maximum is 14 years; the overlap of months and days is subtracted from the initial appointment date as captain and establishes an adjusted DOR of captain.
d. the applicant was appointed in the USAR on 28 July 2008 with 4 years and 21 days of constructive credit, the 4 years awarded the grade of captain and the overlap of 21 days is subtracted from the initial appointment date of 28 July 2008 which adjusts the DOR of captain from 28 July 2008 to 7 July 2008. The 7 years maximum time in grade to major establishes the promotion eligibility date to major as 6 July 2015. The current DOR of captain of 7 July 2008 reported in their system is correct as shown.
4. On 11 October 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comment or a rebuttal. She did not respond.
5. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 32 (Determination of entry grade for officers not ordered to active duty), Table ERR states the appointment grade of an individual in the MC with entry grade credit of 4 years or more, but less than 14 years is captain.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests adjustment of her DOR for captain from 7 July 2008 to
7 July 2004.
2. The governing regulation states the appointment grade of an individual in the MC with entry grade credit of 4 years or more, but less than 14 years is captain.
3. The applicant was appointed a captain in the USAR, MC, on 28 July 2008 and she was awarded 4 years and 21 days of constructive credit.
4. Four years of her constructive credit awards the entry grade of captain and the overlap of 21 days are subtracted from her initial appointment date of 28 July 2008, which adjusts her DOR for captain from 28 July 2008 to 7 July 2008. Therefore, the applicant's current DOR of 7 July 2008 is correct.
5. 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) AR20110002023
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ABCMR Record of Proceedings (cont) AR20110002023
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