IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110020084 


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 his date of rank (DOR) to major.

2.  The applicant states:

	a.  his DOR to major should be backdated to 4 September 2011 to correspond with his 6-year mark for time in grade (TIG) as a captain;

	b.  his promotion was delayed until 1 October 2011;

	c.  he was previously a major when he was in the Navy and he separated on 6 August 2006 to attend the Uniformed Service University (USU) medical school;

	d.  when he graduated on 15 May 2010, he was promoted to captain and transferred from the Medical Service Corps (MSC) to the Medical Corps (MC);

	e.  per regulations his DOR to captain was established as 4 September 2005;

	f.  he was told he was unable to go before the "previous board," which could have promoted him on time, because he was in the MSC at the time the board met;

	g.  the situation is unjust because it effectively bars promotion of any Army graduate of USU from the time of graduation in May until 1 October of the following year;

	h.  graduates with sufficient service to qualify for the rank of major at graduation are promoted to major on the day of graduation;

	i.  anyone not having enough time to qualify at graduation and forced to go before the major board would encounter the delay;

	j.  a further injustice is that Navy students at USU are MC while attending USU and are not subject to administrative delay; and

	k.  he believes the Army's policy violates the policies requiring equal treatment of different services.

3.  The applicant provides:

* two DA Forms 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes)
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 6 August 2006
* DA Form 71 (Oath of Office – Military Personnel), dated 15 May 2010
* DA Form 71, dated 7 August 2006

CONSIDERATION OF EVIDENCE:

1.  With prior service in the U.S. Navy, the applicant executed his Oath of Office, on 7 August 2006, as a Regular Army (RA) commissioned officer in the MSC, in the rank of second lieutenant.

2.  On 15 May 2010, he executed an Oath of Office as an RA commissioned officer, in the MC, in the rank of captain.

3.  Orders Number 256-038 were published on 13 September 2011, promoting the applicant to major, effective 1 October 2011.

4.  An advisory opinion was obtained from the U.S. Army Human Resources Command, Chief, Officer Promotions, who states:

	a.  the applicant was not a medical officer on the Active Duty List (ADL) at the time of his fiscal year (FY) 2010 Major, MC and Dental Corps (DC) Promotion Selection Board convened on 9 March 2010;

	b.  at the time the FY 2010 Major MC and DC Promotion Selection board convened, the applicant was still a student in the MSC, not the MC;

	c.  the applicant graduated from the USU of the Health Science on 15 May 2010 and upon graduation he executed his Oath of Office;

	d.  he was reappointed as a MC officer, in the RA and placed on the ADL on 15 May 2010;

	e.  prior to the applicant's graduation his adjusted total entry grade credit was 4 years, 6 months, and 1 day, which made adjusted date of rank (ADOR) 14 November 2009;

	f.  his adjusted total entry grade credit was corrected to 8 years, 8 months, and 11 days on 13 October 2010, which made his ADOR 4 September 2005;

	g.  when the FY 2011 major MC and DC Promotion Selection Board convened, the applicant's ADOR of 4 September 2005 placed him in the above the zone for consideration;

	h.  the applicant was selected for promotion and based on seniority and his DOR, his promotion sequence number was 26;

	i.  he was promoted to major on 1 October 2011, with an effective date of 1 October 2011; and

	j.  the applicant's promotion to major was in accordance with Army Regulation 600-8-29, paragraph 1-17.

5.  The Chief, Officer Promotions states no further action(s) are warranted or deemed necessary.

6.  The applicant submitted a rebuttal to the advisory opinion stating:

	a.  upon graduation on 15 May 2010, he was promoted to captain and given a DOR of 4 September 2005, which is based on a "2 for 1" credit for prior time service on active duty as a commissioned officer;

	b.  for USU Health Science students with 12 years or more of active duty commissioned service time prior to entering, they are automatically promoted to major upon graduation since the "2 for 1" calculation gives them over 6 years time in grade as a captain, which was the case for one of his classmates;

	c.  he did not have sufficient credit to be promoted to major upon graduation but his "2 for 1" calculation put his 6-year point of eligibility for promotion to major to 4 September 2011;

	d.  he was not allowed to go before the appropriate board and he has fallen through the cracks in the system;

	e.  the system, as it is currently applied, says that anyone with enough time to promote to major upon graduation from USU Health Science will do so and any prior service officer who is even 1 day short of eligibility for major upon graduation cannot be promoted until 1 October of the year following their graduation; and

	f.  the current process denies credit for TIG purposes for up to 33 months of commissioned service.

7.  In his rebuttal, the applicant requests that his DOR be adjusted to 4 September 2011, with full pay and allowances, and that a system be put in place so that other officer in his situation are given full credit for their prior commissioned service for purposes of promotion to major.

8.  Army Regulation 600-8-29 (Officer Promotions), paragraph 1-17b, states MC and DC officers selected for promotion will be promoted from promotion lists in order of seniority.  Officers will be promoted when additional officers in the next higher grade are needed but not before the sixth anniversary of their ADOR.  Officers selected for promotion from above the zone will be promoted after those in the same competitive category who were on the previous promotion list, but before all junior officers in their competitive category on the same promotion list.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He was not a medical officer on the ADL at the time the FY 2010 Major, MC and DC Promotion Selection Board convened on 9 March 2010, he was a student in the MSC.

3.   The applicant was reappointed as a MC Officer, in the RA and placed on the ADL on 15 May 2010.  He was credited with 8 years, 8 months, and 11 days, which made his ADOR 4 September 2005 and placed him above the zone for consideration for promotion.  His promotion sequence number was 26 and he was promoted in order of seniority, when additional officers in the rank of major were needed.


4.  The applicant's request that a system be put in place so that other officers in his situation are given full credit for their prior commissioned service for purposes of promotion to major, does not fall within the purview of this Board.  By regulation, the Board considers a case based on the evidence of record and independent evidence it is provided.  The Board does not create policy for the Department of the Army.  

5.  He has not shown error or injustice in his current DOR.  The available evidence shows he was promoted and received a DOR in accordance with the applicable regulation.

6.  In view of the foregoing, 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 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)                                         AR20110020084



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ABCMR Record of Proceedings (cont)                                         AR20110020084



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