IN THE CASE OF:	  

		BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120001803 


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 she be awarded constructive service credit for her prior commissioned service in the Missouri Army National Guard (MOARNG) and adjustment of her date of rank (DOR).  

2.  The applicant states the Regular Army did not grant her credit for her prior commissioned service when she transferred to the Army Nurse Corps (ANC).  She was incorrectly denied credit for her prior commissioned officer service and was told that being a brand new second lieutenant (2LT) she did not qualify for the credit.  She had been appointed in the ARNG on 23 May 2009 and she was promoted to first lieutenant (1LT) on 23 May 2011. 

3.  The applicant provides:

* DA Form 71 (Oath of Office)
* Orders 135-009
* National Guard Bureau (NGB) Special Orders Number 131 AR
* NGB Form 22 (Report of Separation and Record of Service)
* NGB Form 22A (Correction to NGB Form 22)
* Orders 251-099 (separation from the ARNG)
* DA Form 71 (Oath of Office – Military Personnel)
* Orders A-07-115250 (Orders to active duty) and amendments
* DA Form 1506 (Statement of Service)
* NGB Form 23B (ARNG Retirement Points History Statement)


CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant’s records show she was appointed as a 2LT in the MOARNG, Engineer branch, and executed an oath of office on 23 May 2009.  The NGB issued Special Orders Number 219 AR extending her Federal recognition for this appointment.  

2.  On 20 April 2011, the MOARNG published Orders 110-233, later amended by Orders 118-277, dated 28 April 2011 promoting her to 1LT with an effective date and DOR as 24 May 2011. 

3.  On 9 June 2011, the NGB published Special Orders Number 131 AR extending her Federal recognition for promotion to 1LT effective 24 May 2011.

4.  She was honorably separated from the ARNG in the rank of 1LT on 21 August 2011 for the purpose of accepting a commission in the Regular Army.  Her NGB Form 22 shows she completed 2 years, 2 months, and 28 days of ARNG service.

5.  On 22 August 2011, she executed an oath of office as a Regular Army 2LT, ANC.  

6.  On 15 July 2011, the U.S. Army Human Resources Command (HRC), Fort Knox, KY published Orders A-07-115250 ordering her to active duty in the grade of 2LT to fulfill active duty requirements in an indefinite status, effective             22 August 2011 with ultimate assignment to Tripler Army Medical Center, HI.  The active duty orders listed her DOR as 22 August 2011.

7.  She attended and successfully completed the Army Medical Department Basic Officer Leader Course at Fort Sam Houston, TX from 23 August to 31 October 2011.  

8.  On 21 December 2012, HRC published Orders Number 356-007 promoting her to 1LT with an effective date and DOR as 24 January 2013.  

9.  An advisory opinion was obtained on 15 January 2013 from the U.S. Army Recruiting Command, Fort Knox, KY.  An official recommended approval of her request.  The official stated:

	a.  The applicant was commissioned in the Regular Army on 22 August 2011. She was previously commissioned in the ARNG from 20 August 2009 to 

21 August 2011.  According to Department of Defense Instruction (DODI) 6000.13, she is authorized to receive 1/2 time credit for this period as an Engineer.  

	b.  The 1/2 time credit is authorized as time was being attained while obtaining a qualifying degree in another area of concentration (AOC).  This credit for the rank would equal 1 year, 1 month, and 14 days based on DODI 6000.13 to be awarded to her at the date of commission in the ANC.  At her time of reappointment as an ANC officer, the phase point for 1LT was 1 year and 6 months.  She should have been awarded the rank of 2LT with 1 year, 1 month, and 14 days credit toward 1LT.  

10.  The applicant was provided with a copy of this advisory opinion and she concurred.  She also requested her case be expedited. 

11.  DODI 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6.1 states that a prospective heath profession officer’s entry grade and rank 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 entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.  

12.  Paragraph 6.1.1 provides guidance on prior commissioned service credit.  It states, in pertinent part, that credit for prior service as a commissioned officer (other than commissioned warrant officer) shall be granted to recognize previous commissioned experience.  It states the Secretaries shall establish procedures that ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner.  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 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the ARNG, Engineer branch, from 23 May 2009 to 21 August 2011.  She completed 2 years, 2 months, and 28 days of 

commissioned service.  When she was appointed in the Regular Army on 22 August 2011, according to DODI 6000.13 she should have received 1/2 time credit for this period.  

2.  This credit for the rank would equal 1 year, 1 month, and 14 days based on DODI 6000.13 to be awarded to her at the date of commission in the ANC.  At her time of reappointment as an ANC officer, the phase point for 1LT was 1 year and 6 months. 

3.  Therefore, she should have been awarded the rank of 2LT upon appointment in the Regular Army with her DOR backdated by 1 year, 1 month, and 14 days, i.e., 7 July 2010. 

4.  For promotion to 1LT in the Regular Army, she needed 18 months of time in service.  Based on an adjusted DOR of 7 July 2010, she would have been promoted to 1LT in the Regular Army on 7 January 2012, provided she was otherwise qualified.  Therefore, she is entitled to correction of her records as recommended below.  

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:

* showing she was credited with 1 year, 1 month, and 14 days constructive service credit upon appointment in the Regular Army
* amending her promotion orders to 1LT to show the effective date and date of rank to 1LT as 7 January 2012 vice 24 January 2013, if otherwise eligible
* 
auditing her active duty pay account and paying her any monies due as a result of this correction



      _______ _   _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)                                         AR20120001803





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ABCMR Record of Proceedings (cont)                                         AR20120001803



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