IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120007267
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 her record be corrected to show she entered military service in the rank/grade of first lieutenant (1LT)/O-2 in 2000 and to show she received constructive service credit as an occupational therapist in conjunction with her active duty appointment in 2010.
2. The applicant states she learned she should have been appointed as a 1LT when she entered the U.S. Army Reserve (USAR) in 2000. She also states her date of rank was changed from 1 August 2006 to 26 May 2008 when she transitioned from the USAR to active duty and she did not receive 12 years of constructive service credit for professional experience.
3. The applicant provides the eight documents listed in her application in support of her request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows she was appointed as a second lieutenant/O-1 in the USAR Medical Specialist (SP) Corps on 18 April 2000. She was promoted to 1LT/O-2 on 3 March 2003 and to captain (CPT)/O-3 on 8 July 2006.
2. On 26 May 2011, the applicant was appointed as a CPT/O-3 in the SP Corps of the Regular Army. Her CPT/O-3 date of rank (DOR) remained 8 July 2006.
3. In connection with the processing of this case, an advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC) SP Branch Program Manager who states that no constructive service credit was authorized in conjunction with the SP Corps at the time of the applicant's appointment in the USAR in 2000. Constructive service credit for the SP Corps was authorized effective 1 October 2001.
4. On 25 July 2012, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to reply to or rebut its contents. To date she has failed to respond.
5. The Chief, Army SP Corps, distributed additional guidance for commissioning and awarding constructive credit for Army Medical Specialist Corps Officers on 7 December 2006. The purpose was to provide clarification on the Office of the Surgeon General (OTSG) commissioning guidance for Army SP Corps officers and to ensure appropriate constructive service credit was granted for education completed prior to newly-commissioned officers entering active duty and established the implementation dates. The effective date for the implementation of the policy was 1 October 2001. The effective date was based on prior direction from the OTSG to implement the provisions of Department of Defense Instruction 6000.13, including constructive credit for education.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be granted constructive service credit and an entry grade of 1LT/O-2 in conjunction with her 2000 appointment in the USAR, and to adjust her CPT/O-3 DOR upon her appointment in the Regular Army has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms that constructive service credit for SP Corps officers was not effective until 1 October 2001, subsequent to the applicant's original appointment. As a result, she is not eligible for constructive service credit in conjunction with her appointment.
3. Further, since the applicant retained her CPT/O-3 DOR when she was appointed in the Regular Army on 26 May 2011, there appears to be no error or injustice related to that appointment grade.
4. In view of the foregoing, there is an insufficient evidentiary basis to support granting the 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 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) AR20120007267
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ABCMR Record of Proceedings (cont) AR20120007267
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