IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120016875 


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 correction of her records to show she was promoted to first lieutenant (1LT)/pay grade O-2 with an active duty date of rank (ADOR) that takes into account the constructive credit she was granted.

2.  The applicant states that she was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT)/pay grade O-1 as an Army Nurse (AN) on 29 December 2010.

   a.  She was granted 6 months and 19 days of constructive credit based on her experience as a Critical Care Nurse; awarded specialty skill identifier (SSI) 66H (Operating Room Specialist) with additional skill identifier (ASI) 8A (Critical Care Nursing); and given an adjusted date of rank (DOR) of 10 June 2010.
   
   b.  She states that in order to attend the U.S. Army Graduate Program of Anesthesia, she was first required to complete the Basic Officer Leaders Course (BOLC).  Consequently, she opted to begin her BOLC in March 2012.  As a result, she didn't have sufficient time to work with personnel in her U.S. Army Reserve (USAR) unit to resolve discrepancies in her records regarding her appointment grade and ADOR.

   c.  She was released from the USAR to enter the Regular Army (RA) on
1 March 2012.

   d.  On 8 March 2012, orders were published promoting her to 1LT in the USAR effective and with a DOR of 9 December 2011.

   e.  On 30 March 2012, orders were published that announced her ADOR for 2LT was determined to be 29 December 2010; however, the ADOR is incorrect.

   f.  She states the constructive credit was not taken into consideration when she entered active duty and she has been unsuccessful in getting her records corrected.

3.  The applicant provides a copy of her appointment memorandum, two oaths of office, promotion orders, active duty orders, and email messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the USAR and RA.

   a.  She enlisted in the USAR on 12 October 2000 and was awarded military occupational specialty 68D (Operating Room Specialist).

   b.  She was ordered to active duty in support of Operation Iraqi Freedom on 17 July 2005 and was promoted to staff sergeant/pay grade E-6 on 26 July 2006.

2.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty on 19 December 2006 and transferred to the 7th Army Reserve Command.  She had completed 1 year,
5 months, and 3 days of net active service this period; 1 year, 2 months, and
15 days of total prior active service; and 3 years, 6 months, and 20 days of total prior inactive service.

3.  On 28 December 2010, she was honorably discharged to accept appointment as an officer in the USAR.

4.  U.S. Army Human Resources Command (USA HRC), Fort Knox, KY, memorandum, dated 29 December 2010, announced the appointment of the applicant as a Reserve commissioned officer in the AN Corps, SSI 66H8A, in the rank of 2LT, effective 29 December 2010, with a DOR of 10 June 2010.  It also shows in:

	a.  Section D:  00 years, 6 months, 19 days (as of 29 December 2010); and

	b.  in paragraph 4:  "If you have been credited with 'years of service in an active status' the number of years, months, and days is shown after D."
5.  A DA Form 71 (Oath of Office - Military Personnel) shows the applicant was appointed as a Reserve commissioned officer, in the grade of O-1, effective
29 December 2010.

6.  A DA Form 5074-1-R (Record of Award of Entry Grade Credit - Health Services Officers), dated 7 March 2011, shows the applicant was granted a total of 6 months and 19 days of constructive credit for entry grade (i.e., 2LT/O-1) credit upon entry on active duty (EAD) on 29 December 2010 with a DOR of
10 June 2010.

7.  USA HRC, Fort Knox, KY, Orders A-02-202982, dated 16 February 2012, ordered the applicant to active duty on 1 March 2012, in a voluntary indefinite status with a minimum service obligation of 60 months, in the rank of 2LT with a Reserve DOR of 1 March 2012.  The additional instructions show, in part:

	a.  "Selected and is being accessed onto active duty with the AOC [area of concentration] 66H"; and

	b.  "Effective on the date of EAD you are appointed in the Reserve grade of 2LT and placed on the ADL [active duty list] in the grade of 2LT in accordance with Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  DOR to be adjusted based on current grade held.  (DOR TBD [to be determined] after EAD IAW [in accordance with] Army Regulation 624-100 Officer Promotions) [obsolete].)"

8.  A DA Form 71 shows the applicant was appointed as a RA commissioned officer, in the grade of O-1, effective 1 March 2012.

9.  USA HRC, Fort Knox, KY, Orders B-03-201761, dated 8 March 2012, promoted the applicant in the USAR to 1LT effective and with a DOR of
9 December 2011.

10.  USA HRC, Fort Knox, KY, Orders Number 090-007, dated 30 March 2012, announced that the applicant's 2LT ADOR was 29 December 2010.

11.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Army Medical Department, BOLC, on 30 May 2012.

12.  USA HRC, Fort Knox, KY, Order Number 331-142, dated 26 November 2012, promoted the applicant to 1LT, effective and with an ADOR of
28 December 2012.

13.  In support of her request the applicant provides email messages ranging in dates from 2 March through 11 May 2012 that show the applicant sought assistance in correcting her appointment documents, active duty orders, and promotion orders to show her SSI as 66H8A, 2LT DOR as 10 June 2010, 1LT ADOR as 9 December 2011, and that she took the RA oath of office in the rank of 1LT.

14.  In connection with the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, Health Services Directorate (HSD), U.S. Army Recruiting Command (USAREC), Fort Knox, KY.  On 3 December 2012, the advisory official recommended favorable consideration for adjustment of the applicant's 1LT ADOR based on entry grade constructive credit.

	a.  The advisory official states that the applicant was board selected (in SSI 66H8A) with the incentive of Certified Registered Nurse Anesthetist, Long Term Health Education and Training.  She was assessed into the active component on 1 March 2012 to attend BOLC with constructive credit as a 2LT based on her status as a "Current Grade Held Officer in her Reserve Unit."

   b.  The advisory official notes that HSD USAREC calculates the rank based upon information that is verified by the DA Form 71.

    	(1)  The USA HRC orders that promoted the applicant to 1LT, effective and with a DOR of 9 December 2011, were published 7 days after she was accessed into the active component.

    	(2)  HSD, USAREC had no knowledge of the applicant's promotion at the time she entered active duty.

   c.  Thus, the advisory official recommends adjustment of the applicant's 1LT ADOR to 9 September 2011 based on USA HRC, Orders B-03-201761, dated
8 March 2012.

15.  On 5 December 2012, the applicant was provided a copy of the HSD, USAREC advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

16.  Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing the promotion of commissioned officers on the ADL.


   a.  Chapter 1 (Introduction), section VI (Precedence and DOR), paragraph
1-40 (Determining ADOR for commissioned officers), provides that the ADOR of an officer receiving an original appointment as an RA commissioned officer, other than as stated in chapter 2, is the date the appointment is accepted, unless the officer was, at the time of appointment, a Reserve officer on the ADL, in which case the ADOR is the same as that which the officer held immediately before his or her appointment as an RA officer.

   b.  Chapter 2 (Determining ADOR), paragraph 2-1, provides, in pertinent part, that upon appointment of an other than RA (OTRA) 2LT, who is credited with entry grade credit upon his or her appointment as an OTRA 2LT, the DOR is the date the appointment is accepted, backdated by the period of entry grade credit so awarded.  For those OTRA 2LTs not receiving a higher grade upon placement on the ADL, their ADOR will be the date of placement on the ADL backdated by the period of entry grade credit awarded at the time of their most recent original appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her records should be corrected to show she was appointed in SSI 66H8A in the rank of 2LT with a DOR of 10 June 2010; that she entered active duty in the rank of 1LT with an ADOR of 9 December 2011; and that she was administered the RA oath of office in the rank of 1LT was carefully considered.

2.  Records show the applicant was appointed as a Reserve commissioned officer in the AN Corps with SSI 66H8A in the rank of 2LT effective 29 December 2010.  She was granted 6 months and 19 days of constructive credit and her 2LT DOR was adjusted to 10 June 2010.

   a.  A calculation of the applicant's 2LT DOR shows the following:

	2010  12  29  effective date of USAR appointment (2LT/O-1)
         - 0000  06  19  constructive credit granted (for 2LT DOR adjustment)
        = 2010  06  10  adjusted 2LT DOR (i.e., 10 June 2010)

   b.  The memorandum that appointed the applicant as a USAR commissioned officer confirms all of the above information.  The applicant's DA Form 5074-1-R and active duty orders also properly reflect her SSI (i.e., 66HA8) and AOC
(i.e., 66H).

   c.  The DA Form 5074-1-R, dated 7 March 2011, was completed prior to the applicant's promotion to 1LT in the USAR and also prior to her EAD.  Thus, there is no basis for correcting any other data elements recorded on the document.

   d.  Thus, there is no basis for correcting these documents in this instance.

3.  Orders promoted the applicant in the USAR to 1LT effective and with a DOR of 9 December 2011.  The promotion orders were published on 8 March 2012, which was 7 days after the applicant entered active duty (i.e., on 1 March 2012). As a result, the applicant was accessed on the ADL in the incorrect rank.  Thus, her active duty orders, dated 16 February 2012; RA Oath of Office, dated
1 March 2012; and promotion status determination orders, dated 30 March 2012, all are in error.  In addition, the orders that subsequently promoted the applicant to 1LT with an ADOR of 28 December 2012 are also incorrect.

4.  Therefore, it would be appropriate to correct the applicant's records, as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

   a.  issuing an appropriate document to show the applicant executed her RA Oath of Office in the rank/grade of 1LT/O-2, effective 1 March 2012;

   b.  correcting USA HRC, Fort Knox, KY, Orders A-02-202982, dated
16 February 2012, to show the applicant was ordered to active duty on 1 March 2012, in the rank of 1LT with a Reserve DOR of 9 December 2011 and placed on the ADL in the grade of 1LT;


   c.  revoking USA HRC, Fort Knox, KY, Order Number 090-007, dated
30 March 2012, and USA HRC, Fort Knox, KY, Order Number 331-142, dated
26 November 2012; and

   d.  issuing orders announcing the determination affecting the applicant's promotion status to 1LT with an ADOR of 9 December 2011.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination to remit all back pay
(i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the 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)                                         AR20120016875



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ABCMR Record of Proceedings (cont)                                         AR20120016875



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