IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005394
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 reconsideration of her request to change her date of rank (DOR) for promotion to the rank of captain (CPT) to 7 August 2006.
2. The applicant states, in effect, that during the review of her original case the Board opined that her DOR for CPT had remained the same; however; it changed from 7 August 2006 to 26 May 2008. She also states the U.S. Army Human Resources Command (HRC) needs clarification of her DOR.
3. The applicant provides copies of her promotion orders, Officer Record Brief, and the previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120007267 on 25 October 2012.
2. The applicant was appointed as a second lieutenant in the U.S. Army Reserve, Medical Specialist (SP) Corps, Reserve Active Status List, on 18 April 2000 and was promoted to the rank of CPT on 7 August 2006.
3. On 26 May 2011, she was appointed as a CPT in the SP Corps of the Regular Army with a DOR of 7 August 2006. However, a grade determination was made on 19 July 2011 by officials at HRC which changed her DOR to 26 May 2008.
4. A staff advisory opinion was obtained from the HRC Officer Promotions Branch in the processing of this case. HRC stated that her grade determination was made in accordance with Army Regulation 600-8-29 (Officer Promotions), paragraph 1-43c, which limited her DOR adjustment to 3 years prior to her entry on active duty, thereby establishing her DOR as 26 May 2008. The advisory opinion was provided to the applicant for comment and no response has been received by the staff of the Board to date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DOR should have remained as 7 August 2006 has been noted and appears to lack merit.
2. It is acknowledged that the original Record of Proceedings erroneously stated her DOR to CPT remained the same.
3. The applicable regulation provides, in part, that the DOR of Reserve Component officers who enter active duty will be adjusted to no more than 3 years prior to entry on active duty.
4. The applicant's DOR was adjusted to 26 May 2008 for the maximum amount of time allowed under the regulatory guidance and there appears to be no basis to further adjust her DOR or approve her request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120007267, dated 25 October 2012.
_______ _ _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) AR20130005394
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130005394
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