IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130008591 


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 restoration of his rank/grade to captain (CPT) and his date of rank (DOR) to 1 September 2010.

2.  The applicant states that on 2 August 2007 he was commissioned as a Regular Army (RA) Signal Corps (SC) officer in the rank of second lieutenant (2LT) as a year group 2007 officer.  His DOR to first lieutenant (1LT) was 
2 February 2009 and his original DOR to CPT was 1 September 2010.  Additionally, his last duty assignment as an SC officer ended in October 2012.

	a.  He decided to attend the Army Medical Department (AMEDD) Interservice Physician Assistant Program (IPAP) and his rank was recomputed in accordance with (IAW) Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) and he was listed as a year group 2010 officer.  However, he later withdrew from IPAP for non-academic reasons. 

	b.  Since his withdrawal from the IPAP he has been re-scrolled back into the Army competitive category (ACC) as an SC officer.  He currently holds the rank of 1LT with a DOR of 29 September 2011.  He feels his rank/DOR should be recomputed back to its original standing of CPT with the DOR of 
1 September 2010.

	c.  At the time he left his last duty assignment as an SC officer in October 2012 he was "KD complete" (branch qualified), had spent 24 months 

serving as a battalion S6 in a non-signal unit, and only needed to attend the Signal Captains Career Course (SCCC) to be fully branch qualified.  He believes he is fully qualified to resume his previous rank/time-in-grade (TIG).  The SC Branch will send him to SCCC immediately upon recalculation of his rank to CPT for follow-on senior CPT assignments.  He further believes it is in the best interest of the Army and his own personal and professional growth to be placed back into his previous rank and year group.

3.  The applicant provides:

* DA Form 71 (Oath of Office - Military Personnel), dated 2 August 2007
* Order Number 021-079, dated 21 January 2009
* Order Number 202-069, dated 21 July 2010
* Time in Service Worksheet, dated 12 September 2012
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Service Officers)), dated 21 September 2012
* DA Form 71, dated 25 November 2012
* Memorandum for Record, dated 29 April 2013
* DA Form 71, dated 29 April 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 21 May 2003 and was honorably discharged on 1 August 2007 to accept a commission in the U.S. Army.

2.  He provided a DA Form 71, dated 2 August 2007, showing he was appointed as an RA SC officer in the rank/grade of 2LT on 2 August 2007.

3.  He attended and successfully completed the Signal Basic Officer Leader Course from 29 October 2007 to 12 February 2008.  He was promoted to 1LT on 2 February 2009 and to CPT on 1 September 2010.  

4.  His record contains a DA Form 5074-1-R, dated 21 September 2012, which shows he was awarded 2 years, 7 months, and 26 days of constructive service credit based on his prior commissioned active service from 2 August 2007 to 
24 November 2012.  Furthermore, 1 year and 6 months were required for appointment as a 1LT with the excess credit to be applied toward his DOR. 

5.  On 25 November 2012, he executed an Oath of Office as an RA 1LT in the Army Medical Specialist (SP) Corps.  


6.  Orders Number 031-006, dated 31 January 2013, issued by the U.S. Army Human Resources Command (HRC), adjusted his DOR to 1LT to 29 September 2011.

7.  His record contains a DA Form 1059 (Service School Academic Evaluation), dated 19 March 2013, wherein it shows he attended the IPAP from 10 December 2012 to 14 March 2013, given at the AMEDD Center and School, Fort Sam Houston, TX.  This form stated the applicant was released from the course due to his letter of resignation.

8.  In the processing of this case an advisory opinion, dated 8 June 2013, was obtained from the Chief, Officer Promotions Management, HRC.  The advisory official recommended disapproval of the applicant's request and opined:

	a.  The applicant's rank determination and DOR were the result of his re-appointment to the SP Corps.  His rank and DOR for 1LT were based on the Record of Award of Entry Grade Credit/Constructive Service Credit of 
2 years, 7 months, and 26 days.  The applicant's rank and DOR to 1LT were computed IAW DODI 6000.13, chapter 7 (Procedures), paragraph 6.1.1.2 and memorandum for Commander, U.S. Army Recruiting Command, dated 10 June 2011, entitled "FY12 Promotion Phase-In-Points for Entry Grade."

	b.  The applicant's rank and DOR were the result of his re-appointment into the Health Services Department.  The applicant was fully aware of this voluntary action as evidenced by his statement of understanding signed on 
25 November 2012.

	c.  When the applicant volunteered to leave the ACC, SC branch, and enter the IPAP, he was subsequently re-appointed as a 1LT.  This action required the applicant be re-scrolled and subsequently administered a new oath of office.  The administration of a new oath of office as an SP Corps officer voided his previous oaths of office as an SC officer.  Therefore, the applicant's rank of 1LT and DOR of 29 September 2011 are correct.

9.  The applicant did not respond to the advisory opinion.

10.  Title 10, U.S. Code (USC), section 533(a)(1) states a person receiving an original appointment shall be credited with any prior active commissioned service performed before such appointment; and DODI 1312.03, paragraph 6.1. indicates a person's entry grade credit for determining grade and DOR shall be the sum of prior commissioned  service allowed and the amount of constructive service allowed.  In cases of an original appointment to a basic branch in the Army an individual may receive prior active commissioned service credit, but may not receive constructive service credit because an advanced degree or specialized experience is not required for the appointment.

11.  Title 10, USC, section 101b, states in sub-paragraph b(10) the following definitions relating to military personnel apply in this Title: the term "original," with respect to the appointment of a member of the armed forces in a regular or Reserve Component, refers to that member’s most recent appointment in that component that is neither a promotion nor a demotion. 

12.  Army Regulation 600-8-29 (Officer Promotions) prescribes the officer promotion function of the military personnel system. 

	a.  Paragraph 1-39 (Precedence or relative rank of commissioned officers) states precedence or relative rank of commissioned officers, whether or not on active duty, is based first on grade.  Except as provided in subparagraph c, precedence or relative rank among commissioned officers on the ADL is based on the following criteria, in the order given: (1) Current grade in which serving on the ADL; (2) Current ADOR; (3) ADOR of commissioned grade in which previously served on active duty (other than for training); (4) Previous active duty grade or relative seniority, if applicable.  This rule maintains the relative precedence and seniority as it existed in a prior service grade; (5) Total active Federal commissioned service (AFCS); (6) Date of appointment as a commissioned officer; (7) Date of birth (age takes precedence); and (8) Alphabetical order.

	b.  Paragraph 1-40 (Determining active date of rank for commissioned officers) states in sub-paragraph 1-40b, 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:

		(1)  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.

		(2)  The officer was, at the time of appointment, a Reserve officer not on the ADL, in which case the ADOR will be the one the officer would have had immediately before the appointment as an RA officer had the officer been placed on the ADL as a Reserve officer on that date.

		(3)  The appointee was not, at the time of appointment, a Reserve officer, but was awarded entry grade credit under Title 10, USC, section 533, in which case the ADOR will be backdated to the extent that the entry grade credit awarded exceeds that required for the officer’s appointment grade under applicable Army regulations and circulars.

		(4)  The officer was, at the time of appointment, a Regular officer in another service, and the officer is the subject of an interservice transfer, in which case the ADOR will be the same as the officer’s ADOR in the other service (officers who received constructive service credit see paragraph 1–25).

		(5)  The officer is, at the time of appointment, an RA officer and the new original appointment will effect a change in the officer’s status from a special branch to a basic branch, from a basic branch to a special branch, or between special branches.  In these cases the ADOR will be recomputed in accordance with paragraph 1–38 [sic] (1-39) above, except that in no event will the officer’s ADOR in the new original appointment be later than the ADOR held in the next precedent appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in the SC on 2 August 2007.  He was promoted to CPT on 1 September 2010.  Though not present in his military record, the advisory official indicated, on 25 November 2012, he voluntarily signed a statement of understanding for the IPAP and concurred with the requirements of this program.  In doing so, he agreed to negate his original appointment.  

2.  Also in doing so, he was appointed in the SP Corps as a 1LT.  His new DOR to 1LT was established/adjusted based on the constructive service credit he was awarded or authorized.  HRC adjusted his DOR to 29 September 2011.

3.  The applicant then voluntarily chose to withdraw from the IPAP and return to the SC branch.  When this was done, he was given a DOR of 29 September 2011 as a 1LT based on the most recent appointment in the IPAP.

4.  However, notwithstanding the advisory opinion, by regulation the ADOR of an officer receiving an original appointment as an RA commissioned officer is the date the appointment is accepted, unless the officer is, at the time of appointment, an RA officer and the new original appointment will effect a change in the officer’s status from a special branch to a basic branch; from a basic branch to a special branch; or between special branches.  

5.  In these cases the ADOR will be recomputed in accordance with the precedence or relative rank among commissioned officers on the ADL, which is based on various criteria, in the order given - in the applicant's case, the ADOR of the commissioned grade in which he previously served on active duty (other than for training).  Since the rank and ADOR in which he previously served was as a CPT with the DOR of 1 September 2010, when he returned to the basic branch (Signal) he should have received that rank and DOR. 

6.  In view of the foregoing, he is entitled to the requested relief.

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 correcting his records to show his rank as captain with a DOR as 1 September 2010. 




      _______ _   _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)                                         AR20130008591





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ABCMR Record of Proceedings (cont)                                         AR20130008591



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