IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130008918 


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 mandatory removal date (MRD) be adjusted to 
3 September 2015.

2.  The applicant states:

* she wants her MRD adjusted because she came into the Army on 
      3 September 1985 instead of 1984
* initially the Army recruiter asked her to sign the Oath of Office in 1984
* unfortunately she had to retake an examination
* she was told by the recruiter that she could not come into the Army until she passed the examination
* she passed the examination in 1985 and she was given the Oath of Office in September 1985 and she was sent to basic training
* while reviewing her documents for deployment, she noticed she had two Oaths of Office
* she wants her 1984 Oath of Office removed and her MRD changed
* she has served the Army with integrity and honor for 27 years

3.  The applicant provides:

* Appointment letter, dated 6 April 1984
* Oaths of Office, dated 1984 and 1985
* Salem State college transcript and diploma
* DA Form 160 (Application for Active Duty)
* DA Form 61 (Application for Appointment)
CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 10 September 1958.  

2.  Her Certificate of Acknowledgement and Understanding of Service Requirements, dated 11 October 1983, states "Appointment under this program requires that I agree to participate satisfactorily in the Army Reserve during the entire period that I am a commissioned of warrant officer in accordance with the rules and regulations now in effect, or which may hereafter be placed into effect by proper authority."  

3.  An Oath of Office shows she was appointed as a second lieutenant in the U.S. Army Reserve (USAR), Army Nurse Corps (ANC) on 8 May 1984.  Records show she failed her state licensure board in July 1984.  She retook the test in February 1985 and passed.  

4.  An Oath of Office shows she was appointed as a second lieutenant in the USAR, ANC, on 3 September 1985.  She was promoted to colonel on 7 February 2008.   

5.  Records show on 16 March 2010 her MRD was corrected to 1 June 2014 based on 30 years of commissioned service. 

6.  Her chronological statement of retirement points, dated 15 November 2012, shows she began earning retirement points on 3 September 1985.
 
7.  There is no evidence which shows she was discharged from the USAR or that she had a break in service.

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Management Division, U.S. Army Reserve Command, Fort Bragg, NC.  The advisory official recommended disapproval for the following reasons:

	a.  she initially accepted an accelerated appointment in the USAR with concurrent call to active duty in May 1984.

	b.  her failure to successfully pass her state licensure board resulted in her failure to meet the appointment requirement.

	c.  upon passing her state licensure examination and meeting all appointment requirements, she accepted a subsequent appointment on 3 September 1985.

	d.  paragraph 1-5g of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) states ANC applicants for appointment with concurrent call to active duty, upon recommendation of the The Surgeon General, may be tendered a USAR appointment before all appointment requirements are completed.  Individual will sign a statement of understanding.  If the applicant does not satisfactorily complete all appointment prerequisites, the officer will be released from active duty and discharged.

	e.  the applicant never entered the call to active duty as a result of not passing her state licensure board examination.

	f.  there is no evidence of a discharge order in her record.  Therefore, acceptance of the 3 September 1985 appointment is consecutive to the May 1984 appointment, but does not revoke the earlier appointment.  As there is no break in service, computation of commissioned service must be computed from her initial appointment date of 8 May 1984.  This information was telephonically verified with Army G-1, Office of Director of Military Personnel Management.

9.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  She did not respond.  

10.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) states exceptions for removal of Army Medical Department Officer branch officers include for length of service and maximum age.

11.  Title 10, U. S. Code, section 14706 (Computation of total years of service) states a Reserve officer’s years of service include all service of the officer as a commissioned officer of a uniformed service other than the following:  (1) service as a warrant officer; (2) constructive service; or (3) service after appointment as a commissioned officer of a Reserve Component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.  An officer shall be considered to be in a professional specialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or Judge Advocate.



12.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) states, in pertinent part, that the retirement year, once established, will not change as long as the Soldier has continuous service in an active status in a Reserve and or a Regular component.  It will change when there is a break in active status.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her MRD be adjusted from 1 June 2014 to 
3 September 2015.    

2.  Evidence shows she was appointed in the USAR with concurrent call to active duty on 8 May 1984.  However, her failure to pass the state licensure board resulted in her failure to meet the appointment requirement.  Upon passing the examination, she was appointed on 3 September 1985.    

3.  Notwithstanding the recommendation from the advisory official, it appears her 8 May 1984 appointment should have been nullified since she didn't participate in the USAR at all until her 1985 appointment.  

4.  Since her MRD was corrected to 1 June 2014 based on 30 years of commissioned service determined by her 1984 appointment, it would be appropriate to correct her MRD to show 3 September 2015 based on 30 years of commissioned service from her 1985 appointment.  

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 adjusting her MRD to 3 September 2015.

  



      _______ _   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)                                         AR20130008918





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ABCMR Record of Proceedings (cont)                                         AR20130008918



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