BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130009705 


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 earlier request for correction of her date of rank (DOR) to award her day-for-day credit for the time she served as an officer in the Adjutant General Corps (AGC).  As a new issue, she requests her initial appointment date to the Medical Service Corps (MSC) be changed to 8 August 2009.

2.  The applicant states:

* she submitted an Army Medical Department (AMEDD) appointment packet prior to completion of Officer Candidate School (OCS)
* her packet was not submitted due to an administrative error
* she had to change to the AGC after being appointed in the MSC so she could get appointed with her peers
* she was assigned to the 213th Medical Company as a platoon leader and remained in that position the entire time following her initial appointment as an AGC officer through her reappointment into the AMEDD
* her initial MSC appointment should be 8 August 2009

3.  The applicant provides:

* email
* a memorandum from the Deputy Chief of Staff, Personnel, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 8 February 2012, with Exhibits A through S as listed

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 AR20110002660 on 13 September 2011.

2.  The applicant provides email and a memorandum from the Deputy Chief of Staff, Personnel, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, with Exhibits A through S.  These documents were not previously considered by the Board and as such warrant consideration at this time.

3.  Records show the applicant applied for Federal recognition as a second lieutenant (2LT), MSC, on 10 June 2009.

4.  Her National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board), dated 8 August 2009, shows:

* she graduated from OCS on 8 August 2009
* she was extended temporary Federal recognition as a Human Resources (HR) officer, in the rank of 2LT, effective date of 8 August 2009

5.  Orders Number 225-880, issued by Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 13 August 2009, show an 8 August 2009 effective date for her:

* appointment in the ARNG as a 2LT
* branch as MSC
* assignment to the 213th Medical Company as a platoon leader

6.  On 8 August 2009, the applicant executed an Oaths of Office as a Reserve commissioned officer in the rank/grade of 2LT/O-1.

7.  Orders Number 028-810, issued by Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 28 January 2010, revoked Orders Number 225-880. 

8.  Orders Number 028-820, issued by Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 28 January 2010, appointed her in the ARNG as a 2LT, AGC, and assigned her to the 87th Troop Command, Camp Robinson, North Little Rock, AR, as a Human Resource Officer, effective 8 August 2009.
9.  On 14 June 2010, the NGB published Special Orders Number 127 AR extending her Federal recognition for her initial appointment in the rank/grade of 2LT/O-1 as an AG officer, with an effective date of 8 August 2009.

10.  Her NGB Form 89, dated 14 August 2010, shows she was found qualified and selected by the MSC Board on 19 July 2010.  She was extended temporary Federal recognition as a 2LT, MSC, effective 19 July 2010.

11.  Orders Number 256-800, issued by Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 13 September 2010, appointed her in the ARNG as a 2LT, MSC, as a platoon leader with assignment to Detachment 1, 213th Medical Company, Dumas, AR, effective 19 July 2010.

12.  Orders Number 280-967, issued by Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 7 October 2010, amended Orders Number 256-800 by reappointing the applicant from AGC to MSC with an adjusted DOR of 1 February 2010.

13.  On 10 February 2011, NGB published Special Orders Number 28 AR extending her Federal recognition as an MSC officer with an effective date of 19 July 2010 (reappointment from 2LT/AGC) and an adjusted DOR as a 2LT with an effective date of 29 January 2010.

14.  Orders Number 161-812, issued by Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 10 June 2011, promoted her to the rank/grade of 1LT/O-2 effective 29 July 2011 with a DOR of 29 January 2010 and assigned her the duty position of platoon leader.

15.  On 29 June 2011, NGB published Special Orders Number 146 AR extending her Federal recognition and promotion to the rank/grade of 1LT/O-2 as an MSC officer, with an effective date of 29 July 2011.

16.  She provides a memorandum from the Deputy Chief of Staff, Personnel, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, dated 8 February 2012, which recommends approval of her request and states that through no fault of hers:

   a.  She was boarded without the approved results of a Medical Corps and All Corps Selection Board for the ARNG, resulting in the State revoking her appointment date.  
   
   b.  On 28 January 2010, she was submitted for Federal recognition to AGC with an effective date of 8 August 2009 while waiting on the Recruiting Command to complete her packet for MSC.
   
   c.  She actively served in the 213th Medical Company as a platoon leader, MSC officer during the time she was waiting to be appointed to MSC.
   
   d.  Once her packet was approved she was Federally recognized and appointed to MSC on 19 July 2010.

17.  In the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB), which recommends the denial of the applicant's request and states:

   a.  The ABCMR concluded she was commissioned on 8 August 2009 as an AGC officer and accepted her appointment, which she did not have to accept.  In July 2010 she was boarded and selected for a new appointment as an MSC officer effective 19 July 2010.  She was properly given half credit for the time she served as a commissioned officer in the AGC.

	b.  The Office of the Surgeon General, NGB, finds no new evidence in her current request.

18.  On 28 May 2013, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.

19.  On 17 June 2013, the applicant provided a timeline of events regarding her appointment and orders for her appointment and promotion.  She also provided a copy of ABCMR Docket Number AR20110021904 with enclosures (that belonged to another applicant).  (The applicant in that case gave her permission to provide these documents.)  She stated the case was identical to hers and both she and the former applicant were reassigned to the AGC until they received approval from the USAR Recruiting Command.

20.  With regard to ABCMR Docket Number AR20110021904, that applicant requested his DOR to 2LT be changed to 25 August 2009.  The Board determined his AMEDD packet was not submitted in a timely manner due to an administrative error or there was a typographical error on special orders which resulted in his branch showing AG versus MS.  His orders were amended to change his branch from AG to MS; his DOR and effective date were changed to 25 February 2011, and he was authorized back pay as a result of the corrections.

21.  Department of Defense Instruction 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.2, states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

22.  National Guard Regulation (NGR) 600-100 provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U. S. Constitution.  These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment.  Paragraph 2-2 states that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her case is similar to ABCMR Docket Number AR20110021904 and that in both cases the AMEDD packet was not submitted on time.  However, the cases differ in that the applicant in the comparison case was originally appointed as an MS officer while she was originally appointed as an AG officer.

2.  A review of the timeline in her case shows orders were issued, revoked, and amended as appropriate.  She was ultimately commissioned in the MSC and properly given half credit for the time she served as a commissioned officer in the AGC.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the requested relief.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110002660, dated 13 September 2011.

2.  In regard to the new issue, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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)                                         AR20130009705



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ABCMR Record of Proceedings (cont)                                         AR20130009705



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