IN THE CASE OF:	   

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130011506 


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 his records to show he was accessed into the Army in the rank/grade of captain (CPT)/O-3E with a date of rank (DOR) of 1 June 2010.

2.  The applicant states, in effect:

* he enlisted in the U.S. Navy in 1997
* he was commissioned as an officer in the U.S. Navy in 2006
* he was promoted to the Naval rank/grade of lieutenant (LT)/O-3E in 2010 and served in the rank for over a year
* he transferred from the U.S. Navy to the U.S. Army under the provisions of the Interservice Physician Assistant Program (IPAP)
* per regulation for Army Medical Department (AMEDD) accessions, he was subject to a constructive credit grade determination
* after conditional appointment in the AMEDD IPAP Medical Specialist (SP) Corps, he was appointed in the rank/grade of first lieutenant (1LT/O-2E)
* he voluntarily resigned from the IPAP citing personal reasons and was released for non-academic cause
* he was subsequently transferred to the Finance Corps through the Voluntary Transfer Incentive Program (VTIP)
* in view of the fact that he is serving as a Finance officer, he respectfully requests adjustment of his rank/grade to CPT/O-3E
* he attempted to resolve this matter through the chain of command and the U.S. Army Human Resources Command (HRC)

3.  The applicant provides:

* U.S. Navy Officer Appointment Acceptance and Oath of Office
* orders to active duty
* determination of grade of rank orders
* DA Form 1059 (Service School Academic Evaluation Report)
* VTIP contract

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that following a period of enlisted service in the U.S. Navy and completion of the academic requirements of the Naval Reserve Officers' Training Corps, he was appointed as an ensign (ENS)/O-1E with a DOR and effective date of 19 May 2006.  He was promoted to LT/O-3E on 1 June 2010.

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty and control of the U.S. Navy on 19 June 2011 as the result of an interdepartmental transfer to the Army.  This form shows that at the time of his transfer, he held the Naval rank/grade of LT/O-3E with a DOR of 1 June 2010.

3.  HRC Orders A-02-103025, dated 11 February 2011, ordered him to active duty with a reporting date of 20 June 2011.  The additional instructions stated he was appointed (scrolled) in the Reserve rank/grade of 1LT/O-2 and placed on the Active Duty List (ADL) in the rank/grade of 1LT/O-2 effective on the date of entry on active duty in accordance with Army Regulation 135-101 (Army National Guard and Army Reserve – Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) and his DOR would be adjusted based upon constructive credit of 2 years, 6 months, and 0 days.

4.  HRC Orders Number 060-002, dated 29 February 2012, show his DOR for the rank/grade of 1LT/O-2 in the SP Corps was determined as 4 June 2010.

5.  The applicant's DA Form 1059, dated 22 August 2012, shows he was non-academically released from the IPAP Course due to his letter of resignation.

6.  The applicant's DA Form 1059, dated 21 May 2013, shows he completed the AMEDD Officer Basic Course from 15 March through 21 May 2013.



7.  His VTIP Contract – Branch Transfer shows his voluntary transfer from the SP Corps to the Finance Corps effective 16 April 2013 was approved on 16 May 2013 and he incurred a 3-year active duty service obligation as a result of this transfer.

8.  A review of the Total Officer Personnel Management Information System maintained by HRC shows the applicant's current rank/grade as 1LT/O-2 with a DOR and effective date of 4 June 2010.

9.  An advisory opinion was obtained from the HRC Officer Promotions Branch, dated 31 July 2012, in the processing of this case.  HRC recommended no change to the applicant's DOR based on the following:

	a.  In accordance with Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997, subject  Medical Manpower and Personnel, paragraph 6.1.1.2; Military Personnel (MILPER) Message 10-231, dated 8 September 2010, subject:  IPAP Army Selection Board Results, paragraph 7; and Army Regulation 614-100 (Officer Assignment Policies, Details, and Transfers), paragraph 3-2, dated 10 January 2006, the applicant's established pay grade is correct.

	b.  He voluntarily entered the Army SP Corps through the IPAP and concurred with the requirements set forth in MILPER Message 10-231.  As such, he agreed to negate the original appointment in the Active Competitive Category (ACC) in accordance with Army Regulation 614-100, paragraph 4-2, which states that acceptance in the new appointment would negate the original appointment.  After he voluntarily withdrew from the IPAP, he transferred to the Finance Corps; however, his pay grade remained the same as when originally appointed in the IPAP because the aforementioned ACC pay grade had been previously negated.

10.  The applicant was provided with a copy of this advisory opinion.  In his written response he stated that upon receipt of the advisory opinion, he contacted the advisory official and discussed his case further.  It was discovered that information that was missing would establish cause for a pay grade adjustment in his case based upon the fact that he transferred from the U.S. Navy to the U.S. Army with no break in service.

11.  It was also noted that a request was submitted for the applicant's record to be considered for promotion to CPT by a special selection board (SSB) under the Fiscal Year 2012 ACC Promotion Selection Board criteria.  An ABCMR analyst confirmed this information with HRC and was informed that the process could take as long as 6 months to complete and should be considered a completely separate matter.  In the event that the Army Board for Correction of Military Records (ABCMR) decides to grant the applicant's requested relief, his SSB consideration will become moot.  However, in the event the ABCMR denies relief, the SSB results will become a matter of record.

12.  DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  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.

13.  MILPER Message 10-231, dated 8 September 2010, subject:  IPAP Army Selection Board Results, announced the selections of the AMEDD IPAP Selection Board, ACC and Reserve Component, held at the U.S. Army Recruiting Command Headquarters from 14 to 17 June 2010.  HRC approved the list for release on 30 August 2010.  The applicant's name is listed as one of those selected to attend an IPAP class.  Officers who are permitted to attend IPAP agree that they will be conditionally re-appointed as a Regular Army SP Corps officer on the class reporting date in accordance with DODI 6000.13.  They will attend training in a student status in area of concentration 65D (Physician Assistant) and will wear the rank as determined by their constructive service credit recomputation in accordance with DODI 6000.13.  These officers will serve in an obligated status and will incur an active duty service obligation of 54 months beyond the date of graduation.  If they fail to successfully complete training for any reason, they may be removed from training, re-branched, or separated from active duty depending on the needs of the Army.

14.  Army Regulation 614-100 prescribes policies and procedures pertaining to the assignment, reassignment, details, and transfers of officers between commands, units, branches, specialties, and components of the Active Army, or between external military organizations.  Paragraph 4-2 states officers serving on the ADL transferring between any ACC branch and a special branch (Judge Adjutant General's Corps, Chaplain Corps, or AMEDD) or between the special branches must be reappointed on active duty.  Such reappointment is accomplished by the HRC Reserve Appointments Branch.  The submission of a resignation or request for release from active duty or the initiation of a separation action prior to the acceptance of a new appointment is not required by this regulation.  Acceptance of the new appointment will negate the original.  Such actions may be accomplished without a break in active duty service.  Both the ACC and special branch must approve all transfers.  Transfers to an AMEDD branch may require a constructive credit (grade) determination.  Should such determination be required, action will be processed by the U.S. Army Recruiting Command.

15.  Title 10, U.S. Code, section 101b(10), states 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.

16.  Title 10, U.S. Code, section 12203 provides that appointments of Reserve officers in the grade of lieutenant colonel and below shall be made by the President.  This authority has been delegated to the Secretary of Defense via executive order (E.O. 13384, Section 1, 27 July 2005).  

17.  Reference Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004.  In this Executive Order, the White House has delegated authority of the President to appoint officers in the USAR to Secretary of Defense with no further sub-delegation authorized.  On 1 July 2005, the directive was issued that all officers appointed into the USAR must be on a "scroll" approved and signed by the Secretary of Defense before an Oath of Office can be initiated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in the U.S. Navy on 19 May 2006.  He was promoted to LT/O-3E on 1 June 2010.  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 in the ACC.

2.  He was transferred from the U.S. Navy to the U.S. Army without a break in service the following day.  

3.  In doing so, he was appointed (scrolled) in the AMEDD SP Corps as a 1LT/O-2E.  His new DOR to 1LT was established/adjusted based on the constructive service credit he was awarded or authorized.  HRC adjusted his DOR to 4 June 2010.

4.  The applicant then voluntarily chose to withdraw from the IPAP due to personal reasons and transfer to the Finance Corps.  When this was done, he retained the rank/grade of 1LT/O-2E based on the most recent appointment.  His most recent appointment was in the IPAP.  That appointment assigned him a DOR of 4 June 2010.

5.  By regulation, the ADOR of an officer receiving an original appointment as a Regular commissioned officer is the date the appointment is accepted, unless the officer is, at the time of appointment, a Regular 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.

6.  With respect to the scrolling issue:

	a.  When the applicant voluntarily requested to be transferred from the Navy to the Army under the IPAP, he was holding the grade of O-3.

	b.  He was subsequently scrolled and confirmed for appointment in the USAR in the rank/grade of 1LT/O-2. 

	c.  Scroll confirmation is rank specific for officers transitioning from one branch of service to another.

	d.  The ABCMR may only correct Army records.  The Board has no authority to correct records created by the other Services or the Department of Defense.    Any correction by the ABCMR must comport with other laws.  The Board may not ignore a requirement contained in, or outcome dictated by, another statute.  Typically, the ABCMR achieves this by changing an operative fact in the record, thereby making a correction in compliance with that statute.  Where officer personnel issues are involved that require approval by the Secretary of Defense, the Board's hands are often tied.  Consequently, based on the authorities cited above, any correction to the applicant's rank/grade would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board.

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 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)                                         AR20130011506



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ABCMR Record of Proceedings (cont)                                         AR20130011506



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