IN THE CASE OF:	  

		BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130017316 


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 his date of rank (DOR) to major (MAJ) be adjusted to 1 January 2009.  

2.  He states:

	a.  he had a break in service of 3 years from 17 June 2007 to 1 June 2010.

	b.  he made the rank of MAJ on 1 June 2007 then he resigned his commission on 17 June 2007.

	c.  when he was given the honor of holding a commission as a MAJ the second time, he was told that he would receive 18 months of constructive credit towards his new commission.

	d.  when he received his commission on 1 June 2010, the orders read "DOR to be adjusted."  However, no action has been made to adjust his DOR to 1 January 2009.

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 71 (Oath of Office)
* appointment memorandum
* promotion order
* four DA Forms 67-9 (Officer Evaluation Report)
CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving in a U.S. Army Reserve (Troop Program Unit) in the rank of MAJ/O-4.

2.  The applicant was appointed as a Reserve second lieutenant (2LT) on 10 May 1997 as a nurse anesthetist.  He was ordered to active duty on 19 June 1997.  

3.  He was promoted to the rank of captain/O-3 with an effective date and DOR of 1 January 2001.

4.  He provided Order Number 136-041, dated 16 May 2007, published by the Department of the Army, U.S. Army Human Resources Command, Alexandria, VA, which shows he was promoted to the rank of MAJ with an effective date and DOR of 1 June 2007.

5.  On an unknown date, he tendered his unqualified resignation from the U.S. Army under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5 by reason of miscellaneous/general reasons. 

6.  He was subsequently discharged from active duty on 17 June 2007.  His DD Form 214 for this period shows he was discharged in the rank of CPT/O-3 with an effective date of pay grade as 1 January 2001.  At the time of his discharge, he had completed 9 years, 11 months, and 29 days of active service.  On 
1 August 2007, he was issued a DD Form 215 (Correction to DD Form 214), which amended his DD Form 214 to show his rank and pay grade as MAJ, O-4 and effective date of pay grade as 1 June 2007.

7.  His military records in the Interactive Personnel Electronic Records Management System (iPERMS) include a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 1 June 2010, which indicates:

* he was awarded a Bachelor of Science in Nursing on 10 May 1997
* he attended the University of Texas, Health Science Center for a Master of Science Degree in Nursing from 5 June 2000 to 13 December 2002
* he was licensed as a Registered Nurse in Kentucky from 1 August 2007 to 13 May 2010
* he completed prior active commissioned service in the U.S. Army from 19 May 1997 to 17 June 2007
* he would be appointed in the highest grade held of MAJ/O-4

8.  On 1 June 2010, he was re-appointed as a Reserve commissioned officer in the Army Nurse Corps in the rank of MAJ.  

9.  His appointment memorandum, dated 1 June 2010, states "INDIVIDUAL WILL BE APPOINTED IN HIGHEST GRADE HELD.  PEBD (pay entry basic date) AND DOR TO BE ADJUSTED."  This memorandum also indicates his date of acceptance, effective date, and DOR as "1 June 2010."

10.  He was ordered to active duty on 30 April 2012 in support of Operation Enduring Freedom and was released from active duty on 14 August 2012.  His DD Form 214 for this period shows his rank and pay grade as MAJ/O-4 with an effective date of pay grade as 16 May 2010.  

11.  On 11 March 2014, an advisory opinion was obtained from the Chief, Officer Promotions Management, U.S. Army Human Resources Command, Fort Knox, KY.  The advisory official opined:

	a.  the applicant was re-appointed as a Reserve commissioned officer of the Army on 1 June 2010 in the highest grade held.  However, his DOR to MAJ was initially established as 1 June 2010 with "PEBD and DOR to be adjusted" in the appointment orders, AHRC-OPD-RA, dated 1 June 2010.

	b.  the applicant was previously considered and subsequently promoted to the rank of MAJ by the results of the Fiscal Year 2007, Active Component, MAJ, Army Medical Department (AMEDD), Promotion Selection Board and Promotion Orders, 136-041, U.S. Army Human Resources Command, dated 16 May 2007.

	c.  the applicant was subsequently discharged on 17 June 2007 and had almost a 3-year break in service (2 years, 11 months, and 15 days) as established by his DD Form 214, prior to the 1 June 2010 re-appointment.

	d.  the applicant's DOR has been adjusted to 15 May 2010.  Without either an amended appointment order or a DA Form 5074-1-R, by the respective Accession or Health Services Proponent to include the alleged "18-Month Constructive Credit," this office can provide no further relief.

12.  On 10 April 2014, a copy of the advisory opinion was forwarded to the applicant to allow him the opportunity to provide comments or a rebuttal.  As of 5 May 2014, no response had been received from the applicant.  



13.  Title 10, U.S. Code, section 12206 states that under regulations prescribed by the Secretary of Defense, a person who is a former commissioned officer may, if otherwise qualified, be appointed as a reserve officer of the Army, Navy, Air Force, or Marine Corps.  A person so appointed:

	a.  may be placed on the Reserve active-status list of that armed force in the grade equivalent to the permanent regular or Reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status; and

	b.  may be credited for the purpose of determining the DOR under section 741(d) of this title with service in grade equal to that held by that person when discharged or separated.

14.  Title 10, U.S. Code, section 741(d) states the DOR of an officer of the Army, Navy, Air Force, or Marine Corps who holds a grade as the result of an original appointment shall be determined by the Secretary of the military department concerned at the time of such appointment.  The DOR of an officer of the Army, Navy, Air Force, or Marine Corps who holds a grade as the result of an original appointment and who at the time of such appointment was awarded service credit for prior commissioned service or constructive credit for advanced education or training, or special experience shall be determined so as to reflect such prior commissioned service or constructive service.  Determinations by the Secretary concerned under this paragraph shall be made under regulations prescribed by the Secretary of Defense which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially appointed as a Reserve commissioned officer on 10 May 1997 and was ordered to active duty on 19 June 1997.  

2.  He was promoted to MAJ with an effective date and DOR of 1 June 2007.  He subsequently submitted an unqualified resignation and was discharged from active duty on 17 June 2007.  Therefore, he only served in the grade of MAJ for a period of 17 days.

3.  He was re-appointed on 1 June 2010 in the U.S. Army Reserve.  At that time, he was re-appointed in the highest grade held of MAJ.  

4.  Based on the advisory opinion from the U.S. Army Human Resources Command, his DOR to MAJ was adjusted from 1 June 2010 to 15 May 2010.  Presumably, this DOR was determined by giving him constructive credit for 
17 days that he served in the grade of MAJ prior to his 17 June 2007 discharge.

5.  He contends he was told he would receive 18 months of constructive credit towards his new commission.  However, his service record is void of evidence and he has not provided any evidence which shows he was granted any additional constructive service credit towards his new commission.  

6.  There is no error or injustice that exists in this case regarding the applicant’s current DOR to MAJ of 16 May 2010.  Therefore, there is no basis for adjusting his DOR to 1 January 2009.  

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)                                         AR20130017316





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017316



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1