BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130018430
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 captain (CPT) be adjusted from 6 February 2013 to 5 October 2009.
2. He states the CPT/O-3, 70B (Health Services Administration) slot was occupied by a first lieutenant (1LT) who was promoted to 1LT before him. During this time, he was awaiting the decision from the Army Board for Correction of Military Records (ABCMR) that was fully rendered on 7 August 2009. He believes he was unjustly blocked from occupying the CPT/O-3 70B slot during the period since his promotion to 1LT was after his deployment. He applauds his battalion commander's efforts to search for a promotable slot after his redeployment from Operation Iraqi Freedom/Operation New Dawn.
3. He provides:
* Special Orders Number 52 AR, dated 22 March 2010
* Special Orders Number 68 AR, dated 7 March 2013
* Promotion memorandum, dated 7 March 2013
* Seven DA Forms 67-9 (Officer Evaluation Report)
* 2012 CPT Army Medical Department (AMEDD) Selection Board Results by Competitive Category, released on 16 October 2012
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving in the Army National Guard in the rank of CPT/O-3E.
2. After having prior enlisted service in the Army National Guard, the applicant was appointed as a Reserve second lieutenant (2LT) on 21 August 2004 in the Army National Guard, Engineer Branch. He was granted Federal Recognition by Special Order Number 237 AR, dated 29 September 2004.
3. On 6 December 2007, he was appointed as a Reserve 2LT in the Army National Guard, Medical Service Corps.
4. On 6 August 2009, the ABCMR corrected his records by adjusting his Federal Recognition date as a 2LT in the Medical Service Corps to an effective date of 22 February 2006 with a DOR of 21 May 2005 and promoting him to the rank of 1LT effective 5 October 2007 with entitlement to all back pay and allowances.
5. On 6 March 2010, he was ordered to active duty in support of Operation Iraqi Freedom and he subsequently served in Kuwait/Iraq from 19 April 2010 to 19 February 2011. He was released from active duty on 30 March 2011.
6. He provided the following documents which indicate:
a. Special Orders Number 52 AR, dated 22 March 2010, promoted him to 1LT with an effective date of 5 October 2007.
b. 2012 CPT AMEDD Promotion Selection Board Results by Competitive Category, released 16 October 2012, listed his name under the Non-Active Guard Reserve and Army National Competitive Categories.
c. OER covering the period ending 20 February 2013 in which he was rated as a Medical Operations Officer in Headquarters and Headquarters Company, 130th Maneuver Enhancement Brigade, Charlotte, NC. This report shows his rank as 1LT with a DOR of 5 October 2007.
d. Promotion memorandum, dated 7 March 2013, promoted him to CPT with an effective date of 6 February 2013.
e. Special Orders Number 68 AR, dated 7 March 2013, granted him Federal Recognition for his promotion to CPT with an effective date of 6 February 2013.
7. His personnel records in the Interactive Personnel Electronic Records Management System (iPERMS) contain a DA Form 1059 which shows he completed the Health Services, Plans, Operations, Intelligence, Security, and Training Course (AOC 70B) on 1 February 2013.
8. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau. The advisory official recommended disapproval of the applicant's request and stated:
a. the applicant is a Medical Service Corps officer with an area of concentration (AOC) of 70B (Health Services Administration). This AOC falls under the AMEDD category.
b. according to Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers) "AMEDD officers are considered for promotions to fill vacancies within their respective branches and other branches within the AMEDD when permitted by regulation. Army Nurse Corps (AN) and Medical Service Corps (MS) officers may be considered for promotion to CPT to valid CPT or MAJ vacancies within their respective corps. These officers must be in the grade of 1LT and be otherwise eligible."
c. the applicant could not be promoted because there was not a valid vacancy for him to be promoted into.
d. the applicant is a 70 series Medical Service Corps officer which adds another layer of qualifications in order for him to be promoted. He was selected for promotion on the 2012 CPT AMEDD Promotion Selection Board that was released on 16 October 2012.
e. in accordance with Personnel Policy Operational Memorandum (PPOM) 11-064 (AMEDD Officer Personnel Management Guidance) "70 series Medical Service Corps officers may be assigned against any other 70 series position, but must become qualified to hold the AOC of the position prior to promotion to CPT or higher."
f. the applicant did not become eligible for promotion until he completed the 70H course on 1 February 2013. He was subsequently promoted five days after he graduated from this qualification course.
g. the applicant was promoted upon the earliest availability of a valid vacancy and successfully meeting all the requirements. According to the evidence presented, there is no valid reason for his DOR to be adjusted to 5 October 2009.
h. The State of North Carolina concurs with this recommendation.
9. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. Paragraph 2-14 states that AMEDD officers are considered for promotion to fill vacancies within their respective branches and other branches within the AMEDD when permitted by regulation. Army Nurse Corps (AN) and Medical Service Corps (MS) officers may be considered for promotion to CPT to valid CPT or MAJ vacancies within their respective corps. This is without regard to AOCs. These officers must be in the grade of 1LT and be otherwise eligible.
10. PPOM 11-064 (AMEDD Officer Personnel Management Guidance), dated
9 November 2010, provides guidance to the State Military Personnel Office's (MILPOs) regarding the management of AMEDD officer personnel. Paragraph 10 (Assignments) states AMEDD officers will only be assigned to positions for which they are qualified by their AOC with the exception, "70 series MS officers may be assigned against any other 70 Series position, but must become qualified to hold the AOC of the position prior to promotion to CPT or higher."
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a Reserve 2LT on 21 August 2004 in the Army National Guard, Engineer Branch.
2. He was re-appointed as a Reserve 2LT in the Medical Service Corps on 6 December 2007.
3. He was considered and selected for promotion to CPT by the 2012 CPT AMEDD Promotion Selection Board that was released on 16 October 2012.
4. His service record is void of evidence and he has not provided any evidence which shows he was unjustly blocked from occupying the CPT/O-3 70B slot.
5. His service record shows he completed the Health Services Plans, Operators, intelligence, Security, and Training Course on 1 February 2013.
6. Special Orders Number 68 AR, dated 7 March 2013, promoted him to CPT with an effective date on 6 February 2013.
7. In order for the applicant to have been promoted to CPT prior to 6 February 2013, he must have met all of the requirements for a Medical Service Corps officer in AOC 70B. First, he had to be assigned to a valid CPT 70B position and secondly, he had to be qualified to hold the AOC (i.e., 70B) of the position.
8. Since there was not a valid vacancy for him to be promoted into and he was not fully qualified in AOC 70B until 1 February 2013, he was not eligible to be promoted prior to 6 February 2013.
9. Based on the foregoing, he was promoted upon the earliest availability of a valid vacancy and successfully meeting all the requirements. Therefore, there is no basis for adjusting his DOR to CPT from 6 February 2013 to 5 October 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) AR20130018430
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ABCMR Record of Proceedings (cont) AR20130018430
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