BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130020730
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, in effect, correction of his military records to show his date of rank (DOR) for 1st lieutenant (1LT) as 28 May 2009.
2. The applicant states his military records are in error and unjust because his DOR for 1LT is recorded wrong. He contends that he was originally commissioned into the U. S. Army Reserve (USAR) on 5 February 2010 as a 1LT. A DA Form 5074 (Record of Award of Entry Grade Credit (Health Services Officers)) shows he was granted constructive credit showing his DOR as 28 May 2009. He was subsequently commissioned into the Regular Army on 3 June 2011. A second DA Form 5074 was completed in conjunction with his entry onto Active Duty; however, it was miscalculated.
3. The applicant provides copies of:
* DA Form 5074, dated 8 March 2010
* DA Form 5074, dated1 March 2011
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. In the processing of this case, an advisory opinion was obtained from the Army Nurse Corps Program Manager, Fort Knox, KY, wherein, she opined that the applicant's 1LT DOR was properly calculated 28 May 2009. This was based on the constructive credit shown on DA Form 5074 that was processed in conjunction with his commissioning into the USAR on 5 February 2010 as a 1LT. A second DA Form 5074 was processed in conjunction with the applicant's commissioning into the Regular Army on 3 June 2011. However, this form does not make any changes to his DOR.
3. A review of the Interactive Total Army Personnel Data Base (ITAPDB) shows that the applicant's DOR for 1LT is recorded as 5 February 2010.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his military records contain an incorrect DOR for 1LT.
2. The available evidence of record shows that the applicant was given constructive service credit resulting in his receiving a 1LT DOR of 28 May 2009. However, the ITAPDB currently shows he has a DOR for 1LT of 5 February 2010, which is the day he was initially commissioned in the USAR.
3. The advisory opinion shows that the applicant's DOR should be 28 May 2009, and that it should not have changed when he came on active duty.
4. In view of the above, the applicant's records should be corrected to show his 1LT DOR as 28 May 2009. Furthermore, his military records should be reviewed to determine if this DOR error has caused him to be missed for any promotion opportunities; and, if he has, appropriate action should be taken.
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:
a. correcting his military records to show his 1LT date of rank as 28 May 2009;
b. reviewing his records to determine if he has been overlooked for promotion possibilities due to an error in his 1LT date of rank; and
c. if he should have, but was not considered for promotion, then taking the appropriate corrective action.
_______ _ 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) AR20130020730
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