IN THE CASE OF:	  

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130020942 


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 her military rank be corrected to 1st lieutenant (1LT)/O-2E (with prior enlisted service) and her active duty orders be amended with the correct rank.

2.  The applicant states, in effect, she was promoted to 1LT.

3.  The applicant provides:

* Request for Orders (RFO), dated 24 April 2013
* Amendment RFO, dated 6 November 2013
* Promotion Orders B-05-303321, dated 15 May 2013
* Active Duty Orders A-04-306155, dated 23 April 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 6 January 2003 and she held military occupational specialty 68K (Medical Laboratory Specialist).  She was honorably released from active duty on 5 January 2008 and she was transferred to the U.S. Army Reserve (USAR) Command.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 5 years of creditable active service. 

2.  On 10 February 2008, she enlisted in the USAR for 3 years and she also executed a 1-year extension in the USAR on 2 June 2011.  She attended San 

Diego State University and she was awarded a Bachelor of Science in Nursing degree on 25 May 2010.  She was honorably discharged from the USAR on 12 September 2011 to accept a commission.

3.  On 13 September 2011, she was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT) and she executed an oath of office.  Her appointment memorandum reflects 4 months and 4 days of constructive service credit and a date of rank of 11 May 2011.

4.  A DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)) was processed and shows she was awarded 4 months and
2 days of constructive service credit for professional experience from 4 January to 7 September 2011, which adjusted her DOR to 11 May 2011.

5.  On 14 August 2012, the U.S. Army Human Resources Command (HRC) published Orders T-08-237080 ordering her to active duty for training to attend the Army Medical Department (AMEDD) Basic Officer Leader Course (BOLC).  She attended and successfully completed BOLC at Fort Sam Houston, TX, from 28 September to 23 October 2012.

6.  On 21 February 2013, a second DA Form 5074-1-R was submitted by the Director of Health Services, awarding her zero constructive service credit, and showing she qualified for appointment as a 2LT.

7.  On 25 April 2013, HRC published Orders A-04-306155 ordering her to active duty, effective 29 May 2013, in the grade of 2LT, to fulfill active duty requirements.  She was assigned to Company D, 187th Student Company, Fort Sam Houston.   Her DOR is listed as 11 May 2011 on the orders. 

8.  On 15 May 2013, HRC published Orders B-05-303321 promoting her to first lieutenant (1LT) with an effective date and DOR as 15 November 2012.  

9.  On 29 May 2013, she executed an oath of office for appointment in the RA, Army Nurse Corps (ANC), in the rank of 2LT.  Her Officer Record Brief, dated
9 December 2013, shows:

* her component as RA
* her active duty grade as 2LT with an active duty DOR as 11 May 2011
* her basic date of appointment as 13 September 2011
* she entered active duty during current tour on 29 May 2013

10.  On 14 November 2013, the HRC Active Duty Nurse Program Manager rendered the following memorandum.

	a.  [Applicant] submitted an application for correction of military records on
1 July 2013.  She was commissioned as a 2LT into the USAR ANC on
13 September 2011.  She received orders to BOLC beginning May 2013.  On
29 May 2013, she took her Oath of Office as a 2LT in the RA ANC.  However, she had been promoted to 1LT in the USAR; her orders are dated 15 May 2013 with an effective dale of 10 November 2012.  A favorable opinion rendered for an adjustment to her date of rank was submitted by the Health Services Directorate (HSD), U.S. Army Recruiting Command (USAREC) on 17 July 2013.

	b.  HSD, USAREC did not scroll her as a 1LT when she was recruited for the RA; her USAR promotion orders were not available at that time.  HSD, USAREC is unable to scroll her as a 1LT at this point in time.  Without a scroll for 1LT, HRC is unable to correct her accession orders.   She has exhausted all administrative avenues available to her, necessitating a resubmission of her request to correct her active duty rank to the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was originally appointed as a 2LT in the USAR and she executed an oath of office on 13 September 2011 with an adjusted DOR of
11 May 2011.  She attended BOLC from 28 September to 23 October 2012.  Her promotion orders to 1LT should have been published in November 2012 (at the 18-month mark) but for unknown reasons the promotion orders were not published until 15 May 2013, albeit with an effective date of 10 November 2012 (at the 18-month mark).

2.  USAREC recruited her for the RA and she entered active duty on 29 May 2013.  When she was ordered to active duty, it appears no one was aware she had been promoted to 1LT by orders that were published two weeks earlier.  As such, her orders to active duty listed her grade as a 2LT. 

3.  It is clear that an administrative error was committed in the processing of her appointment.  It is equally clear that the administrative error in the processing of her appointment caused her to be penalized for an action that was beyond her control.  She should not be penalized by HRC's delay in the publication of her promotion order or USAREC's inability to recruit her in the proper grade.

4.  Because this Board has no authority to correct Department of Defense records (i.e., the Secretary of Defense scroll) an equitable and practical remedy of her case is to revoke Orders A-04-306155, issued by HRC, dated 25 April 2013, ordering her to active duty effective 29 May 2013, in the rank of 2LT, to fulfill active duty requirements, and issuing her orders from the USAR to active duty effective 29 May 2013 for a period of 18 to 24 months, in the rank of 1LT, with a DOR of 10 November 2012, with entitlement to back pay and allowances at the rank of 1LT.  This would allow HRC sufficient time to resubmit her RA accession packet for scrolling in the correct grade. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* revoking Orders A-04-306155, issued by HRC, dated 25 April 2013, ordering her to active duty as an RA officer in the rank of 2LT
* issuing new orders ordering her from the USAR to active duty for a period of 18 to 24 months effective 29 May 2013, in the rank of 1LT and with a DOR of 12 November 2012
* paying her any and all due active duty back pay and allowances, minus any possible offsets, effective 29 May 2013, as a result of this correction
* expeditiously resubmitting her accession packet in the rank of 1LT and upon scrolling and then issuing her an RA appointment memorandum in the rank of 1LT
   
   

      												_______ _   _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)                                         AR20130020942



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ABCMR Record of Proceedings (cont)                                         AR20130020942



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