IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140000949
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, that her date of rank (DOR) as a first lieutenant be changed to an earlier date.
2. The applicant states, in effect, that on 9 December 2009 she was initially commissioned as a second lieutenant (2LT). On 1 March 2011 she applied for the Inter-Service Physician Assistant Program (IPAP) and she was accepted and took an oath as a Regular Army (RA) first lieutenant (1LT) in the Medical Specialist (SP) Corps on 8 June 2011. She believes the problem is she was promoted to the rank of 1LT when she graduated from her Basic Officer Leadership Course (BOLC) on 8 June 2011 and in September 2011, she was accepted into the IPAP with a report date of 29 July 2012 as a 2LT. However, due to her pregnancy, she was deferred to a later class beginning 7 April 2013 and continued to be paid as a 2LT despite the fact that she took her oath and had copies of her promotion orders which is causing a hardship to her family.
3. The applicant provides copies of orders promoting her to 1LT, Medical Service (MS) Corps, effective 8 June 2011, oath of office as a 2LT dated
9 December 2009, DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 5074-1-R (Record of Award of Entry Grade Credit), oath of office as an RA SP Corps 1LT, promotion orders to 1LT SP Corps, and orders to active duty.
CONSIDERATION OF EVIDENCE:
1. The applicant was initially appointed as a U.S. Army Reserve (USAR) MS Corps 2LT on 9 December 2009. She completed BOLC on 27 May 2011 and was promoted to the rank of 1LT (MS) on 8 June 2011.
2. On 2 April 2013, she accepted an appointment as an RA SP 1LT and was ordered to active duty on 7 April 2013. On 31 May 2013, she was granted an adjusted DOR of 4 February 2013.
3. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) which opines the applicant was submitted to the Secretary of Defense for RA MS Corps scroll in the rank of 1LT and returned confirmed on 17 June 2013. Officials at HRC opine that while the Board can change her DOR from 17 June 2013 to 4 February 2013, her effective date cannot be changed.
4. Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated
30 September 2004, is an executive order in which the White House has delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further delegation authorized. On 1 July 2005, the directive was issued that all officers appointed, commissioned or promoted must be on a scroll approved and signed by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to the rank of 1LT SP Corps on 4 February 2013; however, she was not scrolled until 17 June 2013.
2. Inasmuch as the Board does not have the authority to change the effective date (scroll date) of her promotion to 1LT, there is no effective relief on that issue.
3. However, the Board does have the authority to restore her DOR to 4 February 2013. Accordingly, as a matter of equity, it should be done at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the applicants DOR for promotion to 1LT to 4 February 2013.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing her effective date of promotion (scroll date).
_______ _ _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) AR20140000949
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