IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20140003909
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:
a. his date of rank (DOR) for first lieutenant be amended from 1 April 2012 to 28 March 2012; and
b. his DOR for captain be amended to 1 April 2013 from 1 October 2013.
2. The applicant states:
a. his adjusted DOR for captain would reflect the 42 month pin-on-point for the Fiscal Year 2013 (FY13) Captain's Promotion Selection Board.
b. he was promoted to first lieutenant on 1 April 2012, 3 days after the
18 month pin-on-point.
c. he believes the error of his DOR for first lieutenant and captain was caused by his DOR being calculated from 1 October 2009, not actually from his date of appointment, which was 28 September 2009. These errors caused him to miss the 2013 Captain's promotion board by one day, which also pushed him into the 2010 year group. This error also caused him to miss the 42 month pin-on-point for captain. It pushed him to the 48 month pin-on-point, causing him to be 6 months behind the officers he came into the Army with.
3. The applicant provides:
* DA Form 71 (Oath of Office Military Personnel)
* Military Personnel (MILPER) Message 13-002 issued on 6 January 2013
* MILPER Message 13-204 issued on 30 July 2013
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted active service in the Regular Army (RA) and inactive service in the Army National Guard, the applicant was appointed as a second lieutenant in the RA, Nurse Corps, on 28 September 2009. Orders show he was ordered to active duty (OAD) on 1 October 2009.
2. Promotion orders show he was promoted to:
* first lieutenant on 1 April 2011 with a DOR of 1 April 2011
* captain on 1 October 2013 with a DOR of 1 October 2013
3. Paragraph 3-1a(1) of Army Regulation 600-8-29 (Officer Promotions) states the promotion eligibility date (PED) to first lieutenant is 18 months of active duty service as a second lieutenant on the active duty list (ADL).
4. MILPER Message 13-204, issued on 30 July 2013, states effective with the release of the Fiscal Year 2013, Captain, Army Nurse Corps, Medical Service Corps, and Army Medical Specialist Corps, Promotion Selection Boards and the Fiscal Year 2013, Captain, Army Competitive Category, Promotion Selection Board, the Army will increase the time-in-service promotion pin-on point to the grade of captain from 42 months to 48 months for all future active component captain promotions.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was appointed as a second lieutenant on
28 September 2009 and he was OAD/placed on the ADL on 1 October 2009.
2. The governing regulation states the PED for a first lieutenant is 18 months of active duty service as a second lieutenant on the ADL. Since he was promoted to first lieutenant on 1 April 2011 with a DOR of 1 April 2011, 18 months after he was placed on the ADL, in accordance with the governing regulation there is no basis for granting the requested relief.
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) AR20140003909
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