IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20140004207 


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 adjustment of her active duty date of rank (ADOR) for captain (CPT) and major (MAJ), based on time she served on active duty as a commissioned Army officer.  She requests adjustment of her ADOR for CPT to   1 July 1999, and adjustment of her ADOR for MAJ to 1 December 2008.

2.  The applicant states:

* she entered active duty as a commissioned officer in June 1995 and departed January 2005 via release from active duty (REFRAD)
* she returned to active duty on 10 October 2008
* though less than a four-year break, she was set back 5 years in year group and promotion
* when reviewing her file next to her peers, she is a year behind her peers
* she should have originally been placed in Cohesion Operational Readiness and Training (COHORT) Year Group (YG) 1999 upon her return to active duty
* she should have been offered a special selection board (SSB) for MAJ, based on time in service disparity between herself and her current competitive category officer peers
* after exhausting all administrative remedies through the U.S. Army Human Resources Command (HRC) since September 2013, she requests the Army Review Board Agency's attention on this matter


3.  The applicant provides:

* Orders 110-7-A-104, issued by Headquarters, First Region (Reserve Officers' Training Corps (ROTC)), United States Army Cadet Command, Fort Bragg, NC on 20 April 1995
* Order Number 162-089, issued by U.S. Total Army Personnel Command, Alexandria, VA on 11 June 1999
* DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 1 January 2005
* Orders C-09-817018, issued by HRC, St. Louis, MO on 30 September 2008
* Orders A-10-819997, issued by HRC, St. Louis, MO on 7 October 2008
* Order Number 034-005, issued by HRC, Alexandria, VA on 3 February 2009
* Order Number 231-033, issued by HRC, Alexandria, VA on 19 August 2009
* Army Reserve Personnel Command (APRC) Form 249-E (Chronological Statement of Retirement Points), dated 3 January 2014
* DA Form 4037 (Officer Record Brief (ORB)), dated 6 December 2013
* a comparison ORB from a fellow officer
* numerous email messages regarding the nature of her request

CONSIDERATION OF EVIDENCE:

1.  On or about 3 June 1995, the applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant, in the Chemical Corps.

2.  On 23 June 1995, she entered active duty.  On 3 June 1997, she was promoted to the rank of first lieutenant, and on 1 July 1999, she was promoted to the rank of CPT.  On 1 January 2005, she was honorably discharged from the Army.  

3.  On 29 September 2008, she was reappointed in the U.S. Army Reserve (USAR).

4.  Orders A-10-819997, issued by HRC, St. Louis, MO on 7 October 2008, show she was ordered to active duty with a report date of 24 October 2008.  These orders show:

* she was called to active duty for a minimum of 3 years, for service in the Regular Army
* immediately upon arrival at her duty station, the personnel service center with records responsibility would initiate a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) and perform a service computation
* the resulting documents (as well as her last DD Form 214) were to be forwarded to HRC, Alexandria, VA for possible DOR and promotion eligibility recomputation in accordance with paragraph 2-3 of Army Regulation 600-8-29 (Officer Promotions) 
* her pay entry basic date (PEBD) and DOR were to be adjusted 

5.  Order Number 034-005, issued by HRC, Alexandria, VA on 3 February 2009, determined her ADOR to be 8 April 2003.

6.  Order Number 231-033, issued by HRC, Alexandria, VA on 19 August 2009, promoted her to MAJ effective 2 September 2009.

7.  She provides numerous email messages that document her attempts to secure an adjustment to her ADOR for MAJ, so she can remain aligned with others in her "peer group."

8.  On 4 April 2014, in the processing of this case, an advisory opinion was provided by the Chief of the Officer Promotions Management Branch at HRC, Fort Knox, KY.  The advisory official states:

   a. As requested, the Officer Promotions Management Branch conducted a review of the applicant's DOR and Promotion Board history and concluded that her current DOR to both CPT and MAJ are correct.

   b. The applicant was promoted to CPT effective 1 July 1999.  She was discharged from the Army on 1 January 2005, thereby ending her military service.

   c. After a substantial break in service, she was reappointed in the USAR.  Following her reappointment, she was called to active duty.  

   d. She entered active duty on or about 10 October 2008, and subsequently her entry date was back-dated for each day she previously served in the respective same grade (CPT – 2,012 days).  This process reestablished her DOR to CPT as 8 April 2003.

   e. Based on her readjusted DOR to CPT, she was later considered, and selected, in the primary zone of the Fiscal Year 2009, MAJ, Army Competitive Category, Promotion Selection Board.  She was promoted to MAJ effective          2 September 2009.

9.  On 8 April 2014, the advisory opinion was furnished to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  

10.  On 21 April 2014, she responded to the advisory opinion, wherein she stated:

   a. Although she understands the procedure used to calculate her DOR, she maintains that she still has a solid case for further correction.

   b. The HRC advisory opinion is in error and did not take into account all factors upon her reentry on active duty.  Following a review with her branch manager, she was informed that her performance file remains strong and she is among the top of her peers across both year groups 1999 and 2000.  So as to not continue to remain behind her peers, she requests to be properly aligned with officers possessing the same amount of active service that she has.  Though she does not want, nor deserve, credit for any service she hasn't served, she does want credit for the active service she has served.

11.  Title 10, U.S. Code (USC), section 533, subparagraph (a)(1) provides that for the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade (other than a warrant officer grade) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, such person shall be credited at the time of such appointment with any active commissioned service (other than service as a commissioned warrant officer) that he performed in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service before such appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her ADOR for CPT and MAJ are incorrect.

2.  The evidence shows she was discharged from active duty on 1 January 2005.  Following an extended break in service, she was reappointed in the USAR on   29 September 2008 and she was called to active duty in October 2008.  

3.  Upon her reentry on active duty, she received credit for the amount of time she previously served as a CPT and her ADOR to CPT was adjusted.  She was then selected for promotion to MAJ effective 2 September 2009.

4.  The governing statute provides that an officer's ADOR will be adjusted, upon reentry on active duty, for each day previously served on active duty in the same grade.  This adjustment was performed correctly upon her reentry on active duty in October 2008.  There does not appear to be an error in the calculation of her DOR to CPT or MAJ.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120010068



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ABCMR Record of Proceedings (cont)                                         AR20140004207



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