IN THE CASE OF:    

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140019548 


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 promotion to captain (CPT)/O-3 effective 13 March 2012 with a DOR of 13 March 2012.

2.  The applicant states:

	a.  Her rank should be corrected to CPT with a DOR of 13 March 2012, the date she completed the Basic Officer Leaders Course (BOLC).

	b.  The constructive credit worksheet was calculated incorrectly which caused her to be ineligible for a unit vacancy promotion.  A corrected DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) mistakenly gave her too much constructive credit and made her DOR for CPT effective prior to her completion of BOLC.

	c.  Correcting the DOR to show her rank as CPT effective the day she graduated from BOLC will completely correct the records and allow her to progress normally through her Army career.

3.  The applicant provides:

* National Guard Bureau (NGB) memorandum for record, dated 12 September 2014, subject:  Army Board for Correction of Military Records Recommendations for (Applicant)
* NGB memorandum for record, dated 12 September 2014, subject:  Table of Documents for (Applicant)
* Indiana Army National Guard (ARNG) Orders 327-1121, dated 23 November 2010
* DA Forms 5074-1-R, dated 28 October 2010, 21 December 2010, 22 March 2013, and 10 April 2013
* U.S. Army Recruiting Command (USAREC) memorandum, dated 25 October 2010, subject:  Results of the 19-22 October 2010 Army Medical Department (AMEDD) Selection Board for the ARNG
* NGB Special Orders Number 169 AR, dated 26 July 2011
* DA Form 1059 (Service School Academic Evaluation Report)
* NGB Special Orders Number 85 AR, dated 22 March 2013
* Federal Recognition Processing History (Applicant)

CONSIDERATION OF EVIDENCE:

1.  The applicant provided a DA Form 5074-1-R, dated 28 October 2010, which shows she was awarded 2 years of constructive credit for education and 3 years of constructive credit for professional experience.  Her rank is shown as 1LT.

2.  She was appointed as a 1LT in the ARNG effective 19 November 2010.

3.  She provided a DA Form 5074-1-R, dated 21 December 2010, which shows she was awarded 3 years of constructive credit for education and 3 years of constructive credit for professional experience.  Her rank is shown as 1LT with a DOR of 19 May 2006.  The remarks section of this form states:  "Initial AMEDD Appointment."

4.  NGB Special Orders Number 169 AR, dated 26 July 2011, granted her initial Federal recognition as a 1LT effective 19 November 2010 with a DOR of 19 May 2006.

5.  She completed the AMEDD BOLC on 13 March 2012.

6.  She provided a DA Form 5074-1-R, dated 22 March 2013, which shows she was awarded 2 years of constructive credit for education and 3 years of constructive credit for professional experience.  Her rank is shown as CPT with a DOR of 19 May 2009.  The remarks section of this form states:  "CORRECTED COPY TO AMEND RANK AND DOR BASED ON CONSTRUCTIVE CREDIT."

7.  NGB Special Orders Number 85 AR, dated 22 March 2013, amended NGB Special Orders Number 169 AR, dated 26 July 2011, by showing her grade as CPT and her DOR as 19 May 2009.

8.  She provided a DA Form 5074-1-R, dated 10 April 2013, which shows she was awarded 2 years of constructive credit for education and 3 years of constructive credit for professional experience.  Her rank is shown as 1LT with a DOR of 19 May 2007.  The remarks section of this form states:  "Correction for Initial AMEDD Appointment."

9.  She provided a memorandum for record from NGB, dated 12 September 2014, which states:

	a.  The applicant was appointed as a 1LT in the Medical Specialist Corps as a Physician Assistant in the ARNG on 19 November 2010.  This is a CPT authorization.  The appointment to 1LT was based on her advanced education and her prior professional experience as a Physician Assistant.

	b.  Her accession packet was reviewed by USAREC.  USAREC produced a DA Form 5074-1-R and she was awarded 2 years of constructive credit for education and 3 years of constructive credit for professional experience.

	c.  The ARNG produced a second DA Form 5074-1-R and she was given 3 years of constructive credit for education, 3 years of constructive credit for professional experience, and a DOR of 19 May 2006.  She was erroneously given an extra year of constructive credit for her bachelor's-level degree in addition to her master's-level degree and her prior professional experience.  She should have been awarded 5 years of constructive credit.

	d.  As a result of her DOR, the applicant was eligible for the Department of the Army mandatory promotion board on 19 November 2011.  However, she was required to complete BOLC to be eligible for promotion to CPT.  She completed BOLC on 13 March 2012.

	e.  The ARNG forwarded her packet for a unit vacancy promotion to CPT on 17 December 2012.  The applicant was already in the zone of consideration for the Department of the Army mandatory promotion board since Fiscal Year 2011 and the vacancy promotion packet was returned to the State.

	f.  The ARNG withdrew the unit vacancy promotion packet and requested amendment of the applicant's initial appointment.  The resulting amendment appointed her as a CPT with a DOR of 19 May 2009.  This amendment was based on an erroneous DA Form 5074-1-R produced by the ARNG.

	g.  Based on the erroneous DA Form 5074-1-R, the applicant was reappointed as a CPT with 19 May 2009 as her new DOR.  New Federal recognition orders were issued on 22 March 2013.

	h.  The error was discovered early in April 2013 and brought to the attention of the ARNG and NGB leadership for resolution.  Unfortunately, no resolution was made by the leadership.

	i.  The applicant received back pay from 19 May 2009 and pay for the past year as a CPT.  This is through no fault of the applicant, but is the result of the erroneous reappointment to CPT.

	j.  The applicant's initial appointment should reflect an appointment date of 19 November 2010 and a DOR of 19 May 2007.  This would have made the applicant eligible for a unit vacancy promotion 1 year after she had been on the Reserve Active Status List (19 November 2011).

	k.  A requirement for promotion to CPT is completion of BOLC.  Since the applicant did not complete BOLC until 13 “February” 2012 (should read 13 March 2012), this date should be used for her promotion date to CPT.  Her DOR for CPT would be 13 “February: 2012 (should read 13 March 2012).

	l.  Since the actions that caused the applicant to receive back pay and current pay as a CPT were not through any fault of the applicant, there should be no recoupment of back pay for this officer.

	m.  These actions will put the applicant in a position to continue her military career as if there had been no errors in her military records.

10.  NGB Special Orders Number 260 AR, dated 18 September 2014, amended her DOR for 1LT to read 19 May 2007.

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  It states the maximum time in grade requirement for promotion to CPT is 5 years.  This regulation specifies that promotion reconsideration by a special selection board (SSB) may only be based on erroneous non-consideration or material error which existed in the record at the time of consideration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests promotion to CPT effective 13 March 2012 with a DOR of 13 March 2012.

2.  The evidence of record shows the ARNG forwarded her packet for a unit vacancy promotion to CPT on 17 December 2012.  However, since the applicant was already in the zone of consideration for the Department of the Army mandatory promotion board (even with a new 1LT DOR of 19 May 2007), the unit vacancy promotion packet was returned to the State and the ARNG withdrew the applicant's unit vacancy promotion packet.

3.  Since this is a Department of the Army promotion issue rather than an ARNG unit vacancy promotion issue, the applicant should be considered by an SSB and, if selected, be vetted through the standard scrolling process.  Therefore, there is no basis for granting her request for promotion to CPT effective 13 March 2012 with a DOR of 13 March 2012.  However, it would be appropriate to correct her military records by submitting her records to an SSB for consideration for promotion to CPT 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 the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  submitting her records to an SSB for consideration for promotion to CPT under the applicable criteria;

	b.  If before the SSB process is completed she is removed from the Reserve Active Status List:

(1)  correct her records by continuing the SSB process;

      (2)  if selected for promotion by the SSB, further correct her records by voiding her removal from the Reserve Active Status List, showing she met all the eligibility criteria for promotion selection effective the approved date of the promotion selection board, promoting her in due course in accordance with Army Regulation 135-155 to CPT with the appropriate date of rank, and paying to her any associated back pay and allowances.

	c.  if not selected for promotion, notifying her accordingly.

2.  The Board further determined the evidence presented is 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 promotion to CPT effective 13 March 2012 with a DOR of 13 March 2012.



      ____________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)                                         AR20140019548



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ABCMR Record of Proceedings (cont)                                         AR20140019548



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