MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:           17 April 2001                   
	DOCKET NUMBER:   AR2000047622

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Margaret V. Thompson 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her date of rank to captain be adjusted to            30 January 1996, the date she reached maximum time in grade as a first lieutenant.  

APPLICANT STATES:  She was selected for promotion to captain by a selection board that convened in January 1997.  The results of that board were released in July 1998, reflecting a date of rank to captain of 12 June 1998, which is only one week earlier than officers selected for captain by the 1998 AMEDD (Army Medical Department) Captain USAR (United States Army Reserve) promotion board.  She reached maximum time in grade on 30 January 1996.  She meets the Army standards for promotion.  She received an E-mail from an officer at the Army Reserve Personnel Command promotions branch advising her to apply to this Board for relief.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was commissioned a second lieutenant from ROTC (Reserve Officer Training Corps) on 17 December 1988 and ordered to active duty with a reporting date to Fort Huachuca, Arizona on 1 February 1989.  On 18 July 1989 she was appointed a second lieutenant in the Regular Army.  She was trained as a Military Intelligence Corps officer.  Her evaluation reports show that she had a date of rank as a first lieutenant of 31 January 1991.

The applicant apparently entered into a contract to attend the Uniformed Services University of the Health Sciences (USUHS).  She was appointed a Reserve second lieutenant in the Medical Service Corps (MSC) on 22 June 1992 and was ordered to active duty for 4 years with a reporting date to the Navy National Medical Center at Bethesda, Maryland on 22 June 1992. 

A Service School Academic Evaluation Report shows that the applicant was disenrolled from the USUHS on 12 August 1994 for academic reasons.  The applicant completed the AMEDD officer basic course on 25 January 1995.  

A 10 May 1995 DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) shows that the applicant was awarded 1 year,            8 months, and 10 days entry level credit, which is one half of her years of prior active commissioned service from 31 January 1989 through 21 June 1992         (3 years, 4 months, and 20 days).

A 16 May 1995 DA Form 78-R (Recommendation for Promotion to 1LT/CW2) shows that the applicant’s date of rank as a second lieutenant was                     12 August 1994, that she had been awarded 1 year, 8 months, and 10 days of entry level credit, and that she was promoted to first lieutenant with a date of rank of 2 December 1994. 

The applicant was released from active duty with a special separation benefit (SSB) of $69,284.34 on 1 April 1996, and transferred to the 426th Medical Brigade, a reserve unit in Salt Lake City, Utah. 

On 9 July 1998 the applicant was notified that she was promoted to captain with a date of rank of 12 June 1998.   

Information obtained from an official of the Army Recruiting Command at Fort Knox, Kentucky, responsible for Medical Service Corps appointments, is that the applicant would have received a new appointment as a second lieutenant after her disenrollment from the USUHS on 12 August 1994, and in all likelihood that date was her appointment date as a MSC second lieutenant.

Information obtained from an official of the Medical Service Corps Branch at the Total Army Reserve Personnel Command at St. Louis revealed that the time in grade requirement for promotion to captain in the Army Reserve is 5 years.

Army Regulation 135-101 prescribes policy, procedures, and eligibility for appointment in the Reserve Components of the Army.  Chapter 3 provides for award of entry grade credit and states in pertinent part that entry grade credit will be the sum of constructive service credit and credit for prior active commissioned service.  Entry grade credit for Medical Service Corps officers will be recorded on DA Form 5074-1-R.  Table 3-2 of that regulation provides for the computation of prior active commissioned service credit, and states that an officer who had extended active commissioned service in other than the specialty in which being appointed will receive entry grade credit of one half year for each year of service.   
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.   The applicant was more than likely appointed a second lieutenant in the MSC on 12 August 1994, the date she was disenrolled from the USUHS.  Her promotion to first lieutenant on 2 December 1994 less than 4 months after her appointment was correct because of the entry level credit awarded for her prior active commissioned service.  The applicant does not question her                      2 December 1994 promotion date to first lieutenant. 

2.  The applicant should have been promoted to captain on 2 December 1999, five years after her promotion to first lieutenant.  Her promotion to captain effective on 12 June 1998 appears to have been premature. 

3.  The applicant’s request for a date of rank of 30 January 1996 is apparently based upon her date of rank of 31 January 1991 as a Regular Army first lieutenant in the Military Intelligence Corps.  However, she accepted a new appointment in 1994 as an United States Army Reserve (USAR) Medical Service Corps officer, and was awarded credit for her prior commissioned service in accordance with regulations.  She cannot go back now and claim a date of rank as a Regular Army first lieutenant  in 1991.  Her date of rank as a first lieutenant in her current branch, MSC, is 2 December 1994.  Consequently, she is not entitled to a 30 January 1996 date of rank in the grade of captain.    

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mhm__  ___mvt__  ___jhk__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000047622	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  21	131.00	
2.		
3.		
4.		
5.		
6.