PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           09 JULY 2002
	DOCKET NUMBER:   AR2002067432

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Ms. Joann Langston		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Roger W. Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her record be corrected to show that she was promoted to first lieutenant on 7 September 2001.

3.  The applicant states that her 19 March 2001 date of rank as a second lieutenant is incorrect as is the 19 March 2001 EADC (Entry on Active Duty Current Tour) date.

4.  The applicant’s military records show that she is a Medical Service Corps officer who was appointed a second lieutenant in the Army Reserve on                1 February 2000.  On 8 March 2000 the Total Army Personnel Command at St. Louis ordered her to active duty with a reporting date to the USA CHPPM in Germany on 29 June 2000.  On that same date it ordered her to proceed on temporary duty from Bolling Air Force Base to Fort Sam Houston, Texas, to attend the AMEDD officer basic course with a proceed date of 7 March 2000.

5.  The applicant’s Officer Record Brief (ORB) shows that she entered on active duty on her current tour on 7 March 2000.

6.  DA Form 78-R (Recommendation for Promotion to 1LT/CW2) shows her date of rank as a second lieutenant as 19 March 2001 and her EADC as 19 March 2001 (the year obviously should be 2000 for both those entries).  That form shows that she was promoted to first lieutenant with an effective date and date of rank of 19 September 2001.

7.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Promotions Branch.  That branch stated that the applicant entered on active duty on 10 March 2000 and in accordance with MILPER message number 98-140, her promotion eligibility date for first lieutenant is the day after completion of 18 months of active duty.  That branch recommended that her records be corrected to show that she was promoted to first lieutenant with a date of rank and effective date of 10 September 2001 with pay and allowances in that rank from 10 September 2001.  Information obtained from an official of the Promotions Branch revealed that 10 March 2000 was the date her military pay began as reflected in JUMPS (Joint Uniform Military Pay System).

8.  A copy of the advisory opinion was furnished the applicant for her information and comment.  She failed to respond.  A member of this agency contacted her on 28 June 2002.  She stated that she had just returned from TDY, and although her 

husband had notified her of the advisory opinion by telephone [while she was on TDY], she had not yet seen it.  When asked about the discrepancy between the   7 September 2001 date of rank that she requested in her application, and the    10 September 2001 date indicated in the advisory opinion, she stated that she did sign in at Fort Sam Houston on 10 March 2000, but started her travel to that location on 7 March 2000 as reflected in her orders.     

9.  The referenced MILPER message announces the approval for AMEDD officers in the Medical Service Corps for accelerated promotion from second lieutenant to first lieutenant, reducing from 24 months to 18 months time in service for promotion to first lieutenant.  The time in service criteria pertains to active time in service only.  The EADC date is used to compute the 18 months active service for second lieutenants with a date of rank different from the date they entered active duty.  Their PED (promotion eligibility date) will be on the       18 month anniversary of their entry on active duty.

CONCLUSIONS:

1.  The applicant’s date of rank and effective date of promotion to first lieutenant as reflected in the DA Form 78-R is incorrect.  

2.  The applicant’s orders show that she was to proceed to Fort Sam Houston on 7 March 2000.  Her ORB shows that she entered on active duty on 7 March 2000.  The applicant herself stated that although she signed in on 10 March 2000, she began her travel to Fort Sam Houston on 7 March 2000.  Consequently, and notwithstanding the information contained in the advisory opinion, and the fact that the applicant’s military pay began on 10 March 2000, the Board believes that her active duty did begin on 7 March 2000.   

3.  Therefore, the applicant’s records should be corrected to show that she entered on active duty on 7 March 2000 and that she was promoted to first lieutenant on 7 September 2001.  Her date of rank and effective date of promotion to first lieutenant is 7 September 2001, and she should receive all pay and allowances as a first lieutenant from that date.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned entered on active duty on 7 March 2000, that she was promoted to first lieutenant on 7 September 2001 with a date of rank and effective date of promotion of 7 September 2001; and that she receive all pay and allowances as a first lieutenant from that date.

BOARD VOTE:  

__JL____  __TBR __  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067432	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020709	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.