PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            22 August 2002                  
	DOCKET NUMBER:   AR2002069762

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Ellis		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 adjustment to her Army date of rank for captain.

3.  The applicant states that her Army date of rank for captain reads 6 July 2000 and it should read 1 July 1993.  She submits copies of her letter dated 13 February 2002 to the Army Reserve Personnel Center, her Statement of Commissioned Service dated 29 May 2001, her DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) dated 14 September 2001, her DD Form 214, her Computation of Officer's Service dated 29 September 2000 and her Department of Health and Human Services, Public Health Service, personnel orders dated 30 June 1993 in support of her application.

4.  The applicant’s military records show that she was appointed in the Reserve, Medical Services (MS), as a senior assistant pharmacist, in the permanent grade of second lieutenant (junior grade) and temporary grade of lieutenant effective 1 July 1993.

5.  She was promoted to captain (USAR) effective 6 July 2000 and entered on active duty for training the same date.

6.  She was honorably separated from active duty for failure to complete a course of instruction effective 29 September 2000.  She was credited with having completed 2 month and 24 days active service during this period; 6 years, 11 months and 21 days total prior active service; and 2 years, 9 months and 14 days total prior inactive service.

7.  On 14 September 2001, she was issued a DD Form 215 showing credit for 7 years, 6 months and 16 days total prior active service and 4 years, 6 months, and 19 days total prior inactive service.

8.  On 8 April 2002, the Chief, Appointments Branch, Total Army Personnel Command, issued a corrected appointment letter indicating the applicant was appointed in the Reserve, MS, as a first lieutenant with 8 years, 8 months and 8 days constructive credit.

9.  The Director, Health Services Personnel Management, Army Reserve Personnel Command, expressed the opinion that the applicant is presently in the United States Air Force.  As a member of the Commissioned Public Health Service, she was promoted to lieutenant (03) temporary promotion, with an effective date of 1 July 1993.  On 7 January 2000, she signed an Oath of Office and reported to Active Component on 6 July 2000, the effective date based on Entry on Active Duty and was given this date as the effective date of rank.  Per copy of the Reserve appointment letter, she was awarded constructive credit for previous work experience of 8 years, 8 months and 8 days.  When taken into 

accountability and readjusted, her actual date of rank is 28 October 1998 and not 1 July 1993 as requested by the officer.  The applicant's appointment grade was captain with a date of 6 July 2000.  By subtracting the excess constructive credit (over minimum for captain, medical services, equals 7 years) of 1 year, 8 months and 8 days, her adjusted date of rank for captain is 28 October 1998.  The Director also stated that the addition of 7 years to her adjusted date of rank would make the applicant eligible for her next promotion and her projected MTIG date, if she remained in the Reserve, would be 27 October 2005, upon completion of 7 years of time in the lower grade.  He also stated that the Health Service Personnel Management Directorate is not in agreement with correcting the date of rank as requested.  However, the Directorate does agree to correct the date of rank to reflect 28 October 1998 as the applicant’s official date of rank.

10.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 8 May 2002.  She did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of her date of rank for captain to 28 October 1998, based on the award of constructive credit for previous work experience in the amount of 8 years, 8 months and 8 days.  

2.  The applicant is not entitled to adjustment of her date of rank for captain to 1 July 1993.  She reported to the active component on 6 July 2000, which was used as her effective date for entry on active duty and her date of rank for captain.  At that time, her date of rank was not adjusted based on her excess constructive credit of 1 year, 8 months and 8 days. 

3.  The applicant was last appointed to the MS as a captain with 8 years, 8 months and 8 days constructive credit.  By subtracting 7 years of credit from her appointment grade of captain with a date of rank of 6 July 2000 and applying the balance of 1 year, 8 months and 8 days to her appointment date her adjusted date of rank for captain was established as 28 October 1998.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the Army date of rank for captain of the individual concerned as 28 October 1998.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_JHL____  _BJE___  _RVO__     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann H. Langston 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069762	
SUFFIX		
RECON		
DATE BOARDED	20020822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.00	
2.	102.07	
3.	102.08	
4.		
5.		
6.