BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003542 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003542 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003542 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 correction of his military records by adjusting his active date of rank (ADOR) for lieutenant colonel (LTC) to 1 November 2013 and his Cohort year group to 1996. 2. The applicant states his ADOR does not allow him to be competitive with his peers for the next colonel promotion board because he does not have sufficient evaluations in his record. He is looking to serve at least 10 more years and wants to ensure he is competitive for promotion consideration with his peers. His ADOR is based on his Army Reserve promotion which is at least 2 year groups ahead of his peers who did not have a break in service. At a minimum, his ADOR should equal his re-entry to active duty (EAD) of 5 June 2012. However, even his EAD is at least 1-year group ahead of his peers. His original area of concentration (AOC) was 70D (Medical Service Corps). His original EAD was 18 August 1996. His Cohort should be 1996 based on his basic active service date (BASD). 3. The applicant provides no additional documentation. CONSIDERATION OF EVIDENCE: 1. Orders B-10-107072, U.S. Army Human Resources Command (HRC), dated 27 October 2011, announced the applicant's promotion to LTC in the USAR with an effective date and date of rank of 10 September 2011. 2. Orders A-04-207122, HRC, dated 16 April 2012, announced the applicant's order to active duty as a LTC, pay grade O-5. His Reserve DOR (DORRES) is 10 September 2011; his pay entry basic date (PEBD) is 9 June 1996; his component is Regular Army (RA); and his AOC is 70D, Medical Service Corps. 3. The applicant's DA Form 71 (Oath of Office – Military Personnel) shows he executed his oath of office as an LTC, RA, Medical Service Corps, on 5 June 2012. 4. Orders Number 274-006, HRC, dated 30 September 2012, announced the applicant's ADOR for LTC as 10 September 2011. 5. In the processing of this case, an advisory opinion was received from the Chief, Medical Service Corps Accessions, Fort Knox, Kentucky, wherein he opined: a. The applicant was initially appointed as a Reserve commissioned officer of the Army in the Medical Service Corps on 9 June 1996. He has served continuously, either on active duty or in the U.S. Army Reserve (USAR), within his assigned AOC. He was promoted to LTC in the USAR with an effective date and DOR of 10 September 2011. b. The applicant was ordered to active duty in the rank of LTC, pay grade O-5, with a DOR based on his then current pay grade held. He accepted the RA appointment as a LTC on 5 June 2012. c. The applicant was a Reserve officer on the Active Duty List (ADL) at the time of appointment. Based on the above comments, the advisor recommends denial of the applicant's request to change his ADOR. 7. On 17 February 2017, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond. No response was received. REFERENCES: 1. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides that commissioned officers of any Reserve Component of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty under either a or b below, whichever selection would result in a higher grade or greater promotion service on the date of appointment: a. in the grade currently held if serving in the specialty for which applying or b. in the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified. 2. Army Regulation 600-8-29 (Officer Promotions) provides that the ADOR of an officer receiving an original appointment as an RA commissioned officer is the date the appointment is accepted unless: a. the officer was a Reserve officer on the ADL at the time of appointment, in which case the ADOR is the same as that which the officer held immediately before the appointment; or b. the officer was a Reserve officer not on the ADL at the time of appointment, in which case the ADOR will be the one the officer would have had immediately prior to appointment as an RA officer had the officer been placed on the ADL as a Reserve officer on that date. 3. Department of Defense Instruction 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.1, provides that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment. DISCUSSION: The available evidence shows the applicant's RA appointment in the rank of LTC, pay grade O-5, was accomplished properly in accordance with the governing regulations and instructions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003542 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003542 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2