IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160009224 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160009224 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 records of the individual concerned be amended to show his date of rank (not effective date of promotion) to first lieutenant (1LT) as 9 June 2015. 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 adjusting the applicant's date of rank and effective date of promotion to 1LT to 20 June 2015 with payment of associated back pay and allowances. _____________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. IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160009224 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 adjustment of his active duty date of rank (ADOR) and effective date of promotion to first lieutenant (1LT) from 28 September 2015 to 20 June 2015 with payment of all associated back pay and allowances. 2. The applicant states he was granted constructive service credit (CSC) upon his commissioning, which should have resulted in his promotion date being 20 June 2015. Due to a filing error from the recruiting office, his CSC was overlooked and his promotion was delayed. 3. The applicant provides a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)). CONSIDERATION OF EVIDENCE: 1. On 29 January 2015, in conjunction with his upcoming appointment in the Army as a critical care registered nurse (CCRN), a DA Form 5074-1-R was completed. This form shows: * a Bachelor of Science in Nursing (BSN) degree from Cox College, MO, was his basic qualifying degree * the inclusive dates of his BSN were listed as 20 January 2012 to 17 May 2013 * he was credited with 6 months of CSC for his CCRN degree * he was credited with 8 months and 3 days of CSC for his professional experience * his total CSC was 1 year, 2 months, and 3 days * his CSC qualified him for entry as a second lieutenant (2LT)/O-1 2. He was appointed as a Regular commissioned officer of the Army on 12 February 2015, as a 2LT in the Army Nurse Corps (ANC). He executed an Oath of Office and entered active duty on that same date. 3. He was promoted to 1LT on 28 September 2015. 4. In the processing of this case, an advisory opinion was obtained on 13 June 2016, from the Director, Health Services Directorate (HSD), U.S. Army Recruiting Command (USAREC), Fort Knox, KY. The advisory official opined: a. After a thorough review, USAREC HSD found no errors with respect to the amount of CSC awarded to the applicant. b. The ANC awarded the applicant 1 year, 2 months, and 3 days of CSC as entry grade for 2LT per Department of Defense Instruction (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPO)). When the applicant entered active duty, the U.S. Army Human Resources Command (HRC) would have computed his length of service and established his date of rank (DOR). Promotion to 1LT occurs when the required phase points are met. Phase points, date of rank, and/or promotions are not a function of USAREC. 5. The applicant was provided a copy of the advisory opinion on 16 June 2016, for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. 6. In the processing of this case, an advisory opinion was obtained on 17 September 2016, from the Chief, Officer Promotions Special Actions Branch, HRC, Fort Knox, KY. The advisory official stated: a. Based on a review of the records, data systems, Army Regulation 600-8-29 (Officer Promotions) and the information provided, the applicant's request was found to have merit. Army Regulation 600-8-29, Table 3-3, (including an additional review and calculation of constructive credit) clarifies that in this case, he could have been promoted to 1LT with a DOR of 9 June 2005 (unless proven to be otherwise ineligible). b. The reason for delay in appointment may have included but not been limited to: (1) Incorrect personnel and service data entered into HRC systems. (2) An initial administrative or system(s) error that did not correctly calculate or recognize him as eligible for scroll appointment, approval, and promotion. (3) The screening requirement for adverse and reportable information for promotion and federal recognition to colonel and below dictated by Army Directive 2016-26, DODI 1320.4 (Military Officer Actions Requiring Approval of the Secretary of Defense or President, or Confirmation by the Senate), Title 10, U.S. Code (USC), section 3583 and Deputy Chief of Staff/G1, standard operating procedure. c. Although the applicant's effective promotion date of 28 September 2015, cannot be earlier, per Title 10, USC, section 624(c), it is recommended that his DOR be retroactively adjusted to his promotion eligibility date of 9 June 2015. The recommendation does not violate Title 10, USC, section 624(c) and allows the officer seniority on the active duty list per Army Regulation 600-8-29 and Title 10, USC, section 741. 7. The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCES: 1. Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army) states special eligibility requirements are prescribed for selection and appointing commissioned officers to the Corps of the Army Medical Department (AMEDD) in the Regular Army. Individuals must meet the educational and professional requirements specified in Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) to be eligible for an Regular Army appointment. The Office of the Surgeon General will determine acceptability of credentials. 2. Army Regulation 600-8-29 prescribes policies and procedures for officer promotions. Paragraph 3-1 states AMEDD officers on active duty who agree to serve as 2LTs while in professional education or training programs will not be promoted until their training is complete. Their promotion eligibility date will be determined by HRC. 3. Title 10, U.S. Code, section 624 (Promotions: How Made), states a fully-qualified list of officers on a promotion list shall be considered approved when it has been approved by the President. DISCUSSION: 1. The evidence confirms the applicant was appointed as a commissioned officer in the Regular Army on 12 February 2015, as a 2LT in the ANC. He executed an Oath of Office and entered active duty on that date. 2. The governing regulation states promotion to 1LT for AMEDD officers will not take place until training is complete and will be determined by HRC. According to the Chief of Officer Promotions, HRC, the applicant could have been promoted to 1LT with a DOR of 9 June 2015. The delay in his promotion to 1LT was due to no fault of the applicant. 3. The effective date of promotion is established under the authority of the Secretary of Defense; this Board does not have the authority to change that date. The Board may recommend correction of his DOR (not his effective date of promotion) to 9 June 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009224 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009224 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2