BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160015424 BOARD VOTE: ___x______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160015424 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. notifying the U.S. Army Human Resources Command, Fort Knox, KY, that, if his unqualified resignation as a commissioned officer of the Regular Army is approved with transfer to the U.S. Army Reserve, his name shall be submitted to the Secretary of Defense for appointment as a Reserve commissioned officer of the Army (in a basic branch) in the grade of rank of major/pay grade O-4. b. awarding him the Purple Heart for the injury he incurred on 21 December 2004. ____________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: 12 January 2017 DOCKET NUMBER: AR20160015424 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, in effect, correction of his military service records to show award of the Purple Heart (PH) and reinstatement in the Regular Army (RA) in the rank of major (MAJ)/pay grade O-4 effective and with a date of rank (DOR) of 1 November 2010, or in the alternative, effective 2 September 2015 with a DOR of 1 November 2010. 2. The applicant states, in effect, he defers to his counsel. 3. The applicant provides no additional documentary evidence. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests, in effect, correction of the applicant's military service records to show award of the PH and reinstatement in the RA in the rank of MAJ (O-4) effective and with a DOR of 1 November 2010, or in the alternative, effective 2 September 2015 with a DOR of 1 November 2010. 2. Counsel states the applicant sustained wounds in combat on 21 December 2004. He also states the applicant was previously selected by a Promotion Selection Board, confirmed by the United States Senate, and appointed to MAJ by the President of the United States. Consequently, the applicant does not require a Special Selection Board and notice need only be issued to the Defense Finance and Accounting Service instructing that activity to compute and pay the applicant monies owed as a result of the correction of his records. a. Counsel states the applicant graduated from the United States Military Academy and was appointed as a Reserve commissioned officer, in the rank of second lieutenant (2LT)/pay grade O-1, Infantry (IN), on 2 June 2001. He was promoted to captain (CPT)/pay grade (O-3) on 1 November 2004. In 2006, he was transferred to (basic branch) Special Forces (SF). b. On 21 December 2004, while present during the lunchtime meal in the dining facility (DFAC) of Forward Operating Base (FOB) Marez, Mosul, Iraq, a suicide bomber infiltrated the DFAC and detonated a device killing 22 personnel and wounding more than 100 others, including the applicant. According to witnesses, the blast propelled the applicant a distance of about 10 feet. He got up and provided first aid and assistance to others. (1) On 22 December 2004, the applicant was informed that his name was placed on a list of names, along with the names of other personnel, for award of the PH for wounds suffered on 21 December 2004. He felt undeserving of the award, requested his name be removed from the list, and his name was removed from the list. The former battalion commander has verified this in a statement. (2) Counsel states that an Army medical officer evaluated the applicant and diagnosed him with tinnitus (hearing loss) and a 10 to 15 percent (%) perforation of the right tympanic membrane. The medical officer treated the applicant with eardrops and the treatment of the injuries is documented in his military medical records. (3) In 2010, the applicant submitted a request to the U.S. Army Human Resources Command (HRC) requesting award of the PH for injuries sustained on 21 December 2004. On 21 February 2010, HRC returned his request "without action" and informed him that he had failed to provide medical documentation of his injuries. On 19 March 2010, HRC advised the applicant that in addition to medical records, he should submit "two eyewitness statements and other supporting documents which corroborate a narrative description of the circumstances in which he was wounded and a copy of the Soldier's audiological evaluation from both before and after the incident…" (4) From early 2010 through 2014, the applicant was occupied with his duties that required extensive global travel. As a result, he did not provide HRC the additional documents required to support his request for award of the PH. (5) On 1 September 2015, the applicant submitted additional documents to HRC in support of his request for award of the PH. On 4 December 2015, Colonel MSRR, Chief, Soldier Programs and Services Division, HRC, denied the applicant's request because his injuries "do not warrant an award of the PH." The injuries were correctly noted in the HRC letter (i.e., a perforated right tympanic membrane, ringing in ears, and hearing loss); however, the letter did not explain why those injuries "do not warrant an award of the PH." c. Regarding reappointment from a special branch to a basic branch, the applicant was promoted to MAJ effective 1 November 2010. On 13 September 2013, he requested a conditional release from SF to a special branch (i.e., the Medical Service Corps (MSC)), contingent upon his admission to the Uniformed Services University of the Health Sciences (USUHS) program leading to a doctoral degree (Ph.D.) in clinical psychology. His request included a statement to remain in SF branch if he was not admitted to the program and included the endorsement of the U.S. Army. On 20 March 2014, the USUHS notified the applicant of his acceptance in the Ph.D. program. (1) Department of Defense (DoD) regulations required the U.S. Army to administratively reduce the applicant in rank from MAJ to CPT. This was accomplished through a Secretary of Defense (SecDef) appointment of the applicant, on 13 June 2014, in the rank of CPT with a DOR of 10 January 2012. (2) The applicant was disenrolled from the USUHS program (unrelated to his conduct or performance) effective 2 March 2015. He requested return to SF branch. On 2 September 2015, the SecDef reappointed him in the SF branch in the grade of CPT (O-3) and HRC transferred him to SF effective 29 September 2015. (3) In response to a Freedom of Information Act/Privacy Act request, the applicant received information (an email message exchange between the Appointment Scrolls Manager and HRC officials) that revealed the applicant should have been reappointed to SF (basic branch) as a MAJ, but was scrolled for CPT based on an incorrect special branch to basic branch scrolling. (a) On 23 December 2015, in response to a request from the SF Branch for a status update on the applicant's re-scrolling action, the HRC Appointment Scrolls Manager explained that the request was denied because the applicant's action was processed after he was "flipped back to SF." (b) An HRC official attempted to correct the error through re-scrolling to MAJ and the Deputy Chief of Staff (DCS), G-1, supported the effort, but the Office of the SecDef (OSD) returned the action because the applicant had already been reappointed back to his original basic branch. d. Counsel provides information pertaining to pertinent statutes and regulations that are summarized in the References section below. e. Counsel notes that DoD Instruction (DoDI) 1310.02 (Original Appointment of Officers) does not discuss the grade to which an officer should be reappointed in his/her basic branch after voluntarily withdrawing from an Army Medical Department (AMEDD) course of study that required reappointment to a lower grade, as was the situation in the applicant's case. f. Counsel concludes by stating the applicant's case satisfies the criteria for entitlement to award of the PH. First, the suicide bomber who detonated the explosion was an "enemy opposing force" and "hostile foreign force" in Iraq; second, the explosion was the product of the opposing enemy force; third, the tearing of the applicant's tympanic membrane was a physical wound from an outside force; and fourth, the wound was treated by an Army medical officer and the treatment was made a matter of official record. He notes the HRC standard that was applied to the applicant's injury regarding its "severity" was unauthorized and the governing Army regulation includes "concussion injuries caused as a result of enemy generated explosions" as an example of enemy-related injuries which justify award of the PH. He adds the injury is also considered a traumatic injury. g. Counsel further concludes that the Army's failure to re-scroll the applicant for the grade of rank of MAJ (O-4) in the SF branch was an error and injustice. The applicant was promoted to MAJ effective 1 November 2010 and served until 13 June 2014. (1) He was administratively reduced to CPT upon transfer to the MSC based on the Army's policy to balance an officer's prior commissioned service (experience and skills) and the need to adjust rank within the medical profession specialty so the rank is commensurate with experience within that specialty. (2) The rationale for the reduction in rank ceased when the applicant ended his USUHS studies and returned to SF branch. It was HRC's intention to re-scroll the applicant into SF branch as a MAJ, not as a CPT; however, HRC has no authority to correct an appointment from the scrolling process. h. The applicant and his counsel respectfully request the Army Board for Correction of Military Records (ABCMR) grant the relief requested. 3. Counsel provides copies of 89 enclosures that he identifies and refers to in his 12 page letter, dated 30 August 2016, submitted on behalf of the applicant. 4. On 21 October 2016, counsel submitted a supplemental letter to amend the relief requested. He stated, due to errors in the applicant's military records that are the subject of this application to the ABCMR, the applicant submitted an unqualified resignation to be effective 1 March 2017. If the applicant's unqualified resignation is approved, as expected, he will be transferred to the Reserve Component (RC) of the U.S. Army, where he plans to continue his Army service. a. The applicant's contention in his original application was that he was erroneously reassigned from the MSC to SF branch in the rank of CPT (O-3), where he should have been reassigned as a MAJ (O-4). HRC has acknowledged the error, which it is hopeful the ABCMR will correct. b. Counsel requests the ABCMR resolve the applicant's application before the applicant's anticipated date of separation from the RA by allowing the applicant to begin his RC service as a MAJ (O-4) instead of as a CPT (O-3). c. Counsel provides a copy of the applicant's unqualified resignation with endorsements. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer, in the rank of 2LT (IN), on 2 June 2001. 2. HRC, Alexandria, VA, Orders Number 294-091, dated 20 October 2004, announced the applicant's promotion to the grade of rank of CPT (IN) with a DOR of 1 November 2004. 3. HRC, Fort Knox, KY, Orders Number 295-024, dated 22 October 2010, announced the applicant's promotion to the grade of rank of MAJ (SF) with a DOR of 1 November 2010. 4. A DA Form 71 (Oath of Office – Military Personnel) shows the applicant was appointed in the RA (MSC), in the grade of CPT (O-3), on 13 August 2014. 5. USAREC Form 1306 (Department of the Army Service Agreement, F. Edward Hebert Armed Forces USUHS for the Post-Graduate Clinical Psychology Program) shows the applicant entered the USUHS program in return for an active duty service obligation of not less than 7 years upon graduation from USUHS, unless sooner released. The applicant, USUHS Program Manager, and a witness signed the form on 14 August 2014. 6. DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health) Services Officers) shows the applicant was credited with 6 years, 7 months, and 6 days of prior active commissioned service (for the period 2 June 2001 through 14 August 2014) and he qualified for appointment in the grade of rank of CPT (O-3). a. It also shows the credit required for grade was 4 years; the credit in excess of that required for grade was 2 years, 7 months, and 6 days; and the entry grade was limited by Army regulation. b. The request for constructive credit was disapproved by the Office of The Surgeon General on 26 August 2014. 7. HRC, Fort Knox, KY, Orders Number 243-002, dated 31 August 2015, announced the applicant's promotion status and shows he was appointed in the grade of rank of CPT (MSC) with an Active DOR (ADOR) of 10 January 2012. 8. In support of the application counsel provides, in pertinent part, the following additional documents. a. Documents related to and in support of the applicant's request for award of the PH (Enclosures 1 through 58). The documents show the applicant submitted his requests for the PH with supporting documents, including, in pertinent part: (1) Headquarters, U.S. Army SF Command (Airborne), Fort Bragg, NC, memorandum, undated, subject: Letter of Lateness for Award Submission for the PH for [Applicant] signed by Major General MSR [with a coversheet showing it was submitted in 2009] and a DA Form 2823 (Sworn Statement), completed by CPT DAU, on 14 January 2010. The documents describe an incident that occurred in the DFAC, FOB Marez, Mosul, Iraq, on 21 December 2004, when an insurgent detonated a suicide vest. The applicant's hearing was somewhat degraded at the time. The request was submitted late because the applicant requested his name be removed from the original list of names submitted for award of the PH. (2) On 21 February 2010, the Chief, Awards and Decorations Branch, HRC, disapproved the request for award of the PH based on the absence of medical documentation describing the required medical treatment administered at the time. (3) On 19 March 2010, the Chief, Awards and Decorations Branch, HRC, returned the request for award of the PH due to lack of required documentation. (4) Office of the Deputy Chief of Staff, G-3/5/7, Washington, DC, memorandum, dated 26 February 2013, subject: Event Narrative for the PH application for [Applicant], that describes the incident that occurred in the DFAC, FOB Marez, Mosul, Iraq, on 21 December 2004, when an insurgent detonated a suicide vest and the applicant sustained a perforated tympanic membrane as a result of the force of the blast. (a) Audiograms administered on the following dates: * 3 October 2002 (reference Audiogram for those that follow) * 14 September 2004 (shows results after referenced Audiogram) * 7 March 2005 (shows results after 21 December 2004 incident) * Audiograms administered on 28 November 2005, 15 February 2007, 25 April 2008, 12 February 2009, 28 September 2010, and 3 January 2013 (b) Chronological Records of Medical Care that show: * on 13 January 2010 – * "1. Tympanic membrane [TM] perforation, right ear. This note is to confirm injury to [applicant] sustained on or around 19 December 2004. [Applicant] presented to me with approximately 15-20% perforated right TM after involvement in blast from enemy elements. He was neurologically intact and exam was otherwise unremarkable. Injury was treated with non-steroidal otic drops and time, per verbal guidance of [Battalion] Surgeon." * "2. Injury Due to War Explosion Improvised Explosive Device." * Signed by MDM, Physician Assistant, 555th Engineer Brigade Surgeon, 1734 hours, 13 January 2010 * on 11 January 2014, history of hearing grossly WNL [within normal limits] with SNHL [sensorineural hearing loss] isolated to high frequencies on the left ear (5) On 4 December 2015, the Chief, Soldier Programs and Services Division, HRC, disapproved the request for award of the PH as "this particular event does not meet the statutory guidance in accordance with AR 600-8-22 [Military Awards], paragraph 2-8h, items (12) and (16)." (6) Two medical professional articles, along with an editorial, on traumatic perforation of the tympanic membrane. The treatment, in pertinent part, shows the ear should be kept dry and that routine antibiotic ear drops are unnecessary. However, prophylaxis with oral broad-spectrum antibiotics or antibiotic ear drops is necessary if contaminants may have entered through the perforation as occurs in dirty injuries. (7) A review of all of the documentation provided failed to reveal a contemporaneous medical record that shows the applicant was treated by a medical officer for an injury sustained on 21 December 2004. This review also failed to reveal a copy of a casualty report for the 21 December 2004 incident. b. Documents related to and in support of the applicant's request for reinstatement in the RA (SF branch) in the rank of MAJ (O-4) that include his: (1) USUHS enrollment/disenrollment (Enclosures 59 – 74) that show: * on 18 November 2013, he requested conditional release for branch transfer from SF to MSC, if selected for the Army Clinical Psychology Doctoral Program * on 20 March 2014, he was selected for admission to the Clinical Psychology-Military Track Ph.D. Program (2014-2015 academic year) * on 13 June 2014, the SecDef appointed the applicant in the grade of CPT in the RA (MSC) * on 5 August 2015, the Assistant Vice President for Academic Records/University Registrar, USUHS, approved the applicant's disenrollment from the Graduate Education, Clinical Psychology Program (2) RA scroll appointment in the grade of CPT (O-3) based on being accessed from special branch to basic branch (Enclosures 75 – 78) that show: * on 21 August 2015, the DCS, G-1, recommended approval * on 2 September 2015, the SecDef approved his appointment in the grade of CPT in the RA (earliest date: 30 September 2015) (3) email messages (dated 23 October 2015, 2 February, and 7 June 2016) pertaining to his RA scroll appointment (Enclosures 79 – 80). They show the HRC Appointment Scrolls Manager's attempted to re-scroll the applicant for appointment in the grade of MAJ in the RA (SF branch) based on transfer from special branch to basic branch because he previously held the grade (O-4). HRC and the DCS, G-1, supported the correction; however, OSD returned the requested re-scrolling action because the applicant had been reappointed back to his original basic branch. REFERENCES: 1. AR 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations. Chapter 2, paragraph 2-8, governs award of the PH. a. The version (dated 25 February 1995) with an effective date of 28 March 1995, and in effect at the time of the injury under review, in pertinent part, shows the PH is awarded to any member who, while serving under competent authority in any capacity with one of the U.S. Armed Services, has been wounded or killed, or who has died or may hereafter die after being wounded: (1) In any action against an enemy of the United States. (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (4) As a result of an act of any such enemy of opposing armed forces. (5) As a result of an act of any hostile foreign force. (6) After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack. (7) After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force. (8) A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. (9) Subparagraph 2-8b(4) (Examples of enemy-related injuries which clearly justify award of the PH), in pertinent part, lists the following example, "Concussion injuries caused as a result of enemy generated explosions." b. The version (dated 11 December 2006) with an effective date of 8 July 2007, shows in subparagraph 2-8g (Examples of enemy-related injuries which clearly justify award of the PH) and, in pertinent part, the following example, "Concussion injuries caused as a result of enemy generated explosions." c. The version (dated 25 June 2015) with an effective date of 25 July 2015, shows in paragraph 2-8h (Examples of injuries or wounds which clearly do not justify award of the PH) and, in pertinent part, the following examples (at the enumerated items): * "(12) Hearing loss and tinnitus (for example: ringing in the ears)." * "(16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth)." 2. U.S. Code (USC), Title 10: * section 101 (Definitions), subsection (b)(10), shows the term "original", with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member's most recent appointment in that component that is neither a promotion nor a demotion * section 531 (Original appointment of commissioned officers), subsection (a)(2), shows original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, and Regular Marine Corps and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate. * section 533 (Service credit upon original appointment as a commissioned officer), subsection (a) – * For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade (other than a warrant officer grade) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, such person shall be credited at the time of such appointment with any active commissioned service (other than service as a commissioned warrant officer) that he performed in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service before such appointment. * The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military department concerned to limit the amount of prior active commissioned service with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsection (b) or (g). 3. DoDI 1310.02 (Original Appointment of Officers) establishes policy, assigns responsibilities, and provides procedures for the original appointment of individuals, enlisted members, and officers as Regular or Reserve commissioned or warrant officers in or to the grades O-6 and below. Enclosure 4 (Original Appointments), paragraph 1, in pertinent part, shows in: * subparagraph a, there are other circumstances that require an original appointment, including: (1) an Army officer transferring from a basic branch to a special branch, from a special branch to a basic branch, or between special branches. * subparagraph d, grade determinations for original appointments will be in accordance with DoDIs 1310.01 [Rank and Seniority of Commissioned Officers], 1312.03 [Service Credit for Commissioned Officers], and 6000.13 [Accession and Retention of Health Professions Officers]. 4. DoDI 6000.13 (Medical Manpower and Personnel), dated 30 June 1997 and in effect at the time of the applicant's appointment in the MSC, shows in Section 6 the procedures for determining the entry grade credit to be given to officers of the health professions. Paragraph 6.1.1.2 addresses prior commissioned service credit. Paragraph 6.1.1.2 provides that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded one-half-day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer. The purpose of the constructive service and prior commissioned service credit is to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experienced required at specific rank levels of each health profession. 5. AR 614-100 (Officer Assignment Policies, Details, and Transfers) prescribes policies and procedures pertaining to the assignment, reassignment, details, and transfers of officers between commands, units, branches, specialties, and components of the Active Army, or between external military organizations. Chapter 4 (Transfers), paragraph 4-2 (Voluntary branch transfers), shows officers serving on the Active Duty List transferring between any Army Competitive Category (ACC) branch and a special branch (Judge Advocate General, Chaplain, or AMEDD) or between the special branches must be reappointed on active duty. Such reappointment is accomplished by the Department of the Army, HRC Reserve Appointments Branch. The submission of a resignation or request for release from active duty or the initiation of a separation action prior to the acceptance of a new appointment is not required by this regulation. Acceptance of the new appointment will negate the original. Such actions may be accomplished without a break in active duty service. Both the ACC and special branch must approve all transfers. Transfers into an AMEDD branch may require a constructive credit (grade) determination. Should such determination be required, action will be processed by U.S. Army Recruiting Command. DISCUSSION: 1. The contention that the applicant should be awarded the PH based on an injuries sustained, on 21 December 2004, in the DFAC of FOB Marez, Mosul, Iraq, when a suicide bomber detonated a device was carefully considered. a. The fact that the applicant's name was removed from a list of names of other personnel who were killed or wounded on 21 December 2004 and entitled to award of the PH is not in dispute. b. There is/are no contemporaneous medical record(s) that show(s) the applicant required and received treatment by a medical officer on 21 December 2004 for an injury or wound he sustained on that date (e.g., concussion injury, perforated tympanic membrane, etc.). c. There is no evidence of a casualty report pertaining to the applicant for the incident under review. d. There are no orders or other evidence that show he was awarded the PH. e. On 13 January 2010, a physician assistant created a medical record to confirm an injury the applicant sustained "on or around 19 December 2004" that was reported as "Tympanic membrane perforation, right ear" and that the injury was "treated with non steroidal otic drops." f. On 21 February 2010, the applicant's request for award of the PH was disapproved based on the absence of a medical record documenting the required medical treatment administered at the time. g. On 4 December 2015, the applicant's request for reconsideration of his request for award of the PH was disapproved because the event does not meet the statutory guidance in accordance with AR 600-8-22, paragraph 2-8h, items (12) and (16). h. It is acknowledged the examples of injuries the HRC official referenced in the letter (i.e., hearing loss, tinnitus, and soft tissue injuries), which do not justify award of the PH, were promulgated effective 25 July 2015. However, this does not mean these types of injuries did not justify award of the PH prior to that date; they simply were not previously listed as examples. i. The Army regulation shows the PH award criteria is continually revised/ updated to provide additional clarifying information to commanders and staff officers that pertains to award of the PH based on ever-changing enemy threats and warfare, technological advancements in weaponry, and a Soldier's protective equipment, and also advances in modern medical diagnoses and treatments. j. In any event, the evidence of record is absent a contemporaneous medical record or casualty report that documents that the injury/wound required medical treatment and the treatment that was administered at the time. 2. Records show the applicant was promoted to the grade of rank of MAJ (SF) in the RA on 1 November 2010. a. On 20 March 2014, he was selected for admission to the Clinical Psychology-Military Track Ph.D. Program, USUHS. The governing regulations required administrative reduction to the grade of CPT (O-3). b. On 13 June 2014, the SecDef appointed the applicant in the grade of CPT in the RA (MSC). c. His disenrollment from the USUHS was approved on 5 August 2015. d. HRC submitted the applicant's name to the SecDef for appointment in the grade of CPT (SF) in the RA and the DCS, G-1, recommended approval. However, this appointment action was administratively incorrect because the applicant was being transferred from the MSC (special branch) to the SF (basic branch) and he had previously satisfactorily held the grade of MAJ (SF) in the RA. e. On 2 September 2015, the SecDef approved the applicant's appointment in the grade of CPT (SF) in the RA. f. HRC and the DCS, G-1, attempted to correct the applicant's appointment to show appointment in the grade of MAJ (SF) in the RA. However, the OSD returned the action because the applicant had already been reappointed to his basic branch. 3. The Department of the Army does not have the statutory authority to correct an appointment scrolling action that has been approved by the SecDef. As such, the ABCMR cannot direct correction of the applicant's military service records as pertains to his grade of appointment (SF branch) in the RA. However, the Board may recommend that, if his unqualified resignation is approved with transfer to the U.S. Army Reserve, HRC submit his name to the SecDef for appointment as a Reserve commissioned officer of the Army (in a basic branch) in the grade of rank of MAJ (O-4). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015424 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015424 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2