IN THE CASE OF: BOARD DATE: 3 December 2009 DOCKET NUMBER: AR20090005458 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 restoration of her original date of rank (DOR) as an Ordnance Corps captain. 2. The applicant states she lost her DOR as a captain when she was appointed a first lieutenant in the Army Nurse Corps. She was reappointed an Ordnance Corps captain for deployment to Iraq and she believes her earlier DOR of 23 May 1996 should be restored. 3. The applicant provides, in support of her request, copies of her various appointment memoranda. CONSIDERATION OF EVIDENCE: 1. The applicant, a U.S. Army Reserve (USAR) Ordnance Corps officer, was promoted to captain with a DOR of 23 May 1996. 2. In January 2003, the applicant applied for the Reserve Component Health Care Professional Bonus Program and the Health Professional Loan Repayment Program. On 14 February 2003, she was appointed a USAR Army Nurse Corps officer. She was credited with 6 years, 10 months, and 1 day of prior service credit and was appointed a first lieutenant. On 7 August 2006, she was promoted to captain with that DOR. 3. In August 2008, she applied for appointment as an ordnance officer. She was reappointed a captain in the Ordnance Corps on 10 September 2008. 4. Army Regulation 135-100 (Army National Guard and Army Reserve- Appointment of Commissioned and Warrant Officers of the Army) provides in: a. paragraph 1-9(2) that officers and former officers will be appointed in the highest grade to which entitled under Title10, U.S. Code section 3359 and refers to Table 1-2; b. Table 1-2 that individuals with 3 or more years but less than 7 years of prior service credit will be appointed as first lieutenants; and c. subparagraph 2-1 that USAR officers are not authorized to branch transfer between a basic branch and a special branch, nor may they transfer between special branches or from a special branch to a basic branch. 5. During the processing of this case, on 14 September 2009, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, U.S. Army Human Resources Command, St. Louis, MO. The advisory official opined that the applicant's 7 August 2006 DOR was the only DOR that she was entitled to. 6. On 23 September 2009, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. No response was received. DISCUSSION AND CONCLUSIONS: 1. The applicant states she lost her DOR as a captain when she was appointed a first lieutenant in the Army Nurse Corps. She was reappointed an Ordnance Corps captain for deployment to Iraq and she believes her earlier DOR of 23 May 1996 should be restored. 2. The applicant was credited with prior service when she was appointed an Army Nurse Corps first lieutenant. Subsequently, she was promoted to captain with a DOR of 7 August 2006. 3. In accordance with the governing regulation, Army Regulation 135-100, the applicant was not eligible to transfer from the Ordnance Corps to the Army Nurse Corps or vice-versa. Both had to be original appointments and the rules that apply to prior service credit governed the establishment of her DOR. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 5. In view of the foregoing findings and conclusions, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20090011214 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005458 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1