IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160009232 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: 7 November 2017 DOCKET NUMBER: AR20160009232 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 corrected by showing her date of rank to first lieutenant (1LT) as 20 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: * correcting her records to show her effective date of promotion to 1LT as 20 June 2015 * paying her any back pay and allowances associated with such a change ___________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: 7 November 2017 DOCKET NUMBER: AR20160009232 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 her records to show she was promoted to first lieutenant (1LT) with an effective date and date of rank (DOR) of 20 June 2015 based on constructive service credit (CSC) she was granted for her professional experience and academic coursework. She further requests back pay and allowances resulting from this records correction. 2. The applicant states, in effect: a. She requests she be granted an adjusted DOR (ADOR) of 20 June 2015 and that she be paid back pay and allowances that result from her ADOR correction. She was promoted to 1LT effective 28 September 2015; however, her effective date and DOR do not account for the CSC she was granted. Her dates should be adjusted to 20 June 2015 based on her CSC. b. This was an administrative error as she was granted CSC upon commissioning for a DOR of 20 June 2015. Due to a filing error from the recruiting office, her CSC was overlooked and her promotion was delayed. 3. The applicant provides a copy of her DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer), dated 29 January 2015. CONSIDERATION OF EVIDENCE: 1. The applicant was awarded a Bachelor of Science (BS) in Nursing degree on 18 May 2013 from The Catholic University of America in Washington, DC. 2. A DA Form 5074-1-R was completed on 29 January 2015 in conjunction with the applicant's appointment in the Regular Army in the Army Nursing (AN) Corps. According to this form, her BS degree in nursing was considered to be her basic qualifying degree. She was not credited with any time for her basic qualifying degree. However, she was credited with 6 months of CSC for her post-baccalaureate education and 8 months and 3 days of CSC for her professional experience. The DA Form 5074-1-R further shows the following: * total CSC – 1 year, 2 months, and 3 days * total entry grade credit – 1 year, 2 months , and 3 days * grade for which credit qualifies – second lieutenant (2LT)/O-1 * credit required for grade – "00-00-00" * credit in excess of that required for grade – 1 year, 2 months, and 3 days 3. Orders A-02-500845, issued by the U.S. Army Human Resources Command (HRC) on 3 February 2015, ordered her to active duty with a report date of 23 February 2015. The orders further show that effective on her date of entry on active duty, she was appointed and placed on the Active Duty List (ADL) as a second lieutenant (2LT)/O-1, with her DOR to be adjusted based on CSC of 1 year, 2 months, and 3 days. 4. The applicant was appointed as a commissioned officer in the Regular Army on 23 February 2015, as a 2LT in the AN Corps, and she executed an Oath of Office and entered active duty on that same date. 5. Orders Number 047-001, issued by HRC on 16 February 2016, promoted her to 1LT effective 28 September 2015. These orders show her DOR as 28 September 2015. 6. The applicant's record is void of evidence that shows her DOR was properly adjusted in accordance with her granted CSC and HRC's instructions to adjust her DOR when she was ordered to active duty. 7. In the processing of this case, an advisory opinion was obtained on 20 June 2016 from the Director, Health Services Directorate, U.S. Army Recruiting Command (USAREC HSD), Fort Knox, KY. a. The advisory official found no errors awarding CSC to the applicant on the initial DA Form 5074-1-R. b. The advisory official noted that the Army Nurse Corps awarded her 1 year, 2 months, and 4 [sic] 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 (HPOs)). When she entered active duty, HRC would have computed her length of service and granted her DOR. c. Promotion to 1LT occurs when the required phase points are met. When the phase points are met, HRC scrolls the officer for promotion. Phase points, DOR, and/or promotions are not a function of USAREC HSD. 8. The applicant was provided a copy of the advisory opinion on 22 June 2016, for information and to allow her the opportunity to submit comments and/or a rebuttal. She did not respond. REFERENCES: 1. Department of Defense Instruction (DoDI) 6000.13 (Medical Manpower and Personnel), dated 30 June 1997 and in effect at the time, implemented policy, assigned responsibilities, and prescribed procedures to carry out medical manpower and personnel programs. a. Paragraph 6.1.2 provides that CSC is awarded to persons who begin their commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin their commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education. b. Sub-paragraph 6.1.2.2.5 provides that credit of one-half year of experience for each year, to a maximum of 3 years, may be granted for experience in a health profession if such experience is directly used by the military service concerned. c. Sub-paragraph 6.1.2.2.6 provides that additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of a Military Department or his respective designee. As determined by Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers. The amount of credit shall be one year for each year of special education or experience. 2. Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the Active Duty List. a. The active duty DOR of an officer receiving an original appointment as a Regular Army commissioned officer is the date the appointment is accepted unless the appointee was, at the time of appointment, a Reserve officer. Completion of OBC is not a requirement for promotion to 1LT of a Regular Army officer. b. The time in grade (TIG) required for promotion from 2LT to 1LT is 18 months. c. Promotion phase points are the timing of promotions to a grade expressed in terms of the length of time an officer will have served in the lower grade at the time of promotion to the higher grade. d. Entry grade credit is a period of time credited to a commissioned officer at the time of an original Regular Army appointment, which is used to establish am officer's grade and DOR in that grade at the time of that appointment. It includes constructive service credit awarded based on advanced education, training, or special experience. DISCUSSION: 1. The applicant requests correction of her records to show she was promoted to 1LT with an effective date and DOR of 20 June 2015 based on CSC she was granted for her professional experience and academic coursework. She contends her promotion to 1LT should be adjusted to 20 June 2015. 2. The applicant was awarded 1 year, 2 months, and 3 days of CSC on 29 January 2015 for completing her BS Nursing degree prior to her appointment. She was appointed as a commissioned officer in the Regular Army on 23 February 2015, in the rank/grade of 2LT/O-1. She executed an Oath of Office and entered active duty on that date. 3. The applicant's orders to active duty stated her DOR was to be adjusted based on the 1 year, 2 months, and 3 days of granted CSC. However, her promotion orders show that she was promoted to 1LT with an effective date and DOR or 28 September 2015. There is no evidence that shows her DOR was properly adjusted in accordance with her granted CSC and HRC's instructions to adjust her DOR following her entry on active duty. 4. An advisory official opined the applicant's CSC of 1 year, 2 months, and 3 days was properly computed; however, the advisory opinion does not address any subsequent DOR adjustment that would result in an earlier promotion eligibility date. 5. If properly adjusted following her appointment on 23 February 2015, her DOR to 2LT, when accounting for the 1 year, 2 months, and 3 days of granted CSC, should have been calculated as 20 December 2013. 6. Promotion from 2LT to 1LT requires 18 months TIG, which, if calculated from an ADOR of 20 December 2013, means she would have met the 18-month promotion criteria on 20 June 2015. 7. The effective date of promotion is established under law by Title 10, U.S. Code and is approved by the Secretary of Defense; this Board, acting under the authority of the Secretary of the Army, does not have the authority to change the effective date. However, for administrative purposes, such as TIG for promotion consideration, this Board may adjust an officer's DOR. Such an adjustment does not affect the effective date of promotion for the purpose of pay and allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009232 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2