ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160012120 APPLICANT REQUESTS: * correction of his Date of Rank (DOR) for promotion to first lieutenant (1LT) * adjustment of all back pay and allowances APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD * DD Form 149e (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 6 November 2007 * DA Form 597-3 (Army Senior Reserve Officers Training Corps (ROTC) Scholarship Cadet Contract), dated 6 November 2007 * Memorandum, Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, United States Code (USC), Sections 591, 593, 2104, 2106 and 2107, dated 10 May 2014 * University of Wyoming, Doctor of Pharmacy Degree Certificate, dated 10 May 2014 * DA Form 71 (Oath of Office - Military Personnel), dated 10 May 2014 * DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer), dated 25 June 2016 * Colorado pharmacist licenses * Army Regulation (AR) 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) FACTS 1. The applicant states in effect, he did not have a DA Form 5074-1-R completed awarding him constructive credit for completing his Doctor of Pharmacy and therefore, did not have the correct DOR. His progression as an Army officer has been halted due to the lack of the DA Form 5074-1-R and he is not eligible for the captain’s board without the document. His military records were not completed properly due to his ROTC packet not being processed through the proper channels upon his graduation from the University of Wyoming on 10 May 2014. His career counselor discovered his packet was sent directly to the U.S. Army Human Resources Command and was processed as a traditional ROTC graduation rather than as an AMEDD officer. Per his 1. discussion with his career counselor, his packet should have been processed through U.S. Army Recruiting Command (USAREC) to process a DA Form 5074-1-R showing his constructive credit for completing his Doctor of Pharmacy and providing documentation for his advancement to 1LT. His DA Form 71 is the only document showing his advancement to 1LT. 2. A review of the applicant’s service record shows the following: * 6 November 2007; enlisted in the U.S. Army Reserve as a ROTC scholarship cadet * 10 May 2014: * appointed as a Reserve commissioned officer in the rank of 1LT and executed an oath of office without concurrent call to active duty * Doctor of Pharmacy degree conferred upon him * Colorado Department of Regulatory Agencies Division of Professions and Occupations showing he is an active licensed/credentialed pharmacist as of 31 October 2015 3. The applicant provides: * DD Form 4, showing he enlisted in the USAR ROTC cadet scholarship program * DA Form 597-3, showing he enlisted under the ROTC scholarship cadet contract to commence on 27 August 2007 and end on 15 May 2011 with an academic major of pre-pharmacy at the University of Wyoming * Memorandum, showing he was appointed as a USAR commissioned officer and assigned to the Medical Service Corps in the rank of 1LT * DA Form 5074-1-R, showing in Part 2 (Prior Active Commissioned Service Credit), item 26 (Total Constructive Credit) 4 years, item 28 (Total Entry Grade Credit) 4 years, item 30 (Grade for Which Credit Qualifies) 1LT/O-2, item 35 (DOR) 10 May 2014 * Colorado license showing an active pharmacist license effective 1 November 2015 – 31 October 2017 * AR 135-101 providing details for Reserve commissioned officer policy, procedure, and eligibility criteria 4. In the processing of this case and advisory opinion was obtained from USAREC. A USAREC official stated: a. After a review of the accession record pertaining to the applicant it was the opinion of their office his record of award of entry grade credit (Health Services Officer) DA Form 5074-1-R should be corrected to reflect a DOR that includes his credit in excess of that required for the grade in accordance with AR 135-101. He completed a Doctor of Pharmacy from the University of Wyoming on 10 May 2014. He commissioned on 10 May 2014 as indicated on DA Form 71 signed on that day. a. b. According to Department of Defense Instructions (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers) section 6.1.2.2.1, four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D). As indicated on his award of entry grade credit (Health Services Officer) DA Form 5074-1-R, dated 25 June 2016, he was awarded 4 years of credit for the completion of his doctoral degree. c. AR 135-101 , paragraph 3-2, states 3 years or more, but less than 7 years has an entry grade credit of 1LT. The promotion phase in points for entry grade determination in 2014 was seven years for the Reserve Component. It was not until 13 August 2015 that Army Directive 2015-32 (Changes to the Grade Determination System for AMEDD Officers) directed the entry grade of Reserve officers would be the same as the criteria for Regular Army officers. This change would not apply to the applicant as he commissioned prior to 13 August 2015. d. Per AR 135-101 , paragraph 3-2a, the applicant required three years of entry grade credit for the grade of 1LT. He had a credit in excess of that required for the grade of one year, which should have been deducted from his date of entry on active duty on 10 May 2014, making his DOR 10 May 2013. 5. The applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments/respond. He did not respond. BOARD DISCUSSION After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based on the applicant’s request and supporting documentation a U.S. Army Recruiting Command official opined; the applicant should have been given 4 years constructive credit for promotion to 1LT based upon his completion of his Doctor of Pharmacy Degree. His promotion orders should be corrected and he should be entitled to back pay and allowances. BOARD VOTE Member 1 Member 2 Member 3 X X X Full Grant : : : Partial Grant : : : Formal Hearing Grant : : : Deny 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: * revoking orders promoting him to 1LT effective 10 May 2014 * issuing orders promoting him to 1LT effective 10 May 2013 * paying him all back pay and allowances effective with his promotion to 1LT * placing his records before a Special Selection Board for U.S. Army Reserve promotion consideration to the rank/grade of captain (CPT)/O-3 based on Fiscal Year 2015 4/12/2019 CHAIRPERSON Signed by: 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. REFERENCES 1. AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the AMEDD.\ a. Paragraph 3-1 states grade and DOR upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. b. Paragraph 3-2 states the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase points shown below: 2. (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers) states constructive credit is awarded to a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as a health professions officer. The designation will be to the same grade and DOR comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education. Constructive service credit will only be used to determine initial grade, rank in grade, and service in grade for promotion eligibility. 3. AR 600-8-29 (Officer Promotions) prescribes the officer promotion function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support officer promotions. Chapter 7 provides for Special Selection Boards (SSBs). a. Paragraph 7-2 states SSBs may be convened under Title 10, U.S. Code, section 628, to consider or reconsider commissioned or warrant officers for promotion when Headquarters Department of the Army discovers one or more of the following: a. (1) An officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error. (2) The board that considered an officer from in or above the promotion zone did not have before it some material information (SSB discretionary). 4. The Army Board for Correction of Military records (ABCMR) may not appoint an officer to a higher grade. That authority is reserved for the President and has not been delegated below the Secretary of Defense. 5. The ABCMR may correct an officer's DOR/effective DOR when a proper appointment has already occurred. a. Title 10 USC, sections 624 and 741 provide for situations in which properly appointed officers are provided "backdated" DOR and effective dates to remedy errors or inequities affecting their promotion. The authority to remedy these errors or inequities is given to the Service Secretaries. b. DODI 1310.01 (Rank and Seniority of Commissioned Officers) provides that a Service Secretary may "adjust the DOR of an officer appointed to a higher grade if the appointment of that officer to the higher grade is delayed by unusual circumstances." c. What constitutes "unusual circumstances" will, generally, be for the Board to determine based on the available evidence, which often includes an advisory opinion. d. There may be cases (specifically correction of constructive credit that affects original appointment grade) where relief is not possible because an appointment to a higher grade has not yet occurred. In those cases, the Board should be advised of the limits of its authority. The Board may also be advised that the applicant can submit a request for reconsideration after he or she has been appointed to a higher grade.