ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 April 2019 DOCKET NUMBER: AR20170012662 APPLICANT REQUESTS: reconsideration of * an adjustment to her Date of Rank (DOR) * rank change from Second Lieutenant (2LT) to First Lieutenant (1LT) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * promotion memo to 1LT * DD Form 1059 (Service School Academic Evaluation Report) * DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) * DA Form 1506 (Statement of Service- for Computation of Length of Service for Pay Purposes) * DA Form 71 (Oath of Office – Military Personnel) x 2 * Order C-08-112015 Reassignment in the Reserve * Order B-11-207433 Reassignment in the Reserve * Order T-03-301889 Ordered to Active Duty for Training * Order A-05-307572 Ordered to Active Duty in the Grade of Rank Shown Above for the Period Shown in Active Duty Commitment below * Order 043-001 Promotion Orders to 1LT * Order 048-001 1LT DOR Change * Order T-03-301889A01 Order Amendments * Order B-11-207433 Promotion in the USAR to 1LT effective 16 November 2012 * Memo Subject: Appointment as a Reserve Commissioned Officer to the Army Under Title 10, USAC 22201 and 12203 * Email dated 9 August 2017 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130019503 on 18 June 2014. 2. The applicant states she needs her DOR and rank to be changed based on her promotion in the Reserves. She came into active duty as a 2LT instead of a 1LT which is what her promotion in the Reserves is for. This is a resubmission for the same issue. She further states she was promoted 16 November 2012 in the US Army Reserves. She was then accepted in to USAGPAN and went into Active Duty Regular Army. She was promoted in the Reserves and the promotion was not reflected in her accession to the Regular Army. She received information from accession and promotions stating her scroll number and informing her she needed to have her DOR adjusted. 3. A review of the applicant's records show * 27 July 2011 - she commissioned in the United States Army Reserves as a Second Lieutenant in the Nursing Corp * 16 November 2012 - Order B-11-207433 shows she was promoted to 1LT in the United States Reserves * 12 March 2013 - Order T-03-301889 shows the applicant was ordered to active duty, rank listed on her orders as 1LT * 6 May 2013 - the applicant received a DA Form 1059 (Service School Academic Evaluation Report) for AMEDD 6-8 –C20B (BOLC RC) Class 133 2013, showing her as a 1LT * 22 May 2013 - orders A-05-307572 show the applicant assigned to Company D 187th Student, Fort Sam Houston, TX as a 2LT * 29 May 2013 - a DA Form 71 (Oath of Office- Military Personnel) was signed appointing the applicant as a 2LT in the Nursing Corp, Regular Army * 12 February 2015 - order Number 043-001, promoted the applicant to 1LT in the Regular Army with Date of Rank 17 December 2014 * 17 February 2016 - order Number 048-001 shows the applicant's date of rank to 1LT was amended from 17 December 2014 to 28 May 2013 4. The applicant provided an email from Chief AC/RC Board Support from Officer Promotions at the U.S. Army Human Resources Command (HRC) showing: * the applicant needed to go to Accessions to set her records straight * in 2014 ARBA denied her application based on false information * the applicant was promoted in the Reserve Component based on an approved scroll signed 1 January 2011; the scroll OSD number is OSD14-96811 * she should be appointed into the Active Component as a 1LT with the DOR 16 November 2012 5. On 30 October 2017, an advisory opinion was provided to Army Review Board Agency from HRC, Chief AC/RC Officer Promotions Board Support showing: * Office of Promotion reviewed applicant's records, determined request has merit * applicant was appointed to 2LT in Reserve Component (RC) Army Nurse Corp (AN) on 27 July 2011 with 2 months 11 days constructive credit granting her a date of rank 17 May 2011 * applicant was scrolled to 1LT as a RC AN officer on 11 January 2012, with effective date of rank 16 November 2012 * applicant entered active duty 28 May 2013, so she should have accessed as a 1LT, the highest grade held based on her promotion in the RC * recommendation that applicant, Record of Award of Entry Grade Credit (Health Services Officer) be corrected to show in block 30 1LT/ HGH and block 35 date of rank 16 November 2012 6. The applicant was provided with a copy of this advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She did not respond. 7. The applicant petitioned the Board previously to correct her date of rank for 1LT to be adjusted and her appointment rank in the Regular Army be corrected to show she was appointed as a 1LT on 29 May 2013. On 18 June 2014, the Board denied her request due to insufficient evidence since there was no scroll for her promotion to 1LT. Accordingly, her promotion orders (HRC Orders B-11-207433, dated 16 November 2012) were published without legal authority and should be revoked. According to the Department of Defense Instructions (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers), officers transferring between Services or between components of a Service will be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer before the new appointment. 8. 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. 9. 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. 10. Army Regulation 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: (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). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the HRC advisory finding that the request had merit, the Board recommended that applicant’s record be corrected: Record of Award of Entry Grade Credit (Health Services Officer) be corrected to show in block 30 1LT/ HGH and block 35 date of rank 16 November 2012 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by reflecting: * Rank: “1LT” * Date of Rank: “16 November 2012” X 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. Department of Defense Instructions (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers), ENTRY GRADE: a. A person granted prior commissioned service credit or constructive service credit and placed on the AD list or the Reserve active status list of a Military Department may have an entry grade determined by comparing the entry grade credit established in accordance with section 1 of this enclosure to the currently established promotion phase points of the Military Department and officer category concerned. (1) Entry grade credit in excess of the minimum years of entry grade credit required to establish a specific grade but less than the amount necessary to justify the next higher grade will be used to adjust the date of the entry grade. (2) The maximum entry grade for a person receiving an original appointment as a Regular medical or dental officer is O-6. (3) The maximum entry grade for a person being appointed as a Reserve officer is O-4 unless the person was formerly a commissioned officer of a Military Service or such an appointment is recommended by a board of officers convened by the Secretary concerned. b. Officers transferring between Services or between components of a Service will be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer before the new appointment. 2. Army Regulation 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: (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).