ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 February 2021 DOCKET NUMBER: AR20180010204 APPLICANT REQUESTS: retroactive Date of Rank (DOR) to Captain (CPT)/O-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * College Transcript dated 30 August 2006 * Memorandum for Record (MFR) - Verification of Education Transcript dated 4 September 2006 * Certificate of Completion dated 8 August 2008 * DD Form 220 (Active Duty report) dated 8 October 2008 * Certificate of Completion dated 22 November 2008 * Special Order 325 AR dated 15 December 2008 * DA Form 1059 (Service School Academic Evaluation Report (AER)) dated 4 March 2009 * Special Order 100 AR dated 13 May 2010 * DA Form 5074-1-R (Record of Award of Entry Grade Credit) dated 11 October 2011 * Special Order 80 AR dated 8 March 2012 * DA Form 1059 dated 14 December 2012 * Masters of Physician Assistant Studies Diploma dated 20 December 2013 * Special Order 137 AR dated 30 May 2013 * DA Form 1059 dated 30 January 2014 * National Commission on Certification of Physician Assistance Certificate dated 6 March 2014 * MFR – Verification of Educational Transcripts dated 27 January 2015 * Special Order 195 dated 15 September 2016 * Email Communication FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that her DOR to CPT should be 15 July 2013 based on meeting time in grade requirements or 6 March 2014 when she obtained her Physicians Assistance (PA) license. She contends that she was eligible for promotion but her unit failed to submit her promotion packet. She was then advised that she was selected for promotion by the Department of the Army due to her length of service as a First Lieutenant (1LT)/O-2. However, she was later informed that this information was incorrect. She was submitted and selected a year later by a Unit Vacancy Promotion Board. 3. On 6 April 2001, she enlisted in the Georgia Army National Guard (GAARNG). 4. On 18 August 2006, she obtained a Bachelor of Science Degree in Biological Science. a. She provides a copy of her college transcript, dated 30 August 2006, reflective of the classes taken to obtain her Bachelor of Science Degree. b. She provides an MFR, Subject: Verification of Education Transcript, issued by the GAARNG Education Services Officer, on 4 September 2006, reflective of an Education Services Officer’s certification of being in receipt of the applicant’s original documentation as proof of previous award of a Bachelor’s of Science in Biological Science Degree. 5. She provides a certificate of completion, dated 8 August 2008, showing she attended Officer Candidate School Phase III at Fort McClellan, AL from 26 July 2008 to 8 August 2008 and successfully completed the course. 6. Orders 238-005, published by the GAARNG, on 25 August 2008, honorably discharged her from the ARNG and as a Reserve of the Army, effective 15 August 2008. 7. She provides a DD Form 220 (Active Duty report), dated 8 October 2008, showing Orders Number 273-312, published by the GAARNG, on 29 September 2008, authorized her entrance onto active duty. She served on active duty from 5 October 2008 to 23 November 2008. 8. She provides a certificate of completion, dated 22 November 2008, showing she attended and successfully the Basic Officer Leader Course Phase II, held at Fort Sill, OK, from 10 October 2008 to 22 November 2008. 9. Special Order 325 AR, published by the National Guard Bureau (NGB) on 15 December 2008, show she was granted Federal recognition for her initial appointment into the ARNG in the rank of Second Lieutenant (2LT) (Quartermaster (QM) Corp), effective 16 August 2008. 10. She provides an AER, dated 4 March 2009, showing she attended and successfully completed the QM Basic Officer Leader Course Phase III held at Fort Lee, VA from 1 December 2008 to 4 March 2009. 11. Special Order 100 AR, published by the NGB, on 13 May 2010, granted her Federal recognition for her promotion to the rank of 1LT (QM) with an effective date and DOR of 16 February 2010. 12. Her record contains an MFR, Subject: Verification of Educational Transcripts, dated 26 May 2011, showing the GAARNG acknowledged receipt of her official transcripts, issued by Georgia State University, stating she was awarded a Bachelor of Science degree in Biological Science, conferred on 18 August 2006. 13. On 11 October 2011 she was awarded 1 year 4 months and 29 days' worth of entry grade credit for her prior commissioned service. This entry grade credit was applied to the adjustment of her DOR to 2LT. 14. She provides a DA Form 5074-1-R (Record of Award of Entry Grade Credit), dated 11 October 2011, reflective of her being awarded 1 year 4 months and 29 days' worth of entry grade credit for her prior commissioned service in conjunction with her participation in the inter-service Physician Assistant Program (IPAP). This entry grade credit was applied to the adjustment of her DOR to 2LT to reflect 15 January 2010. 15. Special Order 80 AR, published by the NGB, on 8 March 2012, shows she was granted Federal recognition of her initial appointment at the rank of 2LT (Medical Specialist (SP) Corps) with an effective date of 14 June 2011 and a DOR to 2LT of 15 January 2010. 16. She provides an AER, dated 9 January 2013, showing she attended and successfully completed the IPAP course (Phase I), held at Fort Sam Houston, TX, between 22 August 2011 and 14 December 2012. 17. Special Orders 137-6, published by the NGB on 30 May 2013, granted her Federal Recognition as a 1LT (SP) with an effective date of 15 July 2011. 18. She provides a copy of her Masters of Physician Assistant Studies Diploma, for the University of Nebraska, dated 20 December 2013, reflective of her obtaining a Master of Physician Assistant Studies Degree. 19. She provides an AER, dated 30 January 2014, showing she attended and successfully completed the IPAP course (Phase II), held at Fort Sam Houston between 15 December 2012 and 30 January 2014. 20. She provides a National Commission on Certification of Physician Assistance Certificate, dated 6 March 2014, reflective of her successful completion of the Physician Assistant National Certifying Examination. 21. Order 027-873, published by the GAARNG, on 27 January 2015 show she was promoted by the State to the rank of CPT with an effective DOR of 26 January 2015. The additional instructions provide that she would be paid as a CPT/O-3 but the wearing of the rank insignia was not authorized until Federal recognition was confirmed. The authority for the promotion was National Guard Regulation (NGR) 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions). 22. She provides an MFR, Subject: Verification of Educational Transcripts, dated 27 January 2015, showing a GAARNG Education Services Officer’s certification of being in receipt of the applicant’s original documentation as proof of previous award of a Master’s Degree in Physician Assistant Studies on 20 December 2013. 23. Special Orders Number 195-31, published by the NGB on 16 September 2016, granted her Federal recognition, under the provisions of Title 32, U.S. Code, to CPT with an effective date and DOR of 16 August 2016. These orders also show her last name being changed from. 24. She provides email communication between herself and the GAARNG Medical Detachment AO, dated between 30 October 2017 and 3 November 2017. The email communications show: a. The applicant requested an adjustment of her DOR for CPT to 15 July 2013 or 6 March 2014. She explains that the unit to which she was assigned in 2014, failed to submit her for a unit vacancy promotion and she was told she would fall under a DA Select promotion. She waited 9-10 months for the results only to find she was not considered by the DA Selection Board because someone tried to submit another unit vacancy promotion packet. The Officer Promotion Branch (OPB) Chief at the time, called the NGB, and they told him to submit another unit vacancy promotion packet in early 2015. She was promoted in 2016. This email also lays out the time line of events addressed in the preceding paragraphs of this record of proceedings. b. GAARNG Medical Detachment AO informed the applicant that she spoke to the previous OPB Chief who stated the applicant should apply to the ABCMR. The OPB Chief advised that it was unlikely that the ABCMR would grant her the effective date that she was certified as a Physician's Assistant PA, but it is more likely the ABCMR would back date to the DA Selection date. The GAARNG informed the applicant of a point of contact she should touch base with to get a copy of her DA Selection memorandum. c. The applicant informed the GAARNG that she did not receive a DA Selection memorandum because she was submitted for the unit vacancy Board instead. 25. The applicant contends that her unit vacancy promotion packet was delayed, but there is no documentary evidence from the GAARNG or NGB to categorically affirm or deny this contention. a. NGR 600-100, paragraph 8-8 (Minimum years of promotion service) states a commissioned officer must complete a minimum of 2 years' promotion service years in lower grade (1LT) prior to being considered for promotion and Federal recognition in the higher grade of CPT. She was promoted to 1LT on 15 July 2011 and would have met the TIG requirements for promotion to CPT on or around 15 July 2013. b. NGR 600-100, paragraph 8-9 (Military education requirements) states that the minimum military education requirements for promotion to 1LT and CPT are officer basic course (OBC). She completed the QM OBC Phase III on 4 March 2009. However, her record does not contain evidence to show when she completed the AMEDD resident RC OBC, which is a requirement for promotion to CPT. c. She received a National Commission on Certification of Physician Assistance Certificate, dated 6 March 2014, showing she successfully completed the Physician Assistant National Certifying Examination. This is the date she was credentialed and could have met the minimum requirements for promotion. d. The state promoted her to CPT/O-3 on 26 January 2015 and the NGB subsequently granted her Federal recognition with an effective date and DOR of 12 August 2016. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted the applicant completed the QM OBC Phase III on 4 March 2009. However, her record does not contain evidence to show when she completed the AMEDD resident RC OBC, which is a requirement for promotion to CPT. She also received a National Commission on Certification of Physician Assistance Certificate, dated 6 March 2014, showing she successfully completed the Physician Assistant National Certifying Examination. This is the date she was credentialed and could have met the minimum requirements for promotion. Board members were unsure of her chain of command failed to submit her for a unit vacancy promotion or chose not to submit her for promotion. She then fell under a DA Select promotion. She was not considered by the DA Selection Board because her chain of command submitted or resubmitted another unit vacancy promotion packet. The state promoted her to CPT on 26 January 2015 and the NGB subsequently granted her Federal recognition with an effective date and DOR of 12 August 2016. In the absence of additional evidence from the NGB to explain what happened in her case, Board members found insufficient evidence to grant the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 3/29/2022 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Title 32 U.S. Code § 307 (Federal recognition of officers: examination; certificate of eligibility) provides: a. To be eligible for Federal recognition as an officer of the National Guard, a person must— (1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard; (2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and (3) except as provided in subsections (d) and (e) [below] of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title. b. The examination prescribed by subsection (a) [above]— (1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both; and (2) may be held before original appointment or promotion. c. If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to them a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition. d. Subject to subsection (a)(1) and (2) [above] and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. e. Federal recognition extended under subsection (d) [above] is effective from the date of appointment in the Army National Guard. 3. NGR 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions), in effect at the time, provides: a. Paragraph 2-1 states appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as a Reserve commissioned officers in the Army with assignment to the ARNG of the United States. b. Paragraph 2-3a states temporary Federal Recognition upon initial appointment and permanent Federal Recognition, in the case of promotion, establish the authorized grade to be used by all officers in their federally recognized status. c. Paragraph 3-1a.(19) (Applicants for appointment in the health professions and related specialties) provides for applicants for appointment in the health professions and related specialties. Each applicant for Federal recognition with assignment to the Army Medical Specialist Corps (SP) will submit evidence of professional education, appropriate current license, and evidence of qualifying experience as prescribed in AR 135-101 and/or AR 611-101. Requests for appointment will include a request for award of AOC required by the position the officer will occupy. d. Paragraph 3-5b (Categories requiring FRB action) - Reappointment. e. Chapter 6 (Branch Transfers, AOC, and Functional Area Designation/Redesignation) is authorized under Title 32, U.S. Code § 307. Paragraph 6-2 (Limitations) - states basic branch officers may apply for a new appointment as special branch officers under the provision of chapter 2 of this regulation provided they are educationally or professionally qualified. f. Chapter 8, Section I (Promotion for Other Than General Officers), paragraph 8-1 (Responsibility) states, the promotion of officers in the ARNG is a function of the State. As in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must have satisfied the requirements prescribed herein. g. Chapter 8, Section II (Promotion to fill unit vacancies), paragraph 8-7 (Eligibility for promotion) states, to be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG commissioned officer must-- (1) Be in an active status; (2) Be medically fit meet the height and weight standards; (3) Have completed the minimum years of promotion service indicated in paragraph 8-8, below; (4) Have completed the minimum military education requirements prescribed in paragraph 8-9, below; (5) Have completed the minimum civilian education requirements prescribed in chapter 9; and (6) Have passed an APFT within the time frame prescribed. An officer who has failed the APFT or failed to take the APFT should be flagged in accordance with AR 600-8-2 and is not eligible for Federal recognition. States will not promote a commissioned officer who is being considered by a HQDA Selection Board from the time the board convenes until its recommendations are announced. (1) Paragraph 8-3 (Promotion as a Reserve Commissioned Officer) provides that the effective date and Date of Rank (DOR) are established based on eligibility dates. Eligible Officers promoted by a Unit Vacancy Promotion Board will have the same effective date and DOR of promotion and are established when the scroll is approved. (2) Paragraph 8-7 (Eligibility for Promotion) provides that the State will not promote a commissioned officer who is the zone of consideration for a Headquarters, Department of the Army Selection Board if they are within 120 days of the convening date of the board. (3) Paragraph 8-8 (Minimum years of promotion service) states a commissioned officer must complete the following minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade: * 2LT to 1LT - a minimum of 3 years' promotion service years in lower grade * 1LT to CPT - a minimum of 2 years' promotion service years in lower grade (4) Paragraph 8-9 (Military education requirements) states that the minimum military education requirements for promotion to 1LT and CPT are Any officer basic course (OBC) equivalent Group Ill course listed in appendix E of this regulation. AMEDD officers, regardless of grade in which appointed, other than Specialized Training Assistance Program (STRAP) participants and MS officers with MFA 70 or AOC 67J, appointed on and after 1 June 1986 are required to complete the AMEDD resident RC OBC within 3 years after appointment to be eligible for promotion to CPT. 3. The ABCMR may correct an officer's date of rank/effective date of rank when a proper appointment has already occurred. a. Title 10 USC 624 and 741 provide for situations in which properly appointed officers are provided "backdated" dates of rank 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 (23 August 2013) provides that a Service Secretary may "adjust the date of rank 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 4. Army Regulation 135-155 (Army National Guard and US Army Reserve Promotion of Commissioned Officers and Warrant Officers) provides that to be eligible for consideration for promotion to the next higher grade, an ARNGUS or USAR officer must have continuously performed service on either the RASL or the ADL (or a combination of both lists) during the 1– year period ending on the convening date of the promotion board, and must meet the TIG requirements. ARNGUS and USAR officers will be considered for promotion in their competitive category only: Army Promotion List (APL, to include JA); Chaplains (CH); Army Nurse Corps (AN); Dental Corps (DC); Medical Corps (MC); Medical Service Corps (MS); Army Medical Specialist Corps (SP); and Veterinary Corps (VC). While on a promotion list resulting from a prior mandatory or position vacancy promotion board or approved for Federal recognition in the higher grade and nominated for Reserve promotion on that basis, an officer may not be considered for promotion by a subsequent mandatory or position vacancy promotion board. a. Paragraph 2-8 (Military Education Requirements) provides that to qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements not later than the day before the selection board convene date. The following applies in determining educational qualifications— (1) Equivalent credit for completion of a lower level course of study will be awarded by the proper selection board for enrollment and satisfactory participation in a course that is higher than that required. (2) To qualify, completion of the lower course must have been a prerequisite for enrollment in the higher course. The officer must also be enrolled and participating satisfactorily at the time of consideration. b. Paragraph 2-9 (Civilian Education Requirements) provides that effective 1 October 1995, no person may be selected for promotion to the Reserve grade of CPT unless, not later than the day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense (DOD) for purposes of meeting officer educational requirements. This requirement does not apply to a person who is appointed in a health profession for which a baccalaureate degree is not condition of original appointment or assignment. c. AMEDD officers are considered for promotion to fill vacancies within their respective branches and other branches within the AMEDD when permitted by regulation. Dental Corps and Veterinary Corps (VC) officers may be considered for promotion to CPT to valid CPT or MAJ vacancies within their respective corps. Medical Corps (MC) officers may be considered for promotion to valid MAJ vacancies within the MC. This is without regard to areas of concentration (AOCs). These officers must be in the grade of 1LT and be otherwise eligible. d. The effective date and date of promotion for officers selected for promotion to fill USAR position vacancies will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later. If not occupying the position, assignment of selectees to position vacancies will take place immediately on announcement of the results of the board. //NOTHING FOLLOWS//