ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:   July 2020

		DOCKET NUMBER:  AR20180010912


APPLICANT REQUESTS:

*	amendment of his date of rank to major/O-4
*	retroactive adjustment of back pay to account for the difference in pay between 
the ranks/grades of captain/O-3 and major/O-4 during the period 31 July 2017 
through 8 March 2020

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Orders A-04-700443, U.S. Army Human Resources Command (HRC), dated 
6 April 2017
*	Order 417-096-SG6-10, HRC, dated 6 April 2017
*	DA Form 71 (Oath of Office – Military Personnel), dated 31 July 2017
*	DA Form 5074-4R (Record of Award of Entry Grade Credit (Medical and Dental 
Officers)), dated 26 September 2017
*	Congressional Nomination for Regular Appointment, (Applicant), dated 
2 December 2017
Email, Chief, Operations Team, Officer Accessions Branch, HRC, dated 13 June 2018, 
subject:  Follow Up – (Applicant), Regular Army Captain Versus Regular Army 
Major 
 
REFERENCES: 
 
1.  Department of Defense Instruction 6000.13 (Accession and Retention 
Policies, Programs, and Incentives for Military Health Professions Officers) provides that 
a prospective health profession officer's entry-grade credit awarded on original 
appointment will equal the sum of constructive service credit and prior commissioned 
service credit for service other than as a commissioned warrant officer up to the 
maximum credit allowed, no more than that required for an original appointment to the 
grade of O-4.  Credit for prior service as a commissioned officer will be granted to 
recognize previous commissioned experience, while maintaining cognizance of the level 
of professional knowledge, skill, and experience required at specific grade levels of 
each health profession.  Credit will be awarded equitably and consistently. 
 
2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
policies and procedures for correction of military records by the Secretary of the Army 
acting through the Army Board for Correction of Military Records (ABCMR).  The 
ABCMR's jurisdiction under Title 10, U.S. Code, section 1552, extends to any military 
record of the Department of the Army and grants authority to direct or recommend 
changes in military records to correct the error or injustice, if persuaded that material 
error or injustice exists and that sufficient evidence exists on the record. 
 
3.  Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the 
Regular Army) provides policy and procedures for appointing commissioned and 
warrant officers in the Regular Army.  Special eligibility requirements and procedures 
are prescribed for selecting and appointing commissioned offices to the Army Medical 
Department in the Regular Army.  The Surgeon General will determine acceptability of 
credentials. 
 
FACTS: 
 
1.  The applicant states his entry-grade credit from the U.S. Army Reserve to the 
Regular Army was not calculated until after he entered active duty.  As a result, his date 
of rank to major/O-4 should be amended to 31 July 2017. 
 
	a.  He has contacted HRC to make the necessary corrections. 
 
	b.  Documentation submitted for a new scroll was approved by the Senate on 
2 December 2017.  His initial accession order should be amended to reflect an entry 
grade of major/O-4 instead of captain/O-3. 
 
2.  On 4 November 2008, the applicant was serving in the U.S. Army Reserve in the 
rank/grade of captain/O-3.  HRC Orders C-11-818873, dated 4 November 2008, 
reassigned him to the U.S. Army Reserve Control Group (Officer Active Duty Obligor) 
effective 31 October 2008. 
 
3.  His initial DA Form 5074-R, dated 5 March 2012, shows his total entry-grade credit 
as 4 years, 10 months, and 14 days.  This credit qualifies him for the rank/grade of 
captain/O-3. 
 
4.  On 5 April 2017, HRC Orders A-04-700443 ordered the applicant to active duty effective 
31 July 2017 for the purpose of accepting a Regular Army appointment in the 
rank/grade of captain/O-3. 
 
5.  On 31 July 2017, he executed an oath of office and accepted appointment in the 
Regular Army Medical Corps in the rank/grade of captain/O-3. 
 
6.  His DA Form 5074-4R, dated 26 September 2017, shows his total entry-grade credit 
as 10 years and 24 days.  This credit qualifies him for the rank/grade of major/O-4. 
 
7.  His records show his nomination for Regular appointment to the rank/grade of 
major/O-4 was confirmed by the Senate by voice vote on 2 December 2017 in the 
115th Congress (2017-2018). 
 
8.  He provided an email from the Chief, Operations Team, Officer Accessions Branch, 
HRC, dated 13 June 2018, subject:  Follow Up – (Applicant), Regular Army Captain 
Versus Regular Army Major, wherein he stated HRC is working to correct his record and 
reflect his appropriate and scrolled Regular Army rank of major/O-4 with an effective 
date of 2 December 2017. 
 
9.  HRC Order 417-096-SG6-10, dated 6 April 2017, appointed him in the Regular Army 
Medical Corps in the grade of major/O-4 effective upon execution of the oath of office. 
 
10.  On 9 March 2020, he executed an oath of office and accepted appointment in the 
Regular Army Medical Corps in the rank/grade of major/O-4. 
 
11.  His DA Form 5074-4R, dated 19 March 2020, shows his total entry-grade credit as 
12 years, 8 months, and 24 days.  This credit qualifies him for the rank/grade of 
major/O-4. 
 
12.  HRC Orders Number 079-912, dated 19 March 2020, promoted him to the 
rank/grade of major/O-4.  His active date of rank is shown as 30 June 2017. 
 
13.  The HRC memorandum, dated 19 March 2020, subject:  Advisory Opinion – 
(Applicant), states the applicant's petition to the ABCMR to correct his erroneous entry 
grade upon accession in the Regular Army by amending and ratifying his initial scroll for 
appointment to reflect the grade of major/O-4 upon placement on the Active Duty List 
beginning 31 July 2017 has been partially accommodated. 
 
	a.  Health Services Division (HSD) has taken the steps necessary to reappoint the 
applicant to the grade of major/O-4 and adjust his active date of rank to 30 June 2017. 
 
	b.  Because his entry-grade credit was incorrect, HSD has made changes within 
their scope of authority to include: 
 
		(1)  verified approval of a reappointment scroll in the Regular Army to the 
rank/grade of major/O-4 and prepared a reappointment order; and 


		(2)  corrected his DA Form 5074 to support his reappointment in the Regular 
Army as a Medical Corps officer effective 9 March 2020 by awarding him 12 years, 
8 months, and 13 days of entry-grade credit. 
 
	c.  However, HSD cannot amend his initial accession order to reflect an entry grade 
of major/O-4 because the Department of the Army is not processing ratification scrolls. 
 
	d.  In this circumstance, the ABCMR possnce, the ABCMR possesses the authority 
to authorize back pay to account for the difference in pay between the grades of 
captain/O-3 and major/O-4 beginning 31 July 2017 through 8 March 2020.  Additionally, 
the ABCMR may direct DFAS to make payment.

14.  Tpplicant, dated 31 March 2020, subject:  AR201800, states he received a copy of 
the HRC advisory opinion.  His rank and date of rank have been corrected and he is 
awaiting correction by DFAS with the resulting back pay. 
 
 
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
there is sufficient evidence to grant relief.  The Board found that HRC has already 
amended the applicant’s date of rank to major/O-4.  Accordingly, the Board agreed that 
the applicant is entitled to retroactive adjustment of back pay to account for the 
difference in pay between the ranks/grades of captain/O-3 and major/O-4 during the 
period 31 July 2017 through 8 March 2020. 


BOARD VOTE: 
 
Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL XLIX 
 
X:	:	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 
the Army records of the individual concerned be corrected by

1.  retroactively adjusting the back pay to account for the difference in pay between the 
ranks/grades of captain/O-3 and major/O-4 during the period 31 July 2017 through 
8 March 2020.

2.  DFAS paying him the back pay due.


	 
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.

ADMINISTRATIVE NOTE(S):  not applicable.

//NOTHING FOLLOable. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) 	AR20180010912


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