ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180014643 APPLICANT REQUESTS: Correction of her record to show her Date of Rank (DOR) as 12 May 2012 instead of 17 June 2014. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Forms 71 (Oath of Office Military Personnel), dated 23 February 2009 and 17 June 2014 * Orders Number 118-612, dated 28 April 2009 * DA Forms 5074-1-R, (Record of Award of Entry Grade Credit (Health Services Officers)), dated 28 October 2009 and 10 October 2012 * DA Form 61 (Application for Appointment), dated 24 March 2014 * Email correspondence FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (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, prior to entering into the U.S. Army Reserves (USAR), she was promoted to the rank/grade of captain (CPT)/O-3 in the Army National Guard (ARNG) on 12 May 2012 and upon in processing to the USAR she believes an error was made. 3. A review of the applicant’s official records show the following on: * 23 February 2009 – the applicant was appointed as a Reserve commissioned officer in the Nevada ARNG and executed an oath of office * 28 October 2009 – DA Form 5074-1-R was completed showing the following in: * section A (Credit for Basic Qualifying Degree), item 5 (Title of Degree) Bachelor of Science * section B (Credit for Advanced Education Beyond Basic Qualifying Degree), part 3 (Computation of Entry Grade and DOR), item 30 (Grade for Which Credit Qualifies) second lieutenant (2LT)/O-1 * 9 August 2012 – DA Form 5074-1-R was completed showing the following in: * section A, item 5, Doctor of Dental Surgery – Dentistry * section B, part 3, item 30, CPT, item 31 (Credit Required for Grade) 4 years, item 35 (DOR), 12 May 2012 * 17 June 2014 – the applicant was appointed as a Reserve commissioned officer in the USAR in the rank of CPT * 2 July 2014 – DA Form 5074 was completed showing the following in: * Part 2 (Prior Active Commissioned Service Credit): * item 28 (Uniformed Service and Status) ARNG CPT, Dental Corps * item 29 (Inclusive Dates) 23 February 2009 – 8 April 2014 * Part 3 Computation of Entry Grade and DOR) * item 38 (Grade for which Credit Qualifies) CPT current grade held * item 39 (Credit Required for Grade) 4 years * item 41 (Date of Entry on Active Duty) 17 June 2014 * item 43 (DOR) 17 June 2014 * 6 August 2014 – Orders Number 218-641, issued by the Office of the Adjutant General, honorably separated the applicant from the ARNG for assignment in another uniform service, effective 16 June 2014 * 11 August 2014 – Special Orders Number 222, issued by the National Guard Bureau, withdrew the applicant’s federal recognition 4. The applicant provides: * Orders Number 118-612, issued by the Office of the Adjutant General showing the applicant was NVARNG for pay, training and administration * DA Form 61, showing the applicant applied for a commission in the USAR, indicating her source of commissioning was in the ARNG as a direct appointment * email correspondence wherein the applicant attempted to resolve the discrepancy in her DOR and was informed to apply to the Board for correction 5. Army Regulation (AR) 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) 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. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. Table 3-1 allows 4-years of constructive credit for a Doctor of Dental Surgery degree. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her DOR as shown on a 9 August 2012 – DA Form 5074-1-R, her transfer to an appointment in the USAR in 2014 and the July 2014 DA Form 5074 reflecting a different DOR. The Board found no error in DOR shown on the August 2012 DA Form 5074-1-R and found no reason why that DOR should change based on the applicant’s transfer to the USAR. Based on a preponderance of evidence, the Board determined that an error occurred and a correction to the applicant’s DOR was warranted. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 the Army records of the individual concerned be corrected by amending the 2 July 2014 – DA Form 5074 in the applicant’s record to show the following in: * Part 3 Computation of Entry Grade and DOR) * item 43 (DOR) “12 May 2012” 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 ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) 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. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. Table 3-1 allows 4-years of constructive credit for a Doctor of Dental Surgery degree. ABCMR Record of Proceedings (cont) AR20180014643 4 1