IN THE CASE OF: BOARD DATE: 7 February 2022 DOCKET NUMBER: AR20200010023 APPLICANT REQUESTS: adjustment of his time in grade (TIG) for pay grades O-4 major (MAJ) and O-5 lieutenant colonel (LTC). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 20100930 * DA Form 71, 22 June 2012 * MAJ promotion order * DA Form 5074-R * Orders B-08-806615 * Orders RC-259-0009 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 he separated from active duty on 30 September 2010 in the grade/rank or O-4/MAJ with 3 years and 76 days TIG/rank. On 22 June 2012 he entered into the US Army Reserve in the grade/rank of O-4/MAJ with only 1 month, 8 days credit TIG/rank. He realized that he was given constructive credit for previous education and military service. However, he is petitioning the Board to readjust his TIG for MAJ and LTC and receive credit earned while serving in the same grade/rank of O-4 /MAJ during previous active duty. He realized that this has been more than 3 years since this occurrence, however, he learned during a deployment to Iraq (2019) from fellow officers in his unit that he should have received credit for previous TIG when he was active duty upon entering into the same grade/rank as a reserve officer. 3. The applicant provided Orders RC-259-0009 issued by US Army Installation Management Command, Fort Bliss, TX on 16 September 2019. 4. A review of the applicant’s service records shows: a. He was appointed as a Reserve Commissioned Officer on 17 June 1997. He served in the Medical Corps (MC). b. He received his Doctor of Medicine from the University of Arizona on 12 May 2001. c. He entered active duty as a Regular Army commissioned officer on 15 June 2001. d. He completed a categorical internship in general surgery from 1 July 2001 until 30 June 2002. He also completed a residency in otolaryngology from 1 July 2002 until 30 June 2006. d. He was promoted to MAJ/O-4 with an effective date and DOR as 15 June 2007. e. He was honorably released from active duty on 30 September 2010, in accordance with paragraph 3-5 (unqualified resignation) of Army Regulation 600-8-24 (Officer Transfer or Discharges). He completed 9 years, 3 months, and 16 days of active service this period. His DD Form 214 shows in * Item 4a (Grade, Rate or Rank): MAJ * Item 4b (Pay Grade): O04 * Item 12i (Effective Date of Pay Grade): 2007|06|15 h. He had a break in service from 1 October 2010 until 21 June 2012. i. He executed an oath of office and was commissioned as a Reserve Commissioned Officer on 22 June 2012. j. DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) shows: * Credit for Basic Qualifying Degree: 4 years * Credit for Internship: 1 year * Credit for Graduate Professional Education: 4 years * Credit for Professional Experience: 8 months and 21 days * Prior Active Commissioned Service Credit: 4 years, 4 months, and 17 days * Total Constructive Credit: 9 years, 8 months, and 21 days * Total Prior Service Credit: 4 years, 4 months, and 17 days * Total Entry Grade Credit: 14 years, 1 month, and 8 days * Grade for which credit qualifies: MAJ/O-4 * Credit required for grade: 14 years * Credit in excess of that required for grade: 1 month and 8 days * Date of Entry on Active Duty: 20120622 * Less Excess Credit: 1 month and 8 days * Date of Rank: 20120514 (14 May 2012) k. He was ordered to active duty in support of Operation Enduring Freedom on 9 June 2017 until 19 September 2017. His DD Form 214 shows he completed 3 months and 11 days of active service this period. It also shows: * Item 4a (Grade, Rate or Rank): MAJ * Item 4b (Pay Grade): O04 * Item 12i (Effective Date of Pay Grade): 2012|05|14 l. Orders B-08-806615, issued by U.S. Army Human Resources Command, Fort Knox, KY on 20 August 2018 shows he was promoted to LTC with an effective date and DOR as 11 July 2018. m. He was ordered to active duty in support of Operation Inherent Resolve on 14 September 2019 until 28 December 2019. His DD Form 214 shows he completed 3 months and 15 days of active service this period. It also shows: * Item 4a (Grade, Rate or Rank): LTC * Item 4b (Pay Grade): O05 * Item 12i (Effective Date of Pay Grade): 2018|07|11 5. During the processing of his case an advisory opinion was provided by Headquarters, U.S. Army Reserve Command, Fort Knox, KY. The advisor opined: a. After careful review of the record pertaining to the applicant, it is the opinion of this office that the applicant’s date of rank (DOR) to MAJ is correct. The applicant’s prior active commissioned service credit (CSC) is 04-04-17 (4 years, 4 months and 17 days), total constructive credit at 09-08-21 (9 years, 8 months, and 21 days), total prior service credit (same as CSC) is 04-04-17 (4 years, 4 months, and 17 days), total entry grade credit at 14-01-08 (14 years, 1 month, and 8 days), and credit required for the grade of MAJ is 14-00-00 (14 years) are correct as listed on the DA Form 5074-R. An adjustment to his date of rank is not necessary. b. The grade determination policy for AMEDD Army Reserve officers was aligned to correspond with the Regular Army policy on 13 August 2015, per Army Directive 2015- 32, Changes to the Grade Determination System for Army Medical Department Officers. Under this policy a credit required for grade of MAJ is 10-00-00 for Medical Corps officers in all COMPOs; however, the applicant was appointed prior to the effective date of Army Directive 2015-32, therefore the change does not apply. c. The applicant’s credit calculations are based on the following: * Doctor of Medicine degree, 25 August 1997 – 2 May 2001, 04-00-00 * Internship, 1 July 2001 – 30 June 2002, 01-00-00 * Residency/Fellowship, 1 July 2002 – 30 June 2006, 04-00-00 * Professional Experience/TN License, 1 October 2010 – 13 March 2012, 00-08-21 d. The applicant was promoted to MAJ while on active duty with a DOR of 15 June 2007. He separated from the active duty Army on 30 September 2010. He was commissioned into the Army Reserve on 22 June 2012 and appointed as a MAJ with a date of rank of 14 May 2012. e. The date of rank is calculated by subtracting the credit required for grade (block 39 of the DA 5074-R) from the total entry grade credit; the excess credit amount is then subtracted from the date of appointment, yielding the DOR. The credit required for grade of MAJ on the applicant’s DA 5074-R is 14-00-00 in accordance with Army Regulation (AR) 135-101, Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches, paragraph 3-1, dated 15 February 1984, which stated the maximum entry grade credit for appointment in the Army Reserve for Medical Corps officers is 14 years (14-00-00 for block 39 of the DA 5074). The applicant had an excess credit amount of 00-01-08, which was subtracted from his date of appointment (22 June 2012), yielding a DOR for MAJ of 14 May 2012. 6. The applicant was provided a copy of the advisory opinion and provided an opportunity to respond. He did not respond. 7. By regulation, AR 135-101, Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches, paragraph 3-1, stated the maximum entry grade credit for appointment in the MC or DC is 14 years. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record, Headquarters, U.S. Army Reserve Command advisory and regulatory guidance. The Board concurred with the advisory in that the applicant’s date of rank (DOR) to MAJ is correct. Based on the preponderance of evidence available for review, the Board determined that relief was not warranted. 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. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-101, Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches, paragraph 3-1, stated the maximum entry grade credit for appointment in the MC or DC is 14 years. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200010023 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1