IN THE CASE OF: BOARD DATE: 24 September 2021 DOCKET NUMBER: AR20210005521 APPLICANT REQUESTS: Correction of his original active duty orders, his initial appointment orders, and original Oath of Office to show his entry rank/grade as first lieutenant (1LT)/O-2. 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), dated 27 October 2020, with a self- authored statement and submissions marked in sections 1 - 5. * Section 1 Administrative Data, Officer Assignment Instructions (3); Officer Appointment Orders; Officer Active Duty Orders; Officer Oath of Office 11 June 2019, and Officer Record Brief * Section 2 Record of Award of Entry Grade Credit: * DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers) * Memorandum to Department of the Army Public Health Command-Atlantic, dated 9 March 2020 * Department of Defense Instruction (DODI) 1312.03 (Entry Grade Credit for Commissioned Officers and Warrant Officers) * Section 3: Academic Records: Official Undergraduate Transcript and Official Graduate Transcript * Section 4: 72D Job Description and Requirements Environmental Science and Engineering Officer (72D) Overview of Duties and Requirements * Section 5: U.S. Army Human Resources Command (HRC) and Date of Rank Committee Correspondents * Date of Rank Committee requesting officially signed DA Form 5074 * LTC Tucker explaining the need to file an application with the Army Review Boards Agency * HRC Personnel Explaining the date of rank determination process * Date of Rank Committee at HRC Requesting Amended Active Duty Orders assessing him as a 1LT * Secretary of the Army Approved Regular Army Appointment Orders appointing him as a MSC 1LT FACTS: 1. The applicant states: a. He was commissioned into the Active Duty Army on 10 May 2019 and was appointed to the Medical Service Corps (MSC) as an Environmental Health and Engineering Officer (72D). His initial appointment was at the rank/grade of second lieutenant (2LT)/(O-1). b. Upon arrival at the Army Medical Department (AMEDD) Basic Officer Leaders Course; he noticed that other Environmental Health and Engineering Officers held the initial grade of 1LT. The Environmental Health and Engineering Officers that held the initial grade of First Lieutenant had Masters Degrees that allowed them to obtain initial constructive credits towards that rank. c. He also held a Master's Degree in Public Health that would have allowed him the opportunity of initial constructive credit towards the rank of 1LT. After consulting the 72D human resource coordinator and 72D counselor; it was determined that his undergraduate degree was used during the accessions process but his Master's in Public Health degree was not utilized for initial constructive credits using the appropriate procedures listed within DA Form 5074-1-R. He utilized the Health Service Directorate to obtain an officially signed copy of the DA Form 5074-1-R granting him initial constructive credit. d. The HRC Date of Rank Determination Committee requested he obtain a correction of his original active duty orders, Secretary of the Army approved Regular Army appointment orders, and original Oath of Office to reflect the initial grade of 1LT, to reflect the initial constructive credit that was grated to him by the Health Service Directorate for his graduate level degree that go beyond the initial requirements of being accessed as an Environmental Health and Science Officer 2. The applicant entered the Reserve Officer Training Corps on 14 August 2017 at Georgia Southern University Armstrong Campus with a completion date of 5 May 2019. The college transcripts provided shows he completed the educational requirements for both a Bachelor of Science (BS) degree and a Master's of Science degree in Public Health. 3. He was appointed as a Regular Army commissioned officer in the rank of 2LT in the Medical Service Corps, on 17 April 2019. 4. The applicant entered active duty on 10 June 2019, executed an oath of office on 11 June 2019, and commenced the Basic Officer Leadership Course on 25 August 2019 in the rank of 2LT. 5. The applicant requested a reevaluation of his initial rank and service credit on 9 March 2020 based on his completion of a Master's of Science in Public Health and in accordance with DODI 1312.03. 6. A DA Form 5074-1-R, dated 23 September 2020, shows the applicant was granted 2 years of service credit for his completion of a Master's Degree in Public Health. He was granted an entry rank of 2LT. 7. Headquarters, U.S. Army Human Resources Command Fort Knox, KY Orders Number 328-137, dated 23 November 2020, shows the applicant was promoted to 1LT with a Date of Rank (DOR) and an effective DOR of 25 November 2020. 8. Headquarters, U.S. Army Human Resources Command Fort Knox, KY Orders Number 175-021 (amended the above orders), dated 24 June 2021, shows the applicant was promoted to 1LT with a DOR of 8 December 2018 and an effective DOR of 25 November 2020. A copy of these orders have not been included in the applicant's Official Military Personnel File. 9. An advisory opinion was obtained from HRC, Chief, Health Services Division on 6 July 2021. The officer providing the opinion states in part: a. The applicant should have been awarded two years' constructive service credit toward his entry grade upon appointment in the Regular Army to the Medical Service Corps. His entry grade should have been 1LT with an additional six months' credit applied toward his DOR. His DOR to 1LT should have been 8 December 2018. b. The applicant, however, was inexplicably appointed in the Regular Army to the Medical Service Corps in the grade of 2LT on 11 Jun 2019.Unfortunately, HRC cannot amend his accession order because no appointment authorization for 1LT existed upon his entry on active duty on 11 June 2019. c. HRC, however, as a partial accommodation amended his subsequent promotion order by changing his DOR to 1LT from 25 November 2020 to 8 December 2018; i.e., the DOR to 1LT he would have had if properly appointed in the Regular Army upon his initial accession on 11 June 2019. The ABCMR, however, does possess the authority to remedy this injustice by authorizing back-pay to account for the difference in pay between the grades of 2LT and 1LT beginning 11 June 2019 through 24 November 2020 and to further direct the Defense Finance and Accounting Service to make payment. d. His adjusted DOR to 1LT placed him in the area of consideration for promotion on the Fiscal Year 2021 Captain's AMEDD board, which convened 16 March 2021. e. A copy of the determination was also sent to the Officer Promotions Branch for comment on how to properly request a Special Selection Board. 10. A copy of the advisory opinion was sent to the applicant with no further comments being received from him. 11. The ABCMR may change the applicant's Army records as related to his initial appointment orders, his original active duty orders, and his Oath of Office. However, his effective DOR is determined in conjunction with the Secretary of Defense approval and as such while correction by the ABCMR must comport with other laws. The Board may not ignore a requirement contained in, or outcome dictated by, another statute. Typically, the ABCMR achieves this by changing an operative fact in the record, thereby making a correction in compliance with that statute. Where officer personnel issues are involved that require approval by the Secretary of Defense, the Board's hands are often tied. Consequently, any correction to an effective date of promotion would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board. BOARD DISCUSSION: The Board carefully considered the applicants request, supporting documents, evidence in the records, the applicant's statement, and record of service. Board members agreed with HRC's determination that the applicant should have been awarded two years' constructive service credit toward his entry grade upon appointment in the Regular Army to the Medical Service Corps. His entry grade should have been 1LT with an additional six months' credit applied toward his DOR. His DOR to 1LT should have been 8 December 2018. The applicant, however, was inexplicably appointed in the Regular Army to the Medical Service Corps in the grade of 2LT on 11 Jun 2019. Additionally, with an adjusted DOR to 1LT of 8 December 2018, the applicant would have been eligible for promotion consideration to CPT by the Fiscal Year 2021 Captain's AMEDD board, which convened 16 March 2021. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX: XX: XX: 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 showing: * He was commissioned into the Active Duty Army on 10 May 2019 in the rank/grade of first lieutenant (O-2) and with a date of rank as 8 December 2018 * After adjusting his entry grade and date of rank, promotion consideration to CPT by a special section board under the Fiscal Year 2021 Captain's AMEDD board, which convened 16 March 2021. 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, U.S. Code, section 1552, the statutory authority for the ABCMR, gives the Board broad authority to correct Army records to remove errors or to remedy an injustice; however, the authority granted by this statute is not unlimited. The ABCMR may only correct Army records. The Board has no authority to correct records created by the other Services or the Department of Defense. 2. DODI 1312.03 (Entry Grade Credit for Commissioned Officers and Warrant Officers) sets forth the policies and provisions for the award of entry grade credit. It states: a. Entry grade credit will be used to establish an appropriate original appointment grade and DOR relative to other officers in the same competitive category receiving an original appointment in accordance with DODI 1310.02 (Original Appointment of Officers). b. Paragraph 3.1b (Entry Grade and Promotion Phase Points) states a person granted entry grade credit in accordance with this instruction and placed on the active- duty list or Reserve active-status list of a Military Service will have an entry grade determined by comparing entry grade credit with the appropriate promotion phase points of the Military Service and competitive category concerned. Credit awarded that exceeds the amount used to establish the entry grade will be used to adjust the DOR. c. Paragraph 3.4 (Constructive Service Credit) states constructive service credit is awarded when commissioned service begins after the additional education, training, or experience required for appointment, designation, or assignment in a professional specialty or a specifically designated field is obtained. Constructive service credit provides a person the grade and DOR comparable to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree. (1) Constructive service credit will only be used to determine initial grade, rank in grade, and service in grade for promotion eligibility. (2) Constructive service credit awarded under this paragraph will be determined in accordance with these guidelines: (a) One year of constructive service credit will be awarded for each year of graduate level education to persons appointed, designated, or assigned in an officer category that requires such advanced education or an advanced degree as a prerequisite for appointment. The amount of credit awarded will not exceed the number of years the majority of institutions that award degrees in that field require for completion of the advanced education or award of the advanced degree. (b) Additional day-for-day credit not to exceed one year may be awarded for internships or equivalent graduate-level formal professional training required by the Military Service concerned for the professional specialty in which the person is being appointed, designated, or assigned. (c) Additional day-for-day credit not to exceed one year may be awarded for each additional year of graduate-level training or experience required for certification in a specialty required by the Military Service concerned. d. An officer is selected by a promotion advisory board/special selection board, the officer's date of rank and effective date for pay and allowances would be the same as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered, or that did consider, the officer. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20210005521 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1