ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  24 October 2022 DOCKET NUMBER:  AR20220001856 


APPLICANT REQUESTS: 

•Correction of his Date of Rank for Lieutenant Colonel (LTC)/O-5 based on hisrevised constructive credit to reflect 9 July 2015

•Promotion to colonel (COL)/O-6 to be effective July 2019 or July 2020

•A personal appearance before the Board



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)•Self-authored statement, 19 August 2022






•George Washington University, Master of Business Administration certificate,31 January 2009

•Secretary of the Army Memorandum, Subject:  Army Directive 2015-32,13 August 2015

•DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and DentalOfficers)), 11 July 2019

•Orders Number C-07-511175A01 issued by the U.S. Army Human ResourcesCommand (HRC), 30 July 2019

•Army Review Boards Agency letter, AR20160018379, 14 August 2019

•HRC Memorandum, Subject:  Special Selection Board Results Fiscal Year(FY) 17, 25 February 2020

•Orders Number B-02-000985 issued by HRC, 26 February 2020

•Clarkson University, Icahn School of Medicine at Mount Sinai, Master of Sciencecertification, 12 June 2020

•Certificate of Achievement, 1 October 2020

•Office of the Surgeon General Memorandum, Subject:  FY22 Active Component,Promotion Phase-In Points for Entry Grade Determination, 9 September 2021•Active Component Officer Career Timeline, undated






•Reserve Career Management System (RCMS) Automatic Record Brief,19 August 2022•Army Medical Department (AMEDD) Promotion Timing FY22, undated



FACTS: 

1.The applicant states that he is not requesting a promotion from major (MAJ)/O-4 toLTC/O-5. He maintains that his rank upon entry in the military should have been basedon his corrected constructive credit.

a.He was originally commissioned on 9 July 2015 with incorrect constructive creditwhich was corrected by the Army Review Boards Agency (ARBA) to reflect 19 years, 11 months, and 22 days of comparable time-in service. His case was presented before the FY17 special promotion board for LTC/O-5; however, with almost 20 years of constructive credit, his rank should not have been MAJ/O-4 upon commissioning. Any similarly qualified servicemember commissioned in the Army today would be awarded LTC/O-5 if their constructive credit was 19 years, 11 months, and 22 days. 

b.The HRC opinion failed to acknowledge current guidelines for time-in service inwhich 16 years is the requisite time required to achieve LTC/O-5. All newly commissioned Medical Corps Officer would be awarded LTC/O-5, but he was commissioned as a MAJ/O-4 despite having 19 years, 11 months, and 22 days in constructive time-in service credit. Based on current HRC time-in grade promotion guidance, his Date of Rank (DOR) for LTC/O-5 should be 5 years after the DOR for his MAJ/O-4 and should be corrected from 17 July 2009 to 17 July 2014. The current time-in grade for COL/O-6 would have made him eligible in July 2018 for a below the zone look for promotion. 

c.The ARBA decision corrected his DOR for MAJ/O-4 from the date of hiscommissioning to 9 July 2009, which would have made him eligible for LTC/O-5 in July 2015. He should be awarded the grade of COL/O-6 without having to go through another Special Selection Board for COL. His DOR for COL/O-6 should be no later than the 2020 calendar year based on the reasonable expectation that a fully qualified servicemember; with the requisite military education, board certified in his specialty, with a Master in Business Administration and a Master in Science in Bioethics, who was issued a 9A designator for exceptional professional service, and was serving as Division/Command Surgeon in an COL/O-6 role at the time; would have been selected either below, in-zone, or above the zone. 

2.The applicant's service record shows:

a.Headquarters, U.S. Army Recruiting Command Memorandum, Subject:Recommendation for Reserve of the Army Appointment, dated 23 June 2014, in which the applicant was recommended for appointment in the U.S. Army Reserve (USAR).  

•Area of Concentration – 62A (Emergency Physician)

•USAR Grade – MAJ

•Constructive Service Credit – 14 years, 0 months, and 0 days

•Constructive Service Credit Awarded – 9 July 2015



b.DA Form 71 (Oath of Office – Military Personnel), dated 9 July 2015,commissioned the applicant as a Reserve officer. 

c.DA Form 5074-R, dated 14 July 2015, granted the applicant 14 years for totalconstructive credits and total entry grade credit. 

(1)Basic qualifying degree:

•Date Granted – 19 May 1994

•Inclusive Dates – 10 September 1990 to 19 May 1994

•Name of Academic Institute – Columbia University, College of Physiciansand Surgeons

•Credit Awarded – 4 years, 0 months, and 0 days



(2)Credit for Internship:

•Where Performed – Lincoln Medical and Mental Health Center

•Inclusive Dates – 1 July 1996 to 30 June 1997

•Credit Awarded – 1 year, 0 months, and 0 days



(3)Credit for Graduate Professional Education:

•Type Training and Specialty – Emergency Medicine

•Inclusive Dates – 1 July 1997 to 30 June 1999

•Credit Awarded – 2 years, 0 months, and 0 days



(4)Credit for Professional Experience:

•Location of Practice – Fort Lauderdale, Florida

•Inclusive Dates – 1 July 1997 to 1 July 2005

•Credit Awarded – 3 years, 0 months, and 0 days



(5)Credit for Training or Experience in unusual Cases:

•Basis for Award – Additional work experience

•Inclusive Dates – 2 July 2005 to 23 June 2015

•Credit Awarded – 4 years, 0 months, and 0 days


•Justification for Classification as Unusual Case – Board Certified CriticalWartime Specialty



(6)Grade for which credit qualifies – MAJ.

(7)Date of Rank – 9 July 2015.

d.DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on6 April 2017, shows the applicant was honorably released from active. 

(1)Block 4a (Grade, Rate or Rank) – MAJ.

(2)Block 4b (Pay Grade) – O-4.

(3)Block 11 (Primary Specialty) – 62A/9B.

(4)Block 12a (Date Entered Active Duty This Period) – 7 October 2016.

(5)Block 12c (Net Active Service This Period) – 0 years, 6 months, and 0 days.

(6)Block 12e (Total Prior Inactive Service) – 1 year, 2 months, and 28 days.

e.DA Form 5074-R, dated 11 July 2019, granted the applicant 19 years, 11 months,and 22 days of constructive credit and total entry grade credit; and 5 years, 11 months, and 22 days of credit in excess of that required for grade. His DOR for MAJ was listed as 17 July 2009. 

f.Orders Number B-02-000985 issued by HRC, dated 26 February 2020, promotedthe applicant to LTC, effective on with a DOR of 24 July 2017. 

g.DD Form 214, ending on 30 July 2021, shows the applicant was honorablyreleased from active. 

(1)Block 4a (Grade, Rate or Rank) – LTC.

(2)Block 4b (Pay Grade) – O-5.

(3)Block 11; – 62A/9B.

(4)Block 12a – 20 March 2021.

(5)Block 12c – 0 years, 4 months, and 11 days.

(6)Block 12d (Total Prior Active Service) – 0 years, 6 months, and 0 days.

(7)Block 12e - 5 years, 2 months, and 11 days.

h.Orders Number B-10-205570 issued by HRC, dated 5 October 2022, promotedthe applicant to COL, effective 29 September 2022. 

3.The applicant provides:

a.George Washington University, Master of Business Administration certificate,dated 31 January 2009. 

b.Secretary of the Army Memorandum, Subject:  Army Directive 2015-32, dated13 August 2015, provided guidance on the change and implementation to the current entry grade determination for AMEDD Reserve commissioned Officers. Effective immediately, the criteria for determining the entry grade of Reserve Officer will be the same as the criteria for Regular Army. For Medical and Dental Corps Officers, U.S. Army Recruiting Command records entry grade credit awarded on DA Form 5074-1-R. 

c.Orders Number C-07-511175A01 issued by HRC, dated 30 July 2019, amendedOrders Number C-074-511175, dated 20 July 2015, to change the applicant's DOR from 9 July 2015 to 17 July 2009. 

d.ARBA letter, Docket Number AR20160018379, dated 14 August 2019, providedthe applicant with his DA Form 5074-R that corrected his constructive credit. He was informed that he was eligible for a LTC AMEDD Special Selection Board (SSB) and his case would be forwarded to HRC for action. 

e.HRC Memorandum, Subject:  SSB Results FY17, dated 25 February 2020,notified the applicant that he was selected for promotion to LTC by the SSB. 

f.Clarkson University, Icahn School of Medicine at Mount Sinai, Master of Sciencecertification, dated 12 June 2020. 

g.Certificate of Achievement, dated 1 October 2020, awarded the applicant the "A"Proficiency Designator for continued demonstration of exceptional professional ability. 

h.Office of the Surgeon General Memorandum, Subject:  FY22 Active Component,Promotion Phase-In Points for Entry Grade Determination, dated 9 September 2021, provided the promotion phase-in points table used as benchmarks in determining the appropriate entry grade for Active Component AMEDD officer appointments for First Lieutenant (1LT) through LTC only. 

i.RCMS Automatic Record Brief, dated 19 August 2022, shows in:

(1)Rank – LTC.

(2)Date of Rank – 24 July 2017.

(3)Section IV (Service Data) –

•Pay Entry Base Date – 9 July 2015

•Date of Initial Entry to Military Service – 9 July 2015

•Basic Date of Appointment – 9 July 2015

•Cohort Year – 2015

•Date of Rank – MAJ, 17 July 2009

•Date of Rank – LTC, 24 July 2017



j.AMEDD Promotion Timing FY22, undated, outlines the time-in for each grade andbranch; specifically, the Medical Corps: 

•LTC – 16 years

•MAJ – 10 years

•Captain (CPT) – 4 years

•1LT – 1 year and 6 months



4.In the processing of this case, an advisory opinion was obtained from HRC, OfficerPromotions Board Announcements, Support and Promotion Orders on 11 August 2022.The advisory official denied of the applicant's request. It states:

a.Army Board for Correction of Military Records (ABCMR) DirectiveAR20160018379 corrected the applicant's prior DA Form 5074-R by awarding 19 years, 11 months, and 22 days of constructive credit. This allowed his appointment as MAJ with a 5 year, 11 month, and 22 day credit toward his MAJ DOR. The adjusted DOR on the corrected DA Form 5074-R was 17 July 2009. Nonetheless, he was appointed as a Medical Corps MAJ, effective 9 July 2015. 

b.The earliest time in which an officer may be considered for promotionconsideration after being placed on the Reserve Active Status List is 1-year after appointment in accordance with Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Chapter 
2-6, provided zone of consideration criteria announced in the respective PersonnelServices Branch Military Personnel message is met. Nonetheless, the aforementionedABCMR directive ordered a SSB under the criteria of the FY17, Reserve Component,LTC, AMEDD, Medical Corps, Personnel Services Branch. He was recommended andpromoted with a DOR of 24 July 2017; which was the approval date of the board and the earliest date allowed in accordance with AR 135-155, Chapter 4-15. 

c.His appointment/assessment rank is not a promotion issue to correct. If hecontinues to believe that an injustice still stands in relation to his constructive credit and rank upon placement on the Reserve Active Status List, he may revisit USAR Command's Health and Services Division with any additional proof it may require for a more favorable outcome in accordance with AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches). 

6.The advisory opinion was provided to the applicant to afford him the opportunity torespond to its content. He did not respond.

BOARD DISCUSSION: 

1.The applicant's request for a personal appearance was carefully considered. In thiscase, the evidence of record was sufficient to render a fair and equitable decision. As aresult, a personal appearance before the Board is not necessary to serve the interest ofequity and justice in this case.2.After reviewing the application, all supporting documents and the evidence foundwithin the military record, the Board determined that relief was not warranted. TheBoard carefully considered applicant’s contentions, military record and regulatoryguidance. Evidence of record shows that the applicant’s request for a correction to hisdate of rank to Lieutenant Colonel (LTC)/O-5, had been previously granted; therefore,the Board took no further action.  The Board reviewed the Human Resource CommandAdvisory and concluded that the applicant has not exhausted all his options regardinghis request and should contact USARC’s Health and Services Division. Based on thepreponderance of evidence available for review, the Board determined the evidencepresented insufficient to warrant a recommendation for relief.














BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX: :XXX :XXX 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. 


Microsoft Office Signature Line...



ADMINISTRATIVE NOTE(S):  N/A. 

REFERENCES: 

1.Army Regulation (AR) 15-185 ABCMR prescribes the policies and procedures forcorrection of military records by the Secretary of the Army, acting through the ABCMR.The ABCMR may, in its discretion, hold a hearing or request additional evidence oropinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to ahearing before the ABCMR. The Director or the ABCMR may grant a formal hearingwhenever justice requires.

2.AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment toArmy Medical Department Branches) provides policies, eligibility requirements, andprocessing procedures for the appointment of AMEDD officers with or withoutconcurrent call to active duty.

a.Paragraph 3-1 (Entry grade credit for Reserve appointment grade determination)states the 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. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon-appointment or assignment will be recorded on DA Form 5074-R for Medical Corps. Computation will be completed at the U.S. Army Medical Department Personnel Support Agency and will be approved by the Procurement Program Manager. The maximum entry grade credit for appointment in the Medical Corps is 14 years. Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. 

b.Paragraph 3-2 (Determination of entry grade for officers not ordered to activeduty) states: 

(1)The grade of an individual appointed as a Reserve officer without concurrentcall to active duty will be determined by comparing the entry grade credit awarded with the phase points shown below. 

•Less than 3 years - Second Lieutenant

•3 years or more, but less than 7 years– 1LT

•7 years or more, but less 14 years – CPT

•14 years or more, but less than 21 years – MAJ

•21 years or more, but less than 23 years – LTC

•23 or more years – COL or LTC as determined by Headquarters, Departmentof the Army



  (2)  Authorized credit in excess of the minimum required for appointment to the appropriate grade shown above will be used to adjust the DOR within that grade. 
 
 c.  Paragraph 3-4 (Transition credit) states: 
 
  (1)  Persons may be granted entry grade credit under this regulation, in effect on 14 September 1981 if, on that date, they were taking part in a program leading to: 
 
• Appointment and assignment as a Medical, Dental, or Health Services Officer, and 

• The crediting of years of service. 


 
  (2)  The grade and DOR upon appointment will be determined in accordance with laws and regulations in effect on the date of appointment. 
 
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