MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           4 March 2003                  
	DOCKET NUMBER:   AR2002075727

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. William D. Powell		Member	
	Ms. Linda M. Baker		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be given constructive service credit for his Masters Degree in Zoology.

APPLICANT STATES:  In effect, that he believes that he should be given constructive service credit for his degree.

In support of his request, he submits documents showing that he was conferred a degree of Master of Science in Zoology on 13 August 1998.

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned a second lieutenant, Medical Service Corps (MSC), Army Reserve, on 27 May 1998.  He entered on active duty on 28 June 1998.  On the date he submitted his application, he was serving on active duty as a captain.

In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG recommends that the Board grant the applicant 2 years of constructive service credit for his degree in Zoology.  The applicant was furnished a copy of this advisory opinion and concurred with its recommendation.

Army Regulation 135-101, Table 3-3, lists the degrees which are accepted for constructive service credit for MSC officers.  Zoology is not contained on that list.  The nearest degree which is accepted is Veterinary Medicine, which only qualifies at the PhD level, and then with only a 3-year constructive service credit.

Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Constructive credit for professional experience and advanced (not basic qualifying) degrees is awarded on a basis of 1/2 year credit per year of experience with a total of 6 years credit possible in unusual cases.  The maximum entry grade credit for Medical Corps and Dental Corps Officers is normally 14 years.  A basic principle provides that no period of time may be counted more that once.  Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The regulation which provides for constructive service credit for MSC officers does not list Zoology.

2.  As such, to grant the applicant’s request would be giving him an unfair advantage over other MSC officers who also have degrees in Zoology.

3.  In addition, the applicant was not conferred his Masters Degree in Zoology until after he was commissioned.  Constructive service credit is given at the time of commission, not afterwards.

4.  If the OTSG believes that Zoology warrants constructive service credit, it should take action to change Army Regulation 135-101 so all MSC officers are given the same credit.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___rjw___  ___wdp__  ___lmb__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075727	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030304	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.