| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. William D. Powell | Member | |
| Ms. Linda M. Baker | Member |
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
| 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. |
ARMY | BCMR | CY2005 | 20050001504C070206
The constructive credit is requested to be applied toward his commissioning as a Regular Army MC officer, not his MSC reserve officer commission. The applicant's Master's thesis is new evidence, and his contention his degree emphasis was in entomology is a new contention, which will be considered by the Board. He provides no evidence to show his degree in zoology with an emphasis in entomology has contributed directly to his military duties.
ARMY | BCMR | CY2005 | 20050001504C070206
The applicant states he received a Master of Science Degree in Zoology with an emphasis in Entomology. The constructive credit is requested to be applied toward his commissioning as a Regular Army MC officer, not his MSC reserve officer commission. He provides no evidence to show his degree in zoology with an emphasis in entomology has contributed directly to his military duties.
ARMY | BCMR | CY2003 | 2003085856C070212
OTSG recommended that the applicant be awarded an additional two years of constructive credit based upon his Masters of Science degree. In this case, OTSG recommended the applicant be awarded an additional 2 years of constructive credit based upon his Masters of Science degree in Zoology. That all of the Department of the Army records related to this case be corrected by showing the applicant entered active duty as a captain with 6 years of constructive credit.
ARMY | BCMR | CY2013 | 20130002987
The applicant requests correction of his military records to show he was granted an additional year of constructive service credit (CSC). The applicant states he should have received an additional year of CSC based on the criteria shown in Table 3-5 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches). The applicant provides: * Army Regulation 135-101, pages 17, 19, and 23, dated 15 February 1984 * Army Regulation...
ARMY | BCMR | CY2013 | 20130017948
The memorandum for this appointment shows in paragraph 4 that 2 years, 2 months, and 12 days of constructive service credit was granted according to Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches). The memorandum for this appointment shows in paragraph 4 that 4 years of constructive service credit had been granted according to Army Regulation 135-101. Additionally, the active duty orders show that the date of...
ARMY | BCMR | CY2005 | 20050012473C070206
He was awarded 3 years and 6 months of constructive credit for active duty grade determination purposes. In his rebuttal, the applicant went on to state that AR 135-101 Table 3-1 number 6, in total, provides for additional credit in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable, and that experience of 1/2 year less earns no credit (see notes, 5, and 6.) ...
ARMY | BCMR | CY2005 | 20050004554C070206
The applicant states that, in accordance with Army Regulation 135-101, section 3-4, he should have received 6 years of constructive credit for active duty grade determination instead of 4 years for his Master of Science Degree in Pathology. The opinion did not recommend that the applicant be granted additional constructive credit. The evidence of record shows the applicant was awarded a Master of Science Degree in Pathology in 1998 and a Doctor of Medicine Degree in 2002 prior to his...
ARMY | BCMR | CY2015 | 20150009418
The applicant states the DA Form 5074-1-R (Record of Award of Entry Grade Credit Health Services Officers) filed in her military service records does not show she completed a second BS degree (in Biology) and a Master of Public Health (MPH) degree. She states that Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), Table 3-4 (Credit for Additional Advanced Degrees), provides for additional constructive credit...
ARMY | BCMR | CY2008 | 20080010727
The applicant requests correction of his records to show he was granted 4 years of additional constructive service credit (CSC) for completion of a Doctor of Philosophy (PhD) degree prior to entry on active duty. c. at the time of his graduation and entry onto active duty status, he was granted 4 years of CSC in recognition of his completion of the MD degree, and to justify promotion from the second lieutenant (2LT) rank of a Medical Service Corps medical student participant in the HPSP to...
ARMY | BCMR | CY2005 | 20050003945C070206
Counsel requests, in effect, that the applicant be awarded 4 years of additional constructive service credit (CSC) for his Doctor of Medicine degree; promotion consideration to major by a special selection board (SSB) based on an adjusted date of rank for captain; and, if selected for promotion to major by a board prior to the Army Board for Correction of Military Records (ABCMR) correcting his records, his promotion to major be backdated to the date he would have been promoted had he...