RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 August 2005
      DOCKET NUMBER:  AR20040005502


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Nancy L. Amos                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette R. McCants           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded time in grade
credit for his Master of Science Public Health Degree in Allied Health
Research.

2.  The applicant states his DA Form 5074-1-R (Record of Award of Entry
Grade Credit (Health Services Officers)) does not show he was given credit
for his master's degree.  He states that he changed his specialty under the
guidance that his Master of Science Health Services Research degree would
count as credit for advanced education beyond a basic qualifying degree.
The course material parallels with specialty 92D (Public Health and
Epidemiology) (sic, 92D is a Quartermaster Corps specialty, Aerial Delivery
and Materiel).  He states that his degree description is titled "MS Allied
Health Research" and it is parallel to a Master of Science degree in Public
Health.

3.  The applicant provides a copy of his DA Form 5074-1-R dated 31 October
2002; his transcript from Southwest Texas State University; and a webpage
from the New Jersey Institute of Technology, Newark Master of Public Health
Program.

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded a Bachelor of Science Degree in Biology on
10 May 1997.  The day prior he had been appointed a second lieutenant in
the Field Artillery in the U. S. Army Reserve.  Effective 24 March 1999 he
accepted appointment in the Army National Guard in the Field Artillery
branch.

2.  The applicant was promoted to first lieutenant on 2 June 1999.

3.  The applicant was awarded a Master of Science Public Health Degree in
Allied Health Research on 13 May 2000.  Of 14 courses taken, five involved
research, one was in Regression Analysis, and one in Experimental Design.

4.  The applicant's DA Form 5074-1-R dated 31 October 2002 shows he was
awarded 2 years, 7 months and 4 days total entry grade credit for his prior
commissioned service.  His specialty is shown as 72D (Environmental
Science).

5.  The applicant was appointed a first lieutenant in the Medical Service
Corps   in the Army National Guard and was granted Federal Recognition
effective       29 October 2003 with a first lieutenant date of rank of 25
March 2003.

6.  A DA Form 5074-1-R dated 1 December 2003 shows the applicant was
awarded 2 years, 7 months and 4 days total entry grade credit for his prior
commissioned service.  His date of rank was determined to be 25 March 2003
for the rank of first lieutenant.  He was not awarded constructive credit
for his master's degree.

7.  The applicant's first Officer Evaluation Report (OER) after being
appointed in the Medical Service Corps, for the period 5 August 2003
through 4 August 2004, shows he performed duties as an Environmental
Science Officer and served as the principle advisor to the 36th Infantry
Division Surgeon and as the Area Support Platoon Leader.  Rater comments on
his performance noted that the applicant worked diligently on and executed
his portion of the TACSOP (tactical standing operating procedures) without
fault and developed a highly-detailed Iraqi Freedom Medical Intelligence
briefing.  He deployed his entire section to annual training and performed
brilliantly as the Division Environmental Science Officer in the field,
ensuring that all water for the division was inspected and potable.  He
also did numerous environmental surveys and evaluations in the field.

8.  In the processing of this case, an advisory opinion was obtained from
the Personnel Division at the National Guard Bureau.  The advisory opinion
references Department of the Army Pamphlet 600-4, chapter 7, paragraph
   7-4(d)3 (it appears the reference should be paragraph 7-4c(3)(d)3) which
states in part, "must have completed, at a minimum a bachelor's degree from
a school acceptable with at least 30 semester hours in the physical and or
biological science."  It further states, "for retention at the field grade
level, must possess a master's degree in public health or related area of
specialization such as environmental health, environmental science,
industrial hygiene or food technology."  The opinion states that the
applicant has a bachelor's in biology and a master's degree in Allied
Health Science Research.

9.  The advisory opinion points out that in accordance with the Reserve
Officer Personnel Management Act (ROPMA), effective 1 October 1996, the
time in service (TIS) [requirement] was removed and the time in grade (TIG)
requirement was changed from 3 years to 2 years.  As a result, the
applicant was eligible for promotion to first lieutenant in June 1999.  The
advisory opinion recommended that the applicant's date of rank be adjusted
from 25 March 2003 to 1 June 1999 and the Officer Policy Division concurred
with this recommendation.

10.  A copy of the advisory opinion was provided to the applicant.  He
concurred with the advisory opinion.

11.  An advisory opinion was obtained from the Medical Service Corps
Division, U. S. Army Recruiting Command.  That office recommended that the
original constructive service credit granted stand.  It noted that, in
accordance with Army Regulation 135-101, "A period of time will be counted
only once."

12.  A copy of the second advisory opinion was provided to the applicant
for comment or rebuttal.  He did not respond within the given time frame.

13.  Army Regulation 135-100 (Appointment of Commissioned and Warrant
Officers of the Army) does not govern appointments of Army Medical
Department commissioned officers.

14.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), effective 15 February
1984, provides policy for the appointment of reserve commissioned officers
for assignment to Army medical branches.  In pertinent part, it states the
grade and date of rank upon original appointment and assignment to an Army
Medical Department 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 the credit for prior active commissioned service.  Additional credit
may be granted 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.

15.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and
Personnel), dated 30 June 1997, implements policy, assigns
responsibilities, and prescribes procedures to carry out medical manpower
and personnel programs.  Paragraph 6.1.1.2 states service on active duty or
in an active status as a commissioned officer in any of the Uniformed
Services, but not in the corps or professional specialty in which being
appointed, shall be awarded 1/2 day of credit for each day served in the
case of individuals seeking an original appointment as a health professions
officer.

16.  DODI 6000.13, paragraph 6.1 states the entry grade credit to be
awarded shall equal the sum of constructive service credit and prior
commissioned service (as outlined in the DODI) credit except in cases where
the total exceeds the maximum credit allowed.  A period of time shall be
counted only once when computing entry grade credit.

17.  DODI 6000.13, paragraph 6.1.1.3 states commissioned service on active
duty or in an active status while participating in an educational program
leading to appointment in a specialty in which constructive service credit
is awarded shall be awarded day-for-day credit for service performed.
Constructive service credit may be awarded only if such advanced education
or advanced degree is required as a prerequisite for original appointment
as a commissioned officer in a particular officer category.

18.  DODI 6000.13, paragraph 6.1.2.2.2 states credit for masters and
doctorate degrees in a health profession other than medicine and dentistry,
whether it is the primary degree or an additional advanced degree, shall be
awarded based on actual full-time equivalent education of up to two years
for a master's degree and up to four years for a doctorate.  Paragraph
6.1.2.2.3 states that the additional degree must add adjunctive skills to
the primary specialty and must contribute directly to performance in the
anticipated position in the Military Service concerned.

19.  Department of the Army Pamphlet 611-21 (Military Occupational
Classification and Structure) states, for award of specialty 72D, an
individual must have completed a bachelor's degree with a minimum of 30
semester hours in the physical and/or biological sciences and/or possess a
master's degree in public health or related area of specialization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a Bachelor of Science Degree in Biology in May
1997.  He was appointed a second lieutenant in May 1997 in the Field
Artillery branch, subsequently accepted appointment in the Army National
Guard, and was promoted to first lieutenant on 2 June 1999.  He was awarded
a Master of Science Public Health Degree in May 2000.

2.  The applicant contended his Master of Science degree course material
parallels with specialty "92D (Public Health and Epidemiology)."  However,
he provided a Master of Public Health Program description from the New
Jersey Institute of Health, not from the Southwest Texas State University,
the school he attended.

3.  The National Guard Bureau recommended the applicant's date of rank be
adjusted from 25 March 2003 to 1 June 1999.  However, they failed to
recognize Army Medical Department commissioned officer appointments are not
governed by the same regulation that governs the appointment of other
commissioned officers.

4.  Although the applicant's initial appointment as a Field Artillery
officer was governed by Army Regulation 135-100, his appointment as a
Medical Service Corps officer was governed by Army Regulation 135-101 and
particularly by DODI 6000.13.

5.  DODI 6000.13, paragraph 6.1 states a period of time shall be counted
only once when computing entry grade credit.  Paragraph 6.1.1.2 states
service in an active status as a commissioned officer in any of the
Uniformed Services, but not in the corps or professional specialty in which
being appointed, shall be awarded 1/2 day of credit for each day served in
the case of individuals seeking an original appointment as a health
professions officer.

6.  DODI 6000.13, paragraph 6.1.1.3 also states commissioned service in an
active status while participating in an educational program leading to
appointment in a specialty in which constructive service credit is awarded
shall be awarded day-for-day credit for service performed.  However, such
constructive service credit may be awarded only if such advanced education
or advanced degree is required as a prerequisite for original appointment
as a commissioned officer in a particular officer category.  Since the
applicant had a Bachelor of Science Degree in Biology, it is presumed he
met the qualification of having completed a bachelor's degree with a
minimum of 30 semester hours in the physical and/or biological sciences for
his appointment in specialty 72D.  Therefore, his master's degree was not
required for his appointment and thus not eligible for constructive credit
under this paragraph.

7.  DODI 6000.13, paragraph 6.1.2.2.2 does state credit for a masters
degree in a health profession other than medicine and dentistry, whether it
is the primary degree or an additional advanced degree, shall be awarded
based on actual full-time equivalent education of up to two yeas for a
master's degree and up to four years for a doctorate.  However, paragraph
6.1.2.2.3 states the additional degree must add adjunctive skills to the
primary specialty and must contribute directly to performance in the
anticipated position in the Military Service concerned.

8.  It is noted that the applicant's courses of study were heavily weighted
towards research.  However, it does not appear from the comments made by
his rater on his OER that the applicant's area of concentration contribute
directly to his performance of duty.

9.  It is understood the applicant may be concerned he has "lost" date of
rank in comparison with his "peers."  He should understand, however, that
once he was appointed in the Medical Specialist Corps he was no longer in
the competitive category he had been in as a Field Artillery officer.  His
peers are now other Army Medical Department officers who were appointed
under the same rules as governed by Army Regulation 135-101 and DODI
6000.13 that he was.

10.  The applicant provides no supporting evidence from the individual who
told him his degree would count as credit for advanced education beyond a
basic qualifying degree (and the reason behind that individual so telling
the applicant).  He provides no supporting evidence from his rater or the
division surgeon explaining in detail how his degree adds adjunctive skills
to his primary specialty and contributes directly to his performance in his
position.  In the absence of such evidence, there is an insufficient basis
on which to grant the relief requested.

11.  The above being said, the Board also notes there may still be a
problem with the applicant's date of rank.

12.  The applicant was awarded 2 years, 7 months, and 4 days of
constructive credit (1/2 credit for each day of prior commissioned service
as of around July 2002).  The evidence of record shows he was appointed in
the MSC and granted Federal Recognition on 29 October 2003.  However, if
that is correct then it appears he actually had about 6 years, 5 months,
and 20 days of prior commissioned service and should have been awarded
about 3 years, 2 months, and 25 days of constructive credit with a
resultant first lieutenant date of rank of about 4 August 2002.

13.  If the applicant can obtain evidence to support the above supposition,
or to show that his date of appointment as an MSC officer was incorrect, he
may apply to the Board for an adjustment of his date of rank based on
error.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __rd____  _jrm____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case
are insufficient as a basis for correction of the records of the individual
concerned.




            __William D. Powers___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040005502                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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