RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040009791


      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             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 that his separation from the Tennessee Army
National Guard (TNARNG) be voided and that he be returned to an active
status in the ARNG with attendant promotions and back pay.

2.  The applicant states that he was separated for failure to meet
educational requirements, but he had more than enough credits to be awarded
a Bachelor's Degree.

3.  The applicant provides in the following order:

      a.  An unsigned, undated letter with subject:  "Promotion to regular
officer corps."

      b.  An unsigned, 24 March 2003 memorandum with subject:  "Information
request."

      c.  An unsigned, 21 August 2001 letter.

      d.  A 3/13/2003 email.

      e.  Orders 297-218, Headquarters, TNARNG (STARC [State Area
Command]), dated 24 October 2001, relieving the applicant from assignment,
separating him, and transferring him to the US Army Reserve (USAR) Control
Group (Reinforcement).

      f.  Orders 309-273, Headquarters, TNARNG (STARC), dated 5 November
2001, amending Orders 304-399, by transferring the applicant to the USAR
Control Group (Retired Reserve).

      g.  Orders 309-399, Headquarters, TNARNG (STARC), dated 31 October
2001, relieving the applicant from assignment, separating him, and
transferring him to the US Army Reserve (USAR) Control Group
(Reinforcement).

      h.  An unsigned 14 August 2000 memorandum requesting waiver of the
educational requirements for appointment to the officer corps.

      i.  A 9 February 2003 memorandum with subject:  Army Specialist Corps
Selection Board Proceedings, [Applicant].

      j.  An unsigned, undated memorandum with subject:  "Clarification of
events."

      k.  A March 21,2003 email.

      l.  A memorandum, dated 13 May 1992, with subject:  Equivalent Credit
for the Warrant Officer Course and Physician Assistant (PA) Program.

      m.  Message 241200Z Jan 92, Headquarters, Department of the Army
[SGPS-PDB], with subject:  Constructive Service Credit.

      n.  Message 241800Z Dec 91, Headquarters, Department of the Army
[SGPS-PDB], with subject:  Implementation Instructions to Commission Army
Physician Assistants.

      o.  An unsigned, undated letter.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the US Air Force (USAF), USAF Reserve,
and US Army Reserve, the applicant entered the TNARNG as a Branch
Immaterial Warrant Officer One (WO1) on 12 August 1987.

2.  On 16 August 1988, the applicant was appointed as a WO1 in MOS 600AO,
Physician Assistant (PA). He served in this capacity for the remainder of
his tenure with the TNARNG and was promoted to Chief Warrant Officer Two
(CW2) on 12 August 1989.

3.  The Army PA program was authorized by Congress in response to a
shortage of military physicians.  Congress initially authorized the
training of 400 Army PA's.  The training began in 1971, with the first
class graduating in July of 1973.  Army PA's were appointed as Warrant
Officers.  In the mid-1980's, a proposal for commissioning of the Army PA's
was approved.  The commissioning of Army PA's began in February 1992.  The
commissioning program placed additional educational requirements on PA's in
the form of a Bachelor's Degree.  Active duty Warrant Officer PA's were
given 5 years to transition to commissioned status, and Reserve component
Warrant Officers were given 10 years, until 4 December 2001.

4.  The applicant's civilian educational records are not available.  Based
upon the documents provided by him, it appears that he may have had the
requisite total credits for a Bachelor's Degree; however, he apparently did
not have the proper distribution of credits, and he was lacking the
necessary credits in mathematics for award of a degree.  He was therefore
separated from the TNARNG on 4 December 2001, the date by which he was
required to have transitioned to the officer corps.  He did not possess the
requisite undergraduate degree.

5.  A 9 February 2003 memorandum submitted by the applicant and authored by
the Chief, Strength Maintenance Division, Headquarters, National Guard
Bureau, indicates that the Army Specialist Corps Selection Board, on 29
January 2003, rejected the applicant for appointment as a Reserve
Commissioned Officer.  In the memorandum, the applicant was advised that he
could reapply in 1 year, ostensibly when he meets the educational
requirement.

6.  Army Regulation (AR) 135-101 (Appointment of Reserve Commissioned
Officers for Assignment to Army Medical Department Branches) prescribes
policy, procedures, and eligibility criteria for appointment in the Reserve
Components of the Army, with or without concurrent active duty, in the six
branches of the Army Medical Department (AMEDD).  It states, in pertinent
part, that PA's are members of the Medical Services Corps and must have a
baccalaureate degree in an appropriate field acceptable to The Surgeon
General.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a Warrant Officer PA from August 1988; he was already
in the PA program when the decision was made to transition Warrant Officer
PA's to the officer corps.  He had 10 years plus to achieve the basic
baccalaureate educational requirements to be appointed a commissioned
officer.

2.  The applicant argues that he had more than enough total credits to
receive a Bachelor's Degree; however, he did not have the required number
of mathematics credits for a degree, thus no degree was awarded.

3.  The applicant was separated and transferred to the Retired Reserve on 4
December 2001, the 1O-year anniversary of the transition program and the
deadline for obtaining a college degree.  However, as late as 29 January
2003, he was considered for appointment as a Reserve Commissioned Officer
by the Army Specialist Corps Selection Board and was not selected.

4.  The applicant was told in January 2003 that he could reapply for
appointment as a Reserve Commissioned Officer in January 2004.  There is no
evidence that he did so.

5.  There is no error or injustice in this case.  The Army announced a
policy to transition PA Warrant Officers to the officer corps and provided
a 10-year period for the Warrant Officers to meet the educational
requirements.  The applicant did not meet the requirement and was
separated.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__kan___  __wdp___  __mjnt__  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.




                                        Kathleen A. Newman
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009791                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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