RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	8 March 2007  
	DOCKET NUMBER:  AR20060006246 


	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. Gerard W. Schwartz

Acting Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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, award of constructive credit for adjustment to his date of rank for second lieutenant.

2.  The applicant states, in effect, that his current date of rank for second lieutenant is 8 October 2004.  He also states that during his attendance at the Army Reserve Officer Basic Course (OBC) at Fort Sam Houston, Texas, he consulted with the Human Resources Command (HRC), St. Louis, Missouri.  HRC informed him that his date of rank may not be correct considering his 
10-year work experience and his prior military service.  He conducted some research with fellow Soldiers (both at the OBC, within his unit, and within his same area of concentration (AOC), 72D) and discovered that many of them have received constructive credit and an adjustment of their date of rank for their civilian work.  He believes the error was made during the Army Medical Department (AMEDD) selection board in October 2004.

3.  The applicant provides copies of his Bachelor of Arts degree and his Resume in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was awarded a Bachelor of Arts degree in Biology on 18 December 1993 from Thomas More College.

2.  The applicant enlisted in the Ohio Army National Guard (OHARNG), in pay grade E-4, effective 20 October 2000.  He was separated from the OHARNG effective 19 October 2001 at the expiration of his service obligation.

3.  The applicant was appointed in the United States Army Reserve, Medical Service Corps, as a second lieutenant, with an effective date and date of rank of 8 October 2004.  He was appointed with 0 years, 0 months, and 0 days constructive credit.  His AOC was 72D.

4.  His DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 21 October 2004, shows that he was awarded 0 years, 0 months, and 0 days constructive credit for his basic qualifying degree; advanced education beyond basic qualifying degree; post baccalaureate education; professional experience; and prior active commissioned service credit.

5.  In an advisory opinion, dated 8 January 2007, a staff member of the Medical Service Corps Division, Health Services Directorate, Headquarters, US Army Recruiting Command, Fort Knox, Kentucky, stated that after a review of the record pertaining to the applicant, it was determined that he did not qualify for constructive credit.  The documentation of the applicant's work experience was carefully reviewed.  Unfortunately, this experience did not provide the adjunctive skills required by Army Regulation 135-101, Table 3-1, Subparagraph 4, for the AOC of 72D/Environmental Science.  The 72D consultant to The Surgeon General (TSG) had also reviewed the applicant's work experience and determined that it did not qualify for constructive credit.  Based on the foregoing, it was recommended that the original constructive credit of 0 years, 0 months, and 0 days stand for the record and the applicant's request be denied 

6.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 11 January 2007.  He did not respond.

7.  Army Regulation 135-101, prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve in the six branches of the AMEDD to include the Medical Service Corps.  Chapter 3 of this regulation specifies that the grade and date of rank upon original appointment and assignment to the AMEDD branch will be determined by the number of years of entry grade credit awarded.  Entry grade credit will be recorded on DA Form 5074-R.  Table 3-1, subparagraph 4, specifies that credit will be awarded for an advanced degree that adds adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Credit is awarded based on full-time equivalent education up to 24 months for a master's degree or up to 36 months for a doctorate.  Table 3-3, Credit for Qualifying Degree of Discipline, specifies that no credit is authorized for the baccalaureate level in the environmental science degree of discipline.

8.  Army 135-101 also specifies that 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.  Unusual case determination will be made by TSG or designee. 

9.  Army Regulation 135-101 further specifies that commissioned officers may receive constructive credit for prior commissioned service of 1 year for each year served in the specialty in which being appointed.  Commissioned officers may receive constructive credit for prior commissioned service of 1/2 year for each year in other than the specialty in which being appointed.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to award of constructive credit for an adjustment to his date of rank for second lieutenant.  He has not shown error, injustice, or inequity for the relief he now requests.
2.  The applicant's contentions have been noted; however, a review of the applicant's record and work experience by TSG and the Health Services Directorate, Headquarters, US Army Recruiting Command, determined that his work experience did not qualify for constructive credit.  In accordance with pertinent regulations his degree and experience did not provide the adjunctive skill required for award of constructive credit.  His prior enlisted service also did not entitle him to constructive credit.  Therefore, the applicant was properly appointed in the AMEDD without award of constructive credit and an appropriate date of rank was established at his appointment.  

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rn____  __EM____  __WFC__  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.



      _____
                CHAIRPERSON




INDEX

CASE ID
AR20060006246
SUFFIX

RECON

DATE BOARDED
20070308
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102.08
2.

3.

4.

5.

6.


ABCMR Record of Proceedings (cont)                                         AR20060006246


4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508