RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20060015625 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Bernard P. Ingold

Chairperson

Mr. Thomas H. Ray

Member

Mr. Gerald J. Purcell

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 rank be adjusted to Lieutenant Colonel.

2.  The applicant states, in effect, that he should have been appointed in the National Guard as a Major (MAJ).  He went from a Major promotable to a First Lieutenant when he transferred from the Medical Service Corps to the Medical Specialist Corps.  He feels that his 35 years of military service and 39 years of medical experience were ignored initially when he branch transferred to become a physician assistant.

3.  The applicant provides a work experience sheet from 1978 to present; a DD Form 214 (Report of Separation from Active Duty), with the period ending 
15 March 1974; two DD Forms 214 (Certificate of Release or Discharge from Active Duty), with the periods 13 June 1991 and 15 October 2005; a variety of United States Army Reserve (USAR) and Army National Guard (ARNG) promotion documents; a University of Nebraska Master of Physician Assistant Studies diploma, dated 5 May 2002; 14 back pages of Officer Evaluation Reports; a Department of the Army Official Photograph, dated 
30 January 2007; a DA Form 5500-R (Body Fat Content Worksheet), dated 
31 January 2007; and a Headquarters, "1st/141st" Field Artillery Battalion Letter of Recommendation, dated 25 June 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior service in the United States Air Force (USAF).  

2.  Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, appointed the applicant as a Reserve Commissioned Officer of the Army at the rank of First Lieutenant in the Medical Service Corps on 20 October 1980.

3.  On 17 February 1984, the applicant was promoted Captain.

4.  On 28 February 1991, the applicant was promoted Major.

5.  Headquarters, Louisiana National Guard Office of the Adjutant General Orders Number 302-021, dated 29 October 1999, show that the applicant was separated from the USAR for the purpose of appointment as a First Lieutenant in the Medical Specialist Corps of the Louisiana Army National Guard (LAARNG) on 16 October 1999.

6.  On 16 October 1999, the applicant executed an Oath of Office as a First Lieutenant in the LAARNG.
7.  DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 24 February 2000, shows that the applicant qualified for appointment as a 1LT Physician Assistant, he was awarded 3 years of constructive credit for professional experience with an additional 3 years and 
25 days of constructive credit for prior active commissioned service credit that totaled 6 years and 25 days of entry credit.

8.  National Guard Bureau Federal Recognition Orders Number 129 AR, dated 
1 March 2000, show the applicant was awarded permanent Federal Recognition for appointment from Major in the Medical Service Corps to First Lieutenant in the Medical Specialist Corps in the LAARNG effective 16 October 1999 with a date of rank as a First Lieutenant of 3 December 1994.

9.  Headquarters, LAARNG Office of the Adjutant General Orders 302-001, dated 1 February 2000, show that the applicant was promoted to rank of Captain.

10.  Department of the Army and Air Force Joint Force Headquarters – Louisiana Office of the Adjutant General Orders 098-001, dated 8 April 2005, shows that the applicant was promoted to the rank of Major.

11.  In the processing of this case, an advisory opinion was obtained from the Chief of the Personnel Division of the National Guard Bureau (NGB), who recommended disapproval for the applicant's request.  That office stated "Coordination with the National Guard Bureau, Chief, Surgeon's Division (NGB-ARS) they stated that MAJ M_____ received the correct amount of constructive credit based on his professional experience and prior commissioned service, and was appointed as a 1LT with a dated of rank of 3 December 1994.  He was awarded 6 years and 25 days, which qualified him for appointment as a 1LT with 4 years and 25 days excess credit, which was subtracted from his date of oath to determine his date of rank."  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.

12.  In his Rebuttal for Correction of Military Records, the applicant stated in part that he would like to have his rank adjusted to Lieutenant Colonel.  He feels that he did not get full credit for his civilian and military experience.  The applicant stated, in effect, that he served in various medical positions with 39 years in medicine, 29 years as Physician Assistant, 17 years as a Registered Nurse, and 23 years as a Medical Technologist.  He has degrees in Biology, Physicians Surgical Assistant, Registered Nurse, and a Masters Degree in Cardiovascular Thoracic Surgery.  He has completed the Officer Basic Course, the Officer Advanced Course, and Phase I and II of Command and General Staff College.  He is approaching 36 years of military service in the active Air Force, Air Guard, Army Reserve, and now the Army National Guard.  He knows with his experience, medical knowledge, professionalism, and patient care capabilities that he should be promoted to Lieutenant Colonel.

13.  Army Regulation 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).  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  

14.  Army Regulation 135-101, paragraph 1-3a(1) and (2) states that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit will be the sum of constructive credit and credit for prior active commissioned service.

15.  Army Regulation 135-101, paragraph 3-2a states that authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.  It further shows the entry grade credit "3 years or more, but less than 7 years" First Lieutenant.

16.  Army Regulation 135-101, Table 3-2 covers computation of prior active commissioned service credit.  It states that extended active commissioned service in other than the specialty in which being appointed would receive 
1/2 year credit for each year and that active commissioned service, not on extended active duty, or commissioned service in an active status, in other than the specialty in which being appointed would receive 1/4 year credit for each.

17.  Title 10, U.S. Code, Section 101(b), provides that the term "original", with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member's most recent appointment in that component that is neither a promotion nor a demotion.

18.  Department of Defense Instruction (DODI) Number 6000.13, dated 30 June 1997, implements the policies, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive credit and prior commissioned service (as allowed 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.
19.  DODI 6000.13, paragraph 6.1.1.2 states that 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.

20.  DODI 6000.13, paragraph 6.2.1 states that a person granted service credit and placed on the active duty list or the reserve active status list of a Military Service may have an entry grade determined by comparing entry grade credit with the currently established promotion phase points of the Military Service and officer category concerned.  Entry grade credit in excess of the minimum years of entry grade credit required to establish a specific grade (but less than the amount necessary to justify the next higher grade) shall be used to adjust the date in the entry grade.

21.  DODI 6000.13, paragraph 6.2.2.2.5 states that credit of one-half year for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration or certification.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant had many years of professional, civilian experience in his field of physician assistant prior to his appointment in the Medical Specialist Corps to First Lieutenant on 16 October 1999.  However, at the time of his appointment he was aware that he would transfer from Major a in the Medical Service Corps to First Lieutenant in the Medical Specialist Corps.  

2. Evidence of record shows that the applicant was correctly awarded six years constructive credit that appointed him as a First Lieutenant with an excess of years.  There is no evidence in his records and he has not provided evidence to show that he should have been appointed in the LAARNG in the rank of Major.

3.  It would be inappropriate to grant the applicant's request because it would provide him a benefit that was not available to other Soldier's in the same situation.

4.  Therefore, based on the foregoing, there is no basis to grant the relief requested. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___BPI  _  __THR __  __GJP __  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. 




___Bernard P. Ingold        _
          CHAIRPERSON















INDEX

CASE ID
AR20060015265
SUFFIX

RECON

DATE BOARDED
30 AUGUST 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
112.0200.0000
2.

3.

4.

5.

6.