RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20070001773 


	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 Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Scott W. Faught

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 request, in effect, that his records be corrected to show that he received constructive credit for his advanced degree and that his date of rank (DOR) to captain be adjusted from 30 March 2006 to 30 March 2004.

2.  The applicant states that administrative errors resulted in a delay of his promotion to the grade of captain.  The applicant continues that his initial Federal Recognition was not processed in a timely manner.  The applicant argues that he applied to the Army Board for Correction of Military Records (ABCMR) for adjustment of his Federal Recognition for initial appointment as a second lieutenant and was advised not to pursue correction of his DOR to captain until the completion of his ABCMR appeal.

3.  The applicant provides Commonwealth of Pennsylvania Orders Number 
243-047, dated 12 December 2002; Commonwealth of Pennsylvania Orders Number 303-1011, dated 30 October 2003; Commonwealth of Pennsylvania Orders Number 154-1011, dated 2 June 2004; Commonwealth of Pennsylvania Orders Number 027-1012, dated 30 October 2003; and a two-page self-authored letter in support of this application.

CONSIDERATION OF EVIDENCE:

1.  In a previous decision, the ABCMR corrected the applicant's records to show that he was initially appointed as a second lieutenant in the Pennsylvania Army National Guard on 30 October 2000.  However, the ABCMR did not show the applicant was awarded constructive credit for completion of a master degree at the time of his initial appointment.  

2.  Records show that the applicant was promoted to the grade of first lieutenant effective 12 December 2002 and promoted to the grade of captain effective 20 March 2006.  Records further show that the applicant was awarded a Baccalaureate Degree in Health Sciences in May 1998 from Duquesne University and a Masters of Physician Assistant Degree in August 1999 from Duquesne University.

3.  The Army Regulation which governs constructive credit for Army Medical Department (AMEDD) officers is dated 15 February 1984 and the Department of Defense Instruction which clarifies constructive credit for AMEDD officers is dated 30 June 1997.  


4.  Department of the Army, Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston Memorandum, dated 6 January 2003, provides guidance for commissioning credit and active duty obligation for graduates of the Interservice Physicians Assistant Program (IPAP).  This memorandum states that the IPAP has transitioned into a Masters in Physician Assistant Studies.  This memorandum further states that direct accessions will be required to have a Masters in Physician Assistant Studies or equivalent and will be commissioned as second lieutenants with 12 months time in grade and will incur a 4 year active duty obligation.

5.  The applicant's records show that his military servicing personnel officer attempted to clarify his constructive credit at the time of his appointment in the Pennsylvania Army National Guard (PAARNG).  There is no evidence that the action to award constructive credit was ever completed by appropriate military officials.

6.  Paragraph 3-1 of Army Regulation 135-101 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.

7.  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.

8.  Paragraph 6.2.1 of DODI 6000.13 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.



9.  Paragraph 6.1.2.2.2 of DODI 6000.13 states that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether a primary degree or advanced degree, shall be awarded based on actual full-time equivalent education up to two years for a master's degree and up to four years for a doctorate.  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 on the Military Service concerned.

10.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, that an officer in the grade of second lieutenant will be considered for promotion without review by a selection board.  The officer's records will be screened to determined eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

11.  Table 2-1 of Army Regulation 135-155 states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records were previously corrected to show that he was initially appointed in the PAARNG on 30 October 2000.  However, the applicant's constructive credit was not considered with the previous ABCMR decision.

2.  Evidence of record clearly shows that the applicant was awarded a Masters of Physician Assistant Degree in August 1999 from Duquesne University which was prior to his initial appointment date.  

3.  Although, current policy provides for 12 months of constructive credit for an advanced degree, the DODI in effect at the time of the applicant's initial appointment provides for 2 years of constructive credit for an advanced degree.  Therefore, the applicant should have been awarded two years of constructive credit at the time of his initial appointment which qualified him for appointment in the grade of first lieutenant.  As a result, the applicant is entitled to correction of his records to show that he was initially appointed as a first lieutenant in the Pennsylvania Army National Guard on 30 October 2000.  Additionally, the applicant should be paid all back pay and allowances due as a result of this correction.

4.  The applicant contends that his records should be corrected to show the effective date of his promotion to captain as 30 March 2004.  
5.  This Board does not have jurisdiction over unit vacancy promotions performed by The Adjutant General of the State.  However, if the above correction, results in the applicant's eligibility for consideration by a previously held Department of the Army Mandatory Selection Board, then his records should be placed before an appropriate Special Selection Board for promotion reconsideration to the grade of captain.  If the applicant is selected for promotion to captain by a Special Selection Board, then he be so notified, his effective date of promotion to the grade of captain be amended to show the earliest date, and he be paid all back pay and allowances due as a result of his selection.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_LDS____  _JCR___  _SWF___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his records to show that he was initially appointed in the Pennsylvania Army National Guard as a first lieutenant effective 30 October 2000; payment of all back pay and allowances due, and, if appropriate, placing his records before a Special Selection Board for consideration for promotion to the grade of captain. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amendment of his records to show his date of rank of captain as 30 March 2004.



_Linda D. Simmons__
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.