IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20070010032 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded two years constructive service credit as provided for by a change in the Army Medical Specialist Corps policy and which was implemented in December 2006.

2.  The applicant states, in effect, that he completed a graduate degree in nutrition prior to being accessed into the Army in July 2000.  In December 2006, the Army Medical Specialist Corps revised its constructive service credit policy.  As a result of the changes which were implemented, he feels he should be awarded two years constructive service credit.

3.  The applicant adds that the Army Medical Specialist Corps constructive service credit policy implemented in December 2006 applies to all candidates meeting educational requirements from October 2001 to the present.  He received his degree in December 1999, which is prior to the October 2001 stated in the constructive credit policy.  No constructive credit was applied to his military record and he is requesting that it be applied to his degree.

4.  In support of his request, the applicant provides a copy of a DA Form 5074-1-R, Record of Award of Entry Grade Credit (Health Services Officers); a copy of his orders to active duty; a copy of his appointment memorandum, dated 20 April 2000, with a date of his acceptance of 20 April 2000; a copy of a memorandum, Subject:  Appointment in USAR with Concurrent Call to Active Duty, dated 20 April 2000; a copy of the DA Form 71, Oath of Office – Military Personnel, that 

was executed on 20 April 2000; a copy of his academic transcript from Kansas State University; a copy of his Officer Record Brief; a copy of the policy change which was distributed under cover of a memorandum, Subject:  Additional Guidance for Commissioning and Awarding Constructive Credit (CC) for Army Medical Specialist Corps (SP) Officers, dated 7 December 2006, with enclosures; a copy of Army Regulation 135-101; and a copy of Department of Defense Instruction (DODI) Number 6000.13.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed a second lieutenant, on 20 April 2000, in the Army Medical Specialist Corp and, he entered active duty on the same date.

2.  The DA Form 5074-1-R the applicant submitted in support of his request shows he completed a Master of Science Degree, in Human Nutrition, at Kansas State University, on 10 December 1999.  The DA Form 5074-1-R further shows that he was awarded no constructive service credit for his basic qualifying degree.  The applicant was qualified for a commission in the rank of second lieutenant.

3.  On 7 December 2006, the Chief, Army Medical Specialist Corp, distributed additional guidance for commissioning and awarding constructive credit for Army Medical Specialist Corps Officers.  The Chief’s purpose was to provide clarification on the OTSG (Office of the Surgeon General) Commissioning Guidance for Army Medical Specialist Corps Officers and to ensure appropriate constructive service credit was granted for education completed prior to newly commissioned officers entering active duty and established the implementation dates.

4.  The effective date for the implementation of the policy was 1 October 2001.  The effective date was based on prior direction from the OTSG to implement the provisions of DODI 6000.13, including constructive credit for education.

5.  In the applicant’s copy of the Memorandum, Subject:  Appointment in USAR with Concurrent Call to Active Duty, dated 20 April 2000, he was advised he was being appointed in the SSI (Specialty Skill Identifier) 65C, in the USAR grade 2LT, with and active duty grade of 2LT, and with 00 years, 00 months, and 00 days of constructive credit.

6.  In the processing of this case, an advisory opinion was requested of the US Army Recruiting Command, Fort Knox, Kentucky.

7.  On 10 October 2007, the Program Manager, SP/VC/DC Branch, Health Services Directorate, provided an advisory opinion.  The Program Manager, opined that after review of documents provided by the applicant for the correction of his constructive credit awarded at the time of his appointment, he had been awarded the appropriate constructive service credit and rank.

8.  The Program Manager stated that the key document was the Department of the Army message dated 1 October 2001.  The conclusion of that message directed that the Army implement the provisions set forth in DODI 6000.13 effective 1 October 2001.  The DODI 6000.13 did authorize constructive credit for Master degrees in many circumstances; however, the applicant was appointed a second lieutenant and accessed onto active duty in 2000, prior to the effective date for implementation of the DODI 6000.13 (emphasis added); therefore he would not qualify for any constructive credit authorized by that document.

9.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 11 October 2007.  The applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of two years constructive service credit based on a change in Army policy pertinent to newly commissioned officers in the Army Medical Specialist Corps.  This policy was implemented in December 2006 and affected all Army Medical Specialist Corps officers who completed a graduate degree in nutrition, the initial qualifying degree, on or after 1 October 2001.

2.  The applicant acknowledges that the Army Medical Specialist Corps constructive service credit policy implemented in December 2006 applied to all candidates meeting educational requirements from 1 October 2001 to the present.  The evidence shows at the time he was commissioned in the Army Medical Specialist Corps, an evaluation was made to determine if he was entitled to any constructive service credit.  It was determined he was not.

3.  The evidence shows, and the applicant stated, he had received his degree in December 1999 and was accessed into the Army in July 2000.  The effective date of the implemented change which was announced in December 2006 was effective retroactively to 1 October 2001, and after, as stated in the constructive service credit policy.

4.  In view of the facts in this case, the applicant is not entitled to award of the two years constructive service credit he has requested.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  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.




       _    __x_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20070010032





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ABCMR Record of Proceedings (cont)                                         AR20070010032



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