RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070010167 


	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

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. Richard Dunbar

Chairperson

Mr. Chester Damian

Member

Mr. Edward Montgomery

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 date of rank (DOR) for first lieutenant (1LT) be corrected to 22 October 2005.  His DOR was adjusted after transferring to the Medical Services Corps (MSC) from Aviation Branch (AV).  Additionally he requests that any subsequent promotion to captain reflect his initial 1LT DOR of 22 October 2005, and that he receive all back pay and allowances that he believes are due him.

2.  The applicant states, in pertinent part, that the constructive service credit (CSC) applied to officers who transfer to the MSC is not applicable to the Medical Evacuation (MEDEVAC) officers specifically, helicopter pilots.  The applicant further states that the instructions in Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) is not applicable in his case.  He argues that he and fellow aviator MEDEVAC pilots are unfairly penalized under the rules of DODI 6000.13.

3.  The applicant provides a copy of his initial request for wavier of his CSC that was forwarded electronically to his career manager, to the Office of the Surgeon General, and to Headquarters Department of the Army G1, and numerous electronic messages between the applicant and the aforementioned offices.  He also provides the following copies: 

	a.  DA Form 71 (Oath of Office) dated 22 April 2004 and a second Oath of Office dated 5 November 2005; 

	b.  Promotion orders to first lieutenant (1LT) in the Aviation Branch, an order revoking his promotion to 1LT in the Aviation Branch, and then his appointment into the Regular Army; 

	c.  Letters of support from his chain of command to include his combatant air ambulance company commander and his brigade commander requesting favorable consideration of his request for waiver of CSC; and

	d.  two documents that address the subject of his Active Duty Service Obligation (ADSO) that will not be addressed in this application as it was not explicitly requested in this application dated 16 May 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty and is forward deployed to Iraq.  
2.  On 22 April 2004, the applicant was administered the Oath of Office.  He willingly accepted an appointment into the Aviation Branch as a reserve commissioned officer in the United States Army.  He graduated from aviation officer basic course and was awarded career management field designator (CMF) 15A (Aviation Corps).  He is a helicopter pilot for the UH-60 rotary wing aircraft.

3.  On 22 October 2005, Order Number 256-083, published by Human Resource Command (HRC), Alexandria, Virginia promoted the applicant to 1LT in the Aviation Branch with an effective date of rank of 22 October 2005. 

4.  On 2 November 2005, the applicant accepted a second appointment into the Medical Services Corps from Aviation Branch, United States Army with the intent to serve as a MEDEVAC helicopter pilot.  The DA Form 71 presented by the applicant does not identify MSC as his new CMF; however, a copy of the applicant's DA Form 4037 Officer Record Brief (OER) (Computer Generated) dated 13 September 2007 shows he holds Branch Code 67J (MEDEVAC Helicopter Pilot). 

5.  On 19 September 2006, in an electronic message to his career manager at Human Resources Command (HRC)-Alexandria, the applicant requested an exception to policy for CSC.  In this message, the applicant acknowledged that he willing accepted his appointment in the MSC, then stated, "Although according to the DOD instructions it was correct for me to lose my time in grade, I think many would agree that this regulation was not designed for people in my situation.  The same DOD instruction allows additional credit to be given to Soldiers in odd circumstances, and I think I fall into this category.  Although I wholeheartedly agree that I willingly accepted the terms of my new commission, in the spirit of looking after Soldiers, I hope my case can be looked at with an open mind." 

6.  On 19 September 2006, the applicant's career manager responded to the applicant by electronic message.  The career manager stated, in pertinent part, that he did consider all the documents and the arguments presented by the applicant, but he must recommend disapproval of the applicant's request.  

	a.  The career manager specifically sited DODI 6000.13, paragraph 6.1.1.1, which states in pertinent part, the rule that CSC is given for service on active duty as a commissioned officer in the "corps" or professional specialty in which appointed, on a day for day basis for commissioned service performed before the appointment in the MSC.  The "corps" as defined by the DODI is the medical service corps to include medical, dental, veterinary, medical service corps, and other specified medical branches within the medical corps.

	b.  Further, he cites the same instruction, subparagraph 6.1.1.2 which states in pertinent part, that CSC is given for service on active duty for commissioned officers who are not medical professionals or who do not hold an MSC branch specialty prior to accepting a MSC branch appointment, credit for one-half day of service for each day served on an active status prior to the appointment in MSC.

7.  On 7 March 2006, Permanent Order (PO) 066-11, published by HRC-Alexandria revoked paragraph 13 of PO 256-083 pertaining to the applicant and issued new special instructions which shows the entry "The officer was promoted with the incorrect entry on active duty date.  Officer will be promoted 26 July 2006."  The applicant's ORB shows his permanent DOR to 1LT is in fact 26 July 2006.

8.  On 3 March 2007, the applicant wrote an electronic message to a staff officer in the Office of Deputy Chief of Staff for Personnel, which states in pertinent part that he is applying to ABCMR on the grounds that 1/2 CSC in his personal case does not meet the intent of DODI 6000.13 guidance as he interprets the DODI regulatory guidance.  He argues, "I think most people would agree that there were minimal differences between myself and someone who have been commissioned as a 67J/MSC at the time of his original appointment."  He further states that the application of the DODI 6000-13 instructions is unjust.  He is frustrated that "three of his peers are being promoted to Captain in the next few months at the same time that I would have been promoted with full credit."  

9.  On 26 April 2007, the Director of Human Resources, Office of the Surgeon General, and the Director of Health Services, HRC-Alexandria, jointly denied the applicant's request for waiver of entry grade CSC into the MSC.  

10.  On 20 July 2007, the applicant wrote to the Board and stated, in pertinent part, that he is aware of certain officers, one captain in particular, who did not have the rules of DODI 6000.13, specifically in regards to CSC, applied to her.  She branch transferred to MSC from AV in 2001.  He wrote that it is not fair that the rules were not applied uniformly throughout the MSC for aviators who transferred into the MSC from AV.  He writes he is personally being negatively affected and his peers are not and he wants "fair, equitable and consistent treatment." 

11.  On 9 August 2007, Permanent Order 61-2-A-114, published by HRC-Alexandria shows the applicant was appointed a 1LT in the MSC in the Regular Army of the United States.  

12.  Army Regulation 135-101, paragraph 1-10 subparagraph b states, in pertinent part, transfer to any AMEDD branch, known as the Medical Services Corps or "corps", requires a new appointment as a commissioned officer in the AMEDD branch appointed.

13.  DODI 6000.13 paragraph 6.1.1.1 "Prior Commissioned Service Credit-Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed (corps means Medical Service Corps (MSC), Biomedical Sciences Corps (BCS) and Army Medical Specialist Corps (AMSC)), shall be credited on a day for day basis with any commissioned service performed before such appointment.

14.  DODI 6000.13, paragraph 6.1.1.2. states 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.

15.  Army Regulation 135-101, further provides that officers will be granted CSC for prior service as a commissioned officer.  The officer shall be awarded one half-day of CSC for each day served in the case of individuals seeking an original appointment as a health professions officer.  When the authorized credit is under the minimum required for appointment in the appropriate grade, the CSC will be used to adjust the date of rank within the appointed grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that DODI and applicable Army regulations are not being fairly administered in regards to awarding CSC and date of rank determinations for officers who accept a second appointment into the MSC from a basic branch.  The applicant acknowledged in an electronic message to his career manager on 19 September 2006, that he understood he would potentially lose time in grade and that his date of rank could be adjusted when he accepted his second appointment as a commissioned officer in the MSC.  


2.  The applicant contends throughout his request for waiver of CSC, that it is "unfair, unjust and punishes aviators who transfer from the Aviation Corps into the MSC and still function as a helicopter pilot."  Records show the response to the applicant's request for CSC waiver was coordinated with both the Director of Human Resources, Office of the Surgeon General and with the Health Services Directorate of Human Resources Command-Alexandria.  The coordinated response denied the applicant the CSC waiver.  

3.  The applicant has shown through his extensive writings that he knew and understood the requirement to adjust his DOR based on the rule for CSC when he branch transferred from Aviation to MSC to be a MEDEVAC helicopter pilot.  He aggressively pursed a waiver to the CSC rule through his career manager, the Office of the Surgeon General, and HQDA G1.  Appropriate authorities denied his request.  To grant the applicant's request would be giving him a benefit not provided to others in similar situations; therefore, it would not be appropriate to waive the CSC rules or adjust his DOR to 1LT. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RD ___  ___CD __  __EM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.




____Richard Dunbar_______               	                    CHAIRPERSON


INDEX

CASE ID
AR20070010167
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070927
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102.0800
2.

3.

4.

5.

6.