IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070011479 


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, award of constructive service credit for education and that his date of rank (DOR) be adjusted based on the correction.   

2.  The applicant states, in effect, that he was given zero entry grade constructive credit for civilian experience prior to being boarded as a commissioned officer.  The following sections of DODI 6000.13 were not adhered to:  Section 6.12.2.4 provides that year for year credit shall be granted for successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc) required by military service concerned.  Section 6.1.2.2.5 provides that credit of one half year for each year of experience, up to a maximum of 3 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. 

3.  The applicant provides a copy of his Bachelor of Science in Mechanical Engineering from Northeastern University, Boston, Massachusetts on 17 June 2000; a copy of his Master of Business Administration Degree, from Nichols College, Dudley, Massachusetts on 7 May 2005; five pages of academic transcripts from Northeastern University; his Resume’, a Certificate for completion of the Project Management Professional course; three letters of employment; a Record of Award of Entry Grade Credit (DA Form 5074-1-R); a Chronological Statement of Retirement Points. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is presently serving in an active Army Reserve (TPU).  

2.  The applicant’s military records show that, after having had prior enlisted service, on 3 October 2004, the applicant was appointed a second lieutenant (2LT) in the Medical Service Corps (MSC) of the United States Army Reserve (USAR).  

3.  A DA Form 5074-1-R, dated 17 November 2004 in connection with the applicant’s appointment processing does not show he was granted constructive service credit.

4.  The applicant completed the AMEDD Officer Basic Course (OBC) on 10 June 2005.  The applicant was promoted to first lieutenant with a date of rank and effective date of rank of 2 October 2006. 

5.  The applicant provides a copy of his Bachelor of Science in Mechanical Engineering from Northeastern University, Boston, Massachusetts, which shows he was awarded this degree in June 2000.  He provides a copy of his   Master of Business Administration Degree, from Nichols College, Dudley, Massachusetts, which shows he was awarded his MBA degree in May 2005.  He also provides an academic transcript from Northeastern University; a copy of his Resume’; his Certificate for completion of the Project Management Professional course; three letters of employment, a DA Form 5074-1-R; a Chronological Statement of Retirement Points. 

6.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Medical Service Corps Division, Health Services Directorate.  The chief determined after careful review of the information submitted by the applicant that the applicant was in fact due additional constructive credit based on AR135-101, Title 10, and DODI 6000.13 (table 6.1.1.1).  In view of the facts of the case, it was recommended that the applicant’s original constructive credit be updated to reflect 01-07-28 (1 year, 
7 months and 28 days).  The applicant was boarded on 26 April 2004 and placed on the Order of Merit list (OML) as a 72E.  He was activated from the OML on 
3 October 2004.  At the time of his activation he was given zero constructive credit.

7.  DOD Instruction (DODI) 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6.1 states that a prospective heath profession officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment  as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.  

8.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive service credit.  It states that this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.  

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 it is the primary degree or an additional degree, shall be awarded based on actual full-time equivalent education up to two years for a master’s degree and up to four year’s for a doctorate.  Credit may not include time spent in attainment of baccalaureate or lower degrees.  It further states that no additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master's and doctorate degree may not exceed the maximum allowed for a doctorate.  The DODI guidance further indicates the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the military service concerned.  

10.  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).  This regulation provides that officers appointed in the MS Corps with 3 years or more, but less than 7 years CSC, will be appointed in the grade of first lieutenant.  The years of excess credit from that applied to the entry grade will be used to adjust the officer’s date of rank within the appointed grade.  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  Table 3 -1 states that credit for advanced degrees may be awarded at the rate of 1 year for each year (school year).  The degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated duty position.  
11.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Officers.  This regulation specifies that an officer in the grade of second lieutenant will be considered for promotion by an Administrative Promotion Board.  Promotion to first lieutenant requires completion of 2 years time in grade and completion of a branch OBC. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive constructive service credit for his education and Professional experience were carefully considered and found to have merit.  

2.  By regulation, authorized constructive 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.  The available advisory opinion confirms that, in accordance with the applicable regulations, the applicant was entitled to receive a total of 1 year, 7 months and 28 days of constructive service credit for his basic qualifying degree and professional experience upon his appointment in the MSC on 3 October 2004.  His record should be corrected to show that based on this constructive credit, his second lieutenant date of rank was established as 
5 February 2003.

3.  Further based on the adjustment to his second lieutenant date of rank, his promotion effective date and date of rank to first lieutenant should be adjusted to 10 June 2005, the date he completed his branch OBC.  Based on completion of OBC on 10 June 2005, he met all the requirements for promotion to first lieutenant on that date and should be provided all back pay and allowances due as result of these corrections to his promotion effective dates and dates of rank to second and first lieutenant.

4.  Therefore, it is concluded that based on a matter of equity the applicant’s record should be corrected as recommended below.

BOARD VOTE:

____X___  __X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing he was awarded a total of 1 year, 7 months and 28 days of constructive service credit upon his 3 October 2004 appointment in the MSC;
	
      b.  showing that his second lieutenant date of rank was established as       5 February 2003;
      
      c.  showing his promotion effective date and date of rank to first lieutenant was established as 10 June 2005; and 
      
      d.  providing him all back pay and allowances due as a result of these corrections to his second lieutenant and first lieutenant dates of rank and promotion effective dates.


       _   ___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)                                         AR20070011479



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20070011479



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1