IN THE CASE OF:	  

		BOARD DATE:	  7 August 2008

		DOCKET NUMBER:  AR20070018347 


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 his initial appointment rank be changed from second lieutenant (2LT) to first lieutenant (1LT), and that he be promoted to captain (CPT), effective and with a DOR of 2 February 2006.  

2.  The applicant states, in effect, that at the time of his appointment on 
2 February 2004, he had a bachelor of science (BS) and master's degree in Physician Assistant studies, and based on the governing commissioning policy, he should have received at least 2 years of constructive service credit at the time of his appointment, which would have resulted in his being appointed as a 1LT.  He further states that he was promoted to 1LT on 2 February 2006, and had he received the appropriate constructive service credit, he would have instead been promoted to CPT on that date.      

3.  The applicant provides college transcripts and Federal Recognition orders in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that on 11 July 2004, he was appointed a 2LT in the United States Army Reserve (USAR) in specialty 65D (Physician's Assistant), and granted Federal Recognition in that grade and specialty in the Army National Guard (ARNG).  


2.  On 15 April 2005, the Chief, Personnel Policy Branch of the National Guard Bureau, approved awarding the applicant constructive credit for completion of the USAR Army Medical Department (AMEDD) Officer Basic Course (OBC). 

3.  On 2 February 2006, the applicant was promoted to and granted Federal Recognition as a 1LT.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB) Chief, Personnel Division.  This official recommends approval of the applicant's request to change his appointment grade from 2LT to 1LT; to be promoted to CPT, effective 
2 February 2006; and to receive all back pay and allowances due.  She states this recommendation is based on the policy contained in the governing regulations; is supported by a recommendation from the NGB's Chief Surgeon Division, who indicates in an attached electronic mail (e-mail) message, dated 4 April 2008, that the applicant should have been granted 2 years of constructive service credit at the time of his appointment and should have been appointed in the grade of 1LT; and that his record should be corrected to show he was promoted to CPT vice 1LT on 2 February 2006.  On 2 May 2008, the applicant concurred with this advisory opinion. 

5.  Department of Defense 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 the entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases whet the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.  

6.  Paragraph 6.1.2.2.2. of the same DODI 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.  Paragraph 6.1.2.2.3. states that 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.  

7.  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.  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.  

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).  Table 2-1 shows that the minimum time in grade requirement for promotion from 2LT to 1LT is 2 years and that the minimum time in grade requirement for promotion from 1LT to CPT is also 2 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his initial appointment should have been in the rank of 1LT, and that he should have been promoted to CPT instead of 1LT on 
2 February 2006, was carefully considered and found to have merit.  

2.  The evidence of record shows that the applicant should have been awarded
2 years of constructive service credit based on his master's degree, and appointed in the grade of 1LT instead of 2LT.  Further, based on the appointment grade of 1LT, the applicant should have been promoted to CPT instead of 1LT on 2 February 2006, as evidenced and supported by the NGB advisory opinion, which had the concurrence of the ARNG Chief, Surgeon.  Therefore, it would be appropriate to correct his record accordingly.

3.  By regulation, the minimum time in grade requirement for promotion from 
2LT to 1LT, and for promotion from 1LT to CPT is 2 years for both.  The evidence of record confirms the applicant was fully qualified for promotion on 2 February 2006, when he was promoted to 1LT.  As a result, based on the award of constructive service credit and the change to his appointment grade to 1LT, as outlined in the preceding paragraph, it would be appropriate and serve the interest of justice to also correct his record to show that he was promoted to CPT vice 1LT on 2 February 2006, and to provide him all back pay and allowances due as a result. 



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 showing that at the time of his initial appointment, he was granted 2 years of constructive service credit for his advanced degree, and appointed in the grade of first lieutenant; by showing that he was promoted to captain vice first lieutenant on 2 February 2006; and by providing him all back pay and allowances due as a result.



      _______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)                                         AR20070018347



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ABCMR Record of Proceedings (cont)                                         AR20070018347


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