IN THE CASE OF:	  

	BOARD DATE:	  24 July 2008

	DOCKET NUMBER:  AR20080001396 


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 correction of his records to show he was awarded 5 years, 5 months, and 26 days of constructive service credit instead of 2 years, 8 months, and 28 days.

2.  The applicant states that he was awarded one-half credit instead of full credit (i.e., day-for-day credit) for his commissioned service in the Medical Service Corps (MSC) performed prior to his appointment as a commissioned officer in the Army Medical Specialist Corps (AMSC).  He further adds that in accordance with section 6.1.1 of Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), for entry grade credit, the Medical Service Corps (MSC), the Biomedical Sciences Corps (BSC), and the Army Medical Specialist Corps (AMSC) are considered the same corps.  Section 6.1.1.1 of DODI 6000.13 states that “Service on active duty or in an active duty status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment."  He also states that he entered the AMSC from the MSC and was only awarded with one-half day credit, which is not in accordance with the DODI guidance.

3.  The applicant provided a copy of a self-authored statement, dated 10 December 2007; a one-page extract from the DODI 6000.13; and a copy of his DA Form 5074-1-R (Record of Award of Entry Grade Credit-Health Services Officer), dated 29 March 2004, in support of his application.  


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he attended Southwest Missouri State University under the Reserve Officer's Training Corps (ROTC) from 1995 to 1999 and was awarded a Bachelor of Science Degree on 14 May 1999.

3.  The applicant’s records also show that he was discharged from the ROTC on 13 May 1999 for the purpose of accepting a commission in the U.S. Armed Forces, and was selected for immediate active duty.

4.  On 14 May 1999, the applicant was appointed as a U.S. Army Reserve commissioned officer in the rank of second lieutenant (2LT) in the Medical Services Corps (MSC) and executed an oath of office on the same day.  He subsequently entered active duty on 19 May 1999 and attended the Army Medical Department (AMEDD) Officer Basic Course.  

5.  In early 2004, the applicant applied for and was accepted into the U.S. Army-Baylor University Doctoral Program in Physical Therapy.  Upon selection, he was transferred from the Medical Services Corps (MSC) to the Army Medical Specialist Corps (AMSC).

6.  The U.S. Army Orthopedic Physical Therapy Fellowship, which began in July 1995 as a residency, is a full time, 18-month program for advanced clinical and didactic education in orthopedic and manual physical therapy.  The program is located at Brooke Army Medical Center (BAMC), Fort Sam Houston, Texas.  The faculty includes allied health and medical staff members from BAMC and the U.S. Army-Baylor University Doctoral Program in Physical Therapy located at the Army Medical Department Center and School.  Graduates of this program go out with the core skills needed to become leaders in the field of orthopedic manual physical therapy. 
7.  On 29 March 2004, a DA Form 5074-1-R was rendered on the applicant which awarded constructive service credit at the rate of one-half day credit per day served, thus qualifying him for 2 years, 8 months, and 28 days of constructive service credit as a first lieutenant (1LT) for his prior active commissioned service from 15 May 1999 to 10 November 2004.

8.  The applicant's records show that he began his course of study on 19 November 2004 and successfully completed all Phase I requirements for the Doctorate of Physical Therapy Degree on 16 June 2006.  While attending this program, the applicant was also promoted to captain on 1 September 2005.

9.  The applicant's records further show that he began Phase II of the U.S. Army-Baylor University Doctoral Program in Physical Therapy on 26 June 2006 and successfully completed all Phase II requirements on 6 April 2007.  Accordingly, he was conferred the Doctor of Physical Therapy Degree.

10.  In his self-authored statement, dated 10 December 2007, the applicant argues that: 

	a.  The DODI 6000.13 is used to guide personnel officers in calculating entry grade for health profession officers.  Within this document, section 6.1.1 states that for entry grade officers, the MSC, the BSC, and the AMSC are considered one corps.  Additionally, section 6.1.1.1 states that 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, shall be credited on a day-for-day basis with any commissioned service performed before such appointment, and that because he entered the AMSC from the MSC (same corps for entry grade credit), his DA Form 5074-1-R, should have reflected day-for-day entry credit for previous commissioned active duty service in the same corps.

	b.  He interprets the MSC to inclusively represent the Army, Navy, and Air Force Medical Services Corps.  As evidence, specific language is used to delineate exclusively the Army MSC and the Navy MSC in sections 6.3.2 and 6.3.4, and that if an exclusive meaning were intended for MSC in section 6.1.1, it seems likely that similar exclusive terms would have been used, such as in sections 6.3.2; 6.3.3; and 6.3.4.  Throughout the document, it appears that a conscientious effort has been made to use precise inclusive and exclusive language, and that in this context MSC used alone is an inclusive term representing the different services.


	c.  The DODI use of the terms Medical Corps, Dental Corps, and Nurse Corps clearly has an inclusive meaning for all the services in section 6.3.3.  Medical Manpower and Personnel that do not fall under the Medical, Dental, Nurse or the Army’s Veterinary Corps can fall in different corps in the Army, Navy, and Air Force.  The Navy consolidates its healthcare administrators, healthcare sciences, and clinical providers into the Navy MSC.  In contrast, the Army consolidates its healthcare administrators, healthcare sciences, and clinical providers into the Army MSC with the exception of dieticians, physician assistants, and physical therapists, which are grouped into the AMSC.  In further contrast, the Air Force consolidates its healthcare administrators into the Air Force MSC and its healthcare sciences and clinical providers into the BSC.

	d.  The placement of a non-physician, dentist, nurse, or veterinarian into a corps in the Army and Air Force is variable, whereas in the Navy, they are considered Navy MSC.  To ensure equality and consistency, it seems likely that the MSC in section 6.1.1 is an inclusive term of all the services.  A non-inclusion suggests inequality.  In summery, the DODI clearly specifies that the MSC and the AMSC are considered the same corps for entry credit. 

11.  An advisory opinion was obtained in the processing of this case.  On 1 October 2007, the Program Manager, SP/VC/DC Branch, Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, Kentucky, stated that the applicant's received the appropriate constructive credit and rank.  The Chief stated that:

	a.  The applicant was initially commissioned as a MSC officer and was then re-branched to the AMSC when he accepted his offer of admission to the U.S. Army Baylor University Doctoral Program in Physical Therapy.  At the time he was re-branched, he received one-half credit for his commissioned time as a MSC officer.  The DODI  6000.13 states that prior commissioned officers shall be credited on a day-for-day basis when the prior commissioned service is in the corps or professional specialty in which being appointed.  Individuals will receive one-half day credit for prior commissioned service not in the corps or professional specialty in which being appointed;

	b.  The Army Medical Specialist Corps (AMSC) is unique to the Army and the other services do not have a Medical Specialist Corps with the exact same medical specialties that the AMSC contains.  The AMSC contains four specialties:  Occupational Therapists, Physical Therapists, Dieticians, and Physician Assistants. These four specialties are found in the Air Force’s BSC and the Navy’s MSC, which is why the DODI reads as it does;

	c.  The Army MSC is no more equivalent to the AMSC than the Army Medical Corps (MC) is.  In fact, the Army Medical Corps is a far more similar corps to the AMSC, in terms of medical provider roles held by corps members, than is the MSC.  Although section 6.1.1 of the DODI 6000.13 is open to interpretation, there is no logical reason why the authors of the DODI would have intended for the AMSC and the MSC to be considered equivalent.  To consider the two corps equivalent would not be desirable to either corps.  For example, an individual who has 10 years and one month of prior service as an Army MSC officer could be commissioned as an Army Physical Therapist (AMSC corps member) at the rank of major and would need to immediately have the knowledge and skills to mentor junior therapists and run an Army Physical Therapy clinic or department.  That individual’s background as an MSC officer would not adequately prepare him/her for these tasks.  Likewise, an Army Physical Therapist who re-branches to the MSC after 10 years and one month of service would not be adequately prepared to assume the roles of major in the Army MSC, regardless of the specific military specialty he or she entered; and

	d.  The applicant’s situation is not unique.  Several officers have accepted admission into either the Army’s Physical Therapy School or the Inter-service Physician Assistant Program; requiring them to re-branch to the AMSC. These individuals routinely receive one-half credit for their prior commissioned time.  In summary, the applicant received the appropriate constructive credit when he was appointed as an AMSC officer.     

12.  A copy of the advisory opinion was forwarded to the applicant on 27 May 2008.  He did not concur with the advisory opinion and submitted a lengthy rebuttal statement.  

13.  In his rebuttal statement, dated 16 June 2008, the applicant restates the same argument he presented in his initial statement and stands by the reasoning and conclusion that the term MSC in section 6.1.1 to be inclusive of the Army, Navy, and Air Force MSC, and that if this section is intended to read Navy MSC, then this is a major oversight that is inconsistent with the careful language used throughout the document.  This does not fulfill the charge of equitable and consistent.    

14.  The DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  This Instruction applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Inspector General of the Department of Defense, the Uniformed Services University of the Health Sciences, the Defense Agencies, and the DoD Field Activities (DOD Components).  The term “Military Services” as used herein, refers to the Army, the Navy, and the Air Force.  It does not apply to inter-Service transfers under 10 USC section 716, except as provided in DO Directive 1300.4 or to the original appointment of Reserve commissioned officers as Regular officers in the Regular Army, Regular Navy, Regular Air Force or Regular Marine Corps under Section 533(f) of reference (c). It is DOD policy that medical manpower, personnel, and compensation programs be established to provide the DOD Components with sufficient military medical personnel to meet all mission requirements.   A prospective health professions officer’s entry grade and rank within grade 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 where the total exceeds the maximum credit allowed, as stated in paragraph 6.1.3.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise.

15.  Section 6.1.1 states that credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.  For entry grade credit, the Medical Service Corps (MSC),the Biomedical Sciences Corps (BSC), and the Army Medical Specialist Corps (AMSC) are considered as the same Corps.  The Secretaries shall establish procedures to ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner.  Credit shall be awarded as follows:

	a. Section 6.1.1.1: 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, shall be credited on a day-for-day basis with any commissioned service performed before such appointment. 

	b.  Section 6.1.1.2: 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 one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

	c.  Section 6.1.1.3. Commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive service credit is awarded, shall be awarded day-for-day credit for service performed. An officer on active duty or in an active status who completes a program that would qualify for credit under subparagraph 6.1.2.2., below, in less than the number of years normally required to complete such education, may be given constructive credit by the Secretary of the Military Department concerned in the amount of the difference between the actual number of years the officer took to complete and the amount of time normally required to complete the program.  The maximum constructive service creditable for completing such a program shall be the number of years (to the nearest year) normally required to complete the advanced education or receive the advanced degree, in accordance with Sections 533 and 12207.  Constructive service credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category.

	d.  Section 6.1.2. Constructive Service Credit. 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. Constructive service credit shall be determined according to the following guidelines.

16.  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 in the six branches of the Army Medical Department (AMEDD).  Table 3-1 of this regulation, paragraph 6, states that additional credit may be granted in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable.  

17.  Department of the Army Pamphlet 600-4 (Army Medical Department Officer Development and Career Management) outlines commissioned officer development and career management programs for Army Medical Department personnel.  It states, in pertinent part, that the term "AMEDD Corps" is used synonymously with "branch" and is a Service of the Army.  An AMEDD Corps is a grouping of officers who have or are developing specific skills unique to their particular branch.  These skills, when integrated into the whole, become the provider portion of the Army health care delivery system.  Each AMEDD Corps is composed of one or more broad health professional disciplines.  Each broad discipline is composed of several specialties, or AOCs, that describe restricted areas of functional expertise necessary to support the discipline as a whole when viewed in its total context. 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was initially commissioned as a MSC officer in May 1999.  He was re-branched to the AMSC nearly five and a half years later, when he accepted an offer of admission to the U.S. Army Baylor University Doctoral Program in Physical Therapy.  At the time he was re-branched, he appropriately received one-half credit for his commissioned time as a MSC officer.  

2.  The DODI  6000.13 states that prior commissioned officers shall be credited on a day-for-day basis when the prior commissioned service is in the corps or professional specialty in which being appointed.  And individuals will receive one-half day credit for prior commissioned service not in the corps or professional specialty in which being appointed; applicant was appointed.

3.  The applicant passionately argues his interpretation of the DODI 6000.13; however, that interpretation is at odds with the official interpretation provided by the Program Manager, SP/VC/DC Branch, Health Services Directorate, US Army Recruiting Command.  The applicant's effort in that regard is noted; however, he does not present a convincing enough argument equating the MSC with the AMSC to warrant granting his request.  In view of the foregoing, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



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       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)                                         AR20080001396



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ABCMR Record of Proceedings (cont)                                         AR20080001396



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