IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080002183 


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 reconsideration of an earlier appeal for award of additional constructive service credit (CSC) and an adjustment to her date of rank (DOR) for First Lieutenant (1LT)/O-2, in addition to back pay and promotion consideration.

2.  The applicant states, in effect, that she is submitting new evidence that shows she should be awarded an additional 2 years of credit for her Master's degree instead of the 9 months that were awarded for her Bachelor of Science (BS) degree and 9 months credit for her Dietetic Internship/Post Baccalaureate Education.  Her entry grade credit should be recalculated to 5 years and 9 months with an adjusted date of rank of 8 October 1998 instead of 3 years and 9 months with a date of rank of 12 September 2000.

3.  The applicant provides an undated memorandum from the Commander, U. S. Army Recruiting Command (USAREC); a memorandum containing revised Constructive Credit  Guidelines for Medical Specialist (SP) Corps Officers, dated 8 January 2007; a DA Form 71 (Oath of Office- Military Personnel), dated 8 July 2002; a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 17 July 2002; and a college transcript from the University of Kentucky, printed on 18 March 2002.





CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003094510, on 
8 April 2004.

2.  The applicant's contentions are new arguments which will be considered by the Board.  In addition, the evidence provided is new evidence which will be considered by the Board.

3.  The applicant was initially appointed as a Reserve Commissioned Officer of the Army at the rank of 1LT, SP, on 8 July 2002.

4.  A DA Form 5074-1-R, dated 17 July 2002, shows that the applicant qualified for appointment as a 1LT.  She was awarded a total of 3 years and 9 months of constructive credit for entry grade determination (1 year and 9 months in excess of that required for her grade).  The applicant's DOR to 1LT was determined to be 12 September 2000 (1 year and 9 months prior to her 8 July 2002 appointment date).  

5.  U. S. Human Resources Command Orders B-04-500683, dated 21 April 2005, show that the applicant was promoted to the rank and pay grade of Captain (CPT)/O-3, SP, with a DOR of 24 March 2005.

6.  In the processing of this case, an advisory opinion was obtained from a Program Manager, SP, Health Services Directorate, USAREC who recommended approval of the applicant's request.  That manager stated, "At the time CPT V____ was appointed, constructive credit was not given to SP applicants who possessed a Master's degree in a related field.  However, this policy was changed by additional guidance provided in a memorandum dated 
7 December 2006 and signed by the Corps Chief, Colonel B______ D_____.  This memorandum clearly stated that its provisions would be retroactive to applicants who accessed on or after 1 October 2001.  CPT Vidal took her Reserve oath of office on 8 July 2002; thus, the revised policy is applicable to her."

7.  The Program Manager further stated "……..CPT  V____ should retroactively receive two years of additional constructive credit for her Master's degree in light of the new SP constructive credit policy and the AOC consultant's approval of her 




degree.  This would bring her total entry grade credit to 5 years, 9 months, and 
0 days, and her rank at date of initial appointment would remain 1LT." The applicant concurred with the advisory opinion.

8.  A corrected DA Form 5074-1-R, dated 17 July 2008, was prepared by a Program Manager, SP, USAREC, that shows the applicant qualified for appointment as a 1LT.  She was awarded a total of 5 years and 9 months of constructive credit for entry grade determination (3 years and 9 months in excess of that required for her grade).  The applicant's DOR to 1LT was determined to be 8 October 1998 (3 years and 9 months prior to her 8 July 2002 appointment date).

9.  Department of Defense Instruction (DODI) Number 6000.13, dated 30 June 1997, implements the policies, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive credit and prior commissioned service (as allowed in the DODI) credit except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.

10.  Title 10, U. S. Code, section 12207(e) states that constructive service credited an officer under subsection (b) (education) shall be used only for determining the officer's initial grade, rank in grade, and service in grade for promotion eligibility.

11.  Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  Chapter 
3 provides that grade and date of rank upon original appointment and assignment to an Army medical Department branch will be determined by the number of years of entry grade credit awarded.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states, in pertinent part, that a special selection board (SSB) will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records through error, were not submitted to a mandatory promotion selection board for consideration.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was appointed on 8 July 2002 as a 1LT.  She was awarded a total of 3 years and 9 months of constructive credit for entry grade determination.  Her 1LT DOR was 12 September 2000.  
2.  Due to a change in policy for awarding constructive credit for Army SP officers, the applicant was granted an additional 2 years of constructive service credit due to her Master's degree.  A corrected DA Form 5074-1-R, dated 17 July 2008, was issued that shows she was appointed as a 1LT and awarded a total of 5 years and 9 months of constructive credit for entry grade determination  
(3 years and 9 months in excess of that required for her grade).  The applicant's 1LT DOR was changed to 8 October 1998 (3 years and 9 months prior to her 
8 July 2002 appointment date).  Therefore, the applicant's military records should be corrected to show her 1LT DOR as 8 October 1998.

3.  Evidence of record shows that the applicant was promoted to CPT with a DOR and effective date of 24 March 2005.  Due to the applicant's corrected 1LT DOR she would have been eligible for promotion consideration to CPT at an earlier date.  Therefore, she should be considered by an SSB for promotion consideration to CPT.

4.  Constructive service only counts for promotion eligibility purposes.  Correcting the amount of constructive credit she was awarded has no effect on her pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20030094510, dated 8 April 2004.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	     a.  correcting her military records to show she was awarded 5 years and 
9 months of constructive credit, adjusting her date of rank to first lieutenant to 
8 October 1998; and


	     b.  after determining when she would have been eligible promotion to captain based on upon her new first lieutenant date of rank, submitting her records to a duly constituted Special Selection Board(s) for promotion consideration to captain under the appropriate criteria.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to back pay.




      _______ _xxxx______   ___
       	   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)                                         AR20080002183



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ABCMR Record of Proceedings (cont)                                         AR20080002183



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