IN THE CASE OF:	  

		BOARD DATE:	       17 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080004704 


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 adjustment of his date of rank as a commissioned officer (CO) in the United States Army Reserve (USAR) and/or constructive service credit based on his exceptional experience and skills in the fields of Signal Communications (SC) and Information Technology (IT).

2.  The applicant states that he has multiple periods in his career that he believes meet the criteria of special experience in SC and IT.  He states that he should be granted constructive credit, in part or in whole, for performing the duties as an automation noncommissioned officer (NCO) in 1995, which was a chief warrant officer three (CW3) position; for performing the duties of the Acting Chief of Staff, G-6 from 1995 through 1998; and for performing the duties of the Battalion Communications Noncommissioned Officer (Acting SIGO) from 1998 through 1999.  He states that while he has always been rated in his duty military occupational specialty (MOS), he has in all these instances had the roles and responsibilities commensurate with a senior NCO/junior CO.  He states that he believes that his record speaks for itself; however, he would like to submit clarifications and supporting documents to bolster a request that is out of the realm of the norm as has been much of his career.  The applicant goes on to explain what his duties entailed when he was assigned to the Acting Chief of Staff, G-3 Plans Office as a specialist (E-4) and how he was given work and responsibilities because of his willingness to learn and his capacity to apply critical-thinking to decisions.  



3.  The applicant states that he was subsequently assigned to the G-6 office to overhaul their automation program and he goes on to provide details of his duties and responsibilities while assigned to that position.  He states that he had a permanent change of station and was assigned to the 46th Engineering Battalion and immediately found a Battalion Communications Office that was understaffed and undertrained.  He states that he took over the duties of the signal officer and that he attended all battalion staff meetings within weeks of his arrival.  The applicant states details of his achievements while performing as the signal officer and he states that he has been denied constructive credit and an adjustment of his date of rank by the Direct Appointment Office.  The applicant concludes by stating that he was told to seek redress through the Army Review Boards Agency and that he is seeking a total of 18 months of constructive service credit and he provides a breakdown of the months of credit as he believes they pertain to his assignments and duties.

4.  The applicant provides in support of his application, a copy of electronic mail addressed to him, from an Army civilian, Chief, Appointments, dated 29 January 2008; a memorandum authored by a retired lieutenant colonel, addressed to “the President of the Board” dated 25 February 2008; a copy of a Recommendation for Award of the Meritorious Service Medal, dated 22 April 1998; and a copy of his NCO Evaluation Reports for the periods January 1994 through November 1994, April 1995 through July 1995, August 1995 through July 1996, August 1996 through March 1997, April 1997 through March 1998, April 1998 through July 1998, and August 1998 through July 1999.

CONSIDERATION OF EVIDENCE:

1.  On 11 September 1987, the applicant enlisted in the Regular Army (RA), in Detroit, Michigan, for 4 years, in the pay grade of E-1.  He successfully completed his training as a unit level communications maintainer.  He remained on active duty through a series of reenlistments and extensions.

2.  The applicant’s NCO Evaluation Reports for the periods covering January 1994 through July 1999 show that his conduct and efficiency was successful to excellent and he was rated overall as being among the best.

3.  On 22 April 1998, the applicant was recommended for award of the Meritorious Service Medal for meritorious service while assigned as Automation Noncommissioned Officer in Charge and Systems Administrator at Headquarters and Headquarters Battery, V Corps Artillery.  The award was downgraded to an Army Commendation Medal (Third Oak Leaf Cluster) on 10 June 1998.

4.  The applicant’s records show that he was honorably discharged from the RA on 3 November 1999, upon completion of his required service.  The DD Form 214 that he was furnished at the time of his discharge shows that he held a signal support systems specialist MOS for 7 years, and that he held a unit level communications maintainer MOS for 4 years and 9 months. 

5.  On 4 November 1999, the applicant enlisted in the Michigan Army National Guard (MIARNG), for 1 year, in the pay grade of E-5.

6.  The applicant’s Report of Separation of Service (NGB Form 22) shows that he was honorably discharged from the MIARNG on 19 January 2000 to “enlist in any component of the Armed Forces.”

7.  The applicant’s records indicate that he enlisted in the USAR on 19 January 2000.  His records also show that he was promoted to staff sergeant (E-6) on 1 August 2001, he was promoted to sergeant first class (E-7) on 1 December 2003, and he was promoted to master sergeant (E-8) on 1 February 2007 while he was a member of the USAR.

8.  On 1 October 2007, the applicant accepted an appointment as a second lieutenant in the USAR, which is his current status and rank.

9.  The electronic mail that the applicant has submitted in support of his application indicates he contacted USAR officials requesting an adjustment of his date of rank or constructive credit.  The applicant was informed that, after a review of his request and his appointment application packet, there was not substantial justification to seek a Department of the Army Waiver for alteration of his date of rank.

10.  The memorandum addressed to the President of the Board from the retired lieutenant colonel dated 25 February 2008, provides information and an explanation of the laws pertaining to constructive service credit and how it relates to the applicant’s duties and assignments, while he was an enlisted member in the Army.

11.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  




12.   DODI 6000.13, paragraph 6.2.2.2.5 states credit of one-half year for each year of experience, up to a maximum of three 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.

13.  DODI 6000.13 states constructive service credit may also be awarded for master’s and doctorate degrees in a health profession other than medicine and dentistry under certain circumstances; for successful completion of internship, residency, fellowship, or equivalent graduate medical, dental, or other formal professional training.  Additional credit may also be awarded in unusual cases, based on special education or experience. 

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether or not the applicant is entitled to constructive service credit or an adjustment of his date of rank based on his Army experience.

2.  While the applicant is commended on his service to the Army, there is no evidence in the available records, nor has he submitted any evidence to show that he meets the educational or special skill requirements to be awarded constructive service credit.  

3.  His records show that while he was in an enlisted status, he was awarded a signal support systems specialist MOS and a unit level communications maintainer MOS.  His records do not show that he has any health care experience that may have assisted him in being eligible for constructive service credit and his hard work and experience as an enlisted member of the United States Army is not sufficient to warrant granting constructive service credit.  

4.  His records properly show that he accepted an appointment as a second lieutenant in the USAR on 1 October 2007.  His date of rank is currently correct based on the available records.

5.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.



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.




      ___        XXX                ___
                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)                                         AR20080004704



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ABCMR Record of Proceedings (cont)                                         AR20080004704



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