IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080010213
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 that she be granted constructive service credit and change her original appointment to first lieutenant (1LT), pay grade O-2.
2. The applicant states that she received two masters of science degree before she was commissioned. She was told that with a master's degree she would be commissioned a 1LT. She feels that her "degrees and experience were not given adequate credit."
3. The applicant provides, in support of her request, copies of email messages; college transcripts from the University of Colorado at Colorado Springs showing receipt of a Bachelor of Arts in Education, a Master of Science (MS) in Chemistry, and an MS in Forensic Science; and her DA Form 4037 (Officer Record Brief).
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a second lieutenant in the Medical Service Corps (MSC) as an environmental science officer. Her date of appointment and date of rank was determined as 15 December 2007.
2. The college transcripts show the applicant received a Bachelor of Arts in Education on 20 May 2002, an MS in Chemistry on 16 December 2006, and an MS in Forensic Science on 15 December 2007.
3. Title 10, U.S. Code, section 12207(e) states constructive service credit granted 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.
4. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches. In pertinent part, it states the 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.
5. The regulation further provides that applicants for appointment and assignment to the MSC must meet specific qualifying college educational requirements. An environmental science officer must have a master's degree in public health or related area of specialization (such as environmental health, environmental science, industrial hygiene, or food technology) from an acceptable school. Persons with a baccalaureate degree in these fields may be considered. Table 3-1(Constructive Service Credit) of the regulation provides that additional advanced degrees may be used for such credit when they add adjunctive skills to the primary specialty and contribute directly toward the performance of the anticipated duty position.
6. During the processing of this case, on 16 January 2009, an advisory opinion was obtained from the MSC Division, Health Services Directorate, Army Recruiting Command. The advisory official noted that, since the applicant's education degree was not a qualifying degree for her specialty, the MS in Chemistry became the basic qualifying degree and the MS in forensic science was judged not sufficiently related to the applicant's Army specialty of environmental science to justify constructive service credit.
7. On 23 January 2009, the advisory opinion was sent to the applicant for information and to provide her the opportunity to submit a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that she received two masters of science degrees before she was commissioned. She was told that with a master's degree she would be commissioned a 1LT. She feels that her "degrees and experience were not given adequate credit."
2. There is no regulatory provision for the granting of additional constructive service credit for other advanced degrees, except where such education provides adjunctive skills.
3. There is no evidence of record and the applicant did not provide any evidence to support her contention that she was informed that she would receive additional constructive service credit for any advanced degree.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
5. There is no documentation to support the applicant's contention and no rationale to support the implied conclusion that those alleged circumstances would warrant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
__________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) AR20080010213
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