IN THE CASE OF:	

	BOARD DATE:	30 December 2008  

	DOCKET NUMBER:  AR20080010658 


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, 3 years of constructive service credit for 
6 years of civilian experience as a physician assistant prior to entering the United States Army Reserve.

2.  The applicant states, in effect, that at the time of his 1991 commissioning as a captain in the Medical Service Corps, he was not credited with the correct amount of constructive service credit. 

3.  The applicant provides copies of his certificate for completion of the Physician Assistant Program in 1975 from the North Carolina Baptist Hospital; appointment and promotion letters for warrant officer one, chief warrant officer two, and chief warrant officer three; appointment memorandum and oath of office for captain, Medical Service Corps; memoranda for promotion to major and lieutenant colonel, United States Army Reserve; and Chronological Statement of Retirement Points (ARPC Form 249-E).

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.  A certificate provided by the applicant shows that he satisfactorily and competently completed a [2 year] training program in Physician Assistant from September 1973 through August 1975. 

3.  In a Letter from The Adjutant General, dated 17 April 1981, the applicant was appointed as a Reserve warrant officer one, pay grade W1, effective upon his acceptance [28 May 1981] for an indefinite term.

4.  On 28 May 1984, the applicant was promoted to chief warrant officer two, pay grade W2.

5.  On 13 March 1987, the applicant was commissioned as a chief warrant officer two.

6.  On 28 May 1990, the applicant was promoted to chief warrant officer three.

7.  In a memorandum from the Chief, Appointments, United States Army Personnel Command, St. Louis, Missouri, dated 12 December 1991, the applicant was appointed in the rank of captain, United States Army Reserve, Medical Service Corps, effective upon his acceptance.  This letter indicated that he had been credited with 7 years, 8 months, and 7 days of constructive credit, none of which was the result of any prior military service.

8.  On 4 February 1992, the applicant swore his oath of office as a captain in the United States Army Reserve.

9.  On 18 July 1998, the applicant was promoted to the rank of major in the United States Army Reserve.

10.  On 24 October 2004, the applicant was promoted to the rank of lieutenant colonel in the United States Army Reserve.

11.  The Chronological Statement of Retirement Points (ARPC Form 249-E) dated 21 July 2008, shows that the applicant has served in the United States Army Reserve from 28 May 1981 through 27 May 2008.  It does not show any break in service and credits him with 27 qualifying years for retirement.

12.  In the processing of this case, an advisory opinion was obtained from the Program Manager, Health Services Directorate, United States Army Recruiting Command, Fort Knox, Kentucky.  This advisory opinion states, in effect, that the applicant was not credited with 6 years of civilian work experience at the time of his commissioning in the Army Medical Service Corps.  It states that his constructive credit was based only on his prior military patient assistance experience and concludes that he should have received an additional 3 years of constructive credit.  

13.  On 24 November 2008, the applicant concurred with the advisory opinion.

14.  The Department of Defense Instruction (DODI) NUMBER 6000.13 (Medical Manpower and Personnel) provides the following:

      a.  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. 

      b.  6.1.2.2.5.  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.  Accordingly, volunteer, or student status cannot be credited.
      
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was not granted 3 years of constructive service credit at the time of his commissioning as a captain for his 6 years of civilian work experience prior to entry on active duty as a warrant officer.

2.  The available evidence clearly shows that the applicant was granted 
7 years, 8 months, and 7 days of constructive service credit at the time of his appointment as a captain in the Medical Service Corps.  Furthermore, the appointment memorandum clearly shows that none of this constructive credit was as a result of his prior military service.

3.  Not withstanding the advisory opinion, there is no available evidence regarding the applicant’s civilian work experience prior to his entry into the United States Army Reserve as a warrant officer.  All that is available for review is a certificate of his 2 year training as a physician assistant.

4.  In view of the above, there is insufficient available evidence upon which to make a determination.  Therefore, the applicant’s request should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010658



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