IN THE CASE OF:	

		BOARD DATE:	  12 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018836 


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 her records be changed to reflect that she was initially commissioned as a first lieutenant in the U.S. Army Reserve (USAR) on 20 December 2007 instead of as a second lieutenant.

2.  The applicant states she should have received 4 years of constructive credit for her Doctor of Pharmacy degree.  She also states she should receive any back pay due her as a result of this correction.

3.  The applicant provides, in support of her application, copies of her Army Medical Department (AMEDD) Officer Basic Course Diploma, her Army Appointment Certificate, her current pharmacist license, her academic evaluation report from the AMEDD Officer Basic Course, a draft of a Record of Award of Entry Grade Credit (Health Services Officers) (DA Form 5074-1-R), her DA Form 71 (Oath of Office - Military Personnel), her letter of appointment, her college transcripts, her diploma for the degree of Doctor of Pharmacy, her pharmacy license from the Commonwealth of Pennsylvania, her certificate to practice as a pharmacist in the Commonwealth of Pennsylvania, a certificate signed by the Surgeon General, her resume, and a copy of Department of Defense Instruction (DODI) 6000.13.

CONSIDERATION OF EVIDENCE:

1.  Transcripts, issued 28 January 2008, and a diploma from Duquesne University, Pittsburgh, Pennsylvania, show the applicant was awarded a Doctor of Pharmacy Degree from the Duquesne University on 20 December 2007.
2.  On 20 December 2007, the applicant was commissioned as a second lieutenant in the USAR in the Medical Service Corps.  Her date of rank (DOR) was established as 20 December 2007.  She was assigned to a USAR troop program unit.

3.  On 18 June 2008, the applicant was ordered to active duty to report on 13 July 2008 for a period of 362 days.  Subsequent orders, dated 20 June 2008, amended the period of active duty to 365 days.

4.  In the processing of this case, an advisory opinion, dated 7 January 2009, was provided by the Medical Service Corps Division, Health Services Directorate, Headquarters, United States Army Recruiting Command (USAREC).  USAREC stated the applicant was commissioned as a Medical Service Corps officer and she held her Doctor in Pharmacy Degree.  USAREC concluded that the applicant qualified for 4 years of constructive credit and recommended that her rank and DOR be adjusted to first lieutenant.

5.  On 8 January 2008, the applicant agreed with the advisory opinion and added that she should be due any pay adjustments as a result of this action.

6.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent part, it states that the grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.

7.  Paragraph 3-2a (Determination of entry grade for officers not ordered to active), Table ERR, of Army Regulation 135-101 provides that for an entry grade credit of 3 years or more, but less than 7 years, the entry grade is first lieutenant.

8.  Paragraph 3-2b of Army Regulation 135-101 provides that authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

9.  Paragraph 6.1.2.2.1 of DODI 6000.13 provides that 4 years of constructive service credit shall be granted for completion of first professional degrees that include medical, osteopathy, dental, optometry, podiatry, veterinary, and pharmacy.

10.  Paragraph 6.2.1 of DODI 6000.13 provides that a person granted service credit under this instruction and placed on the active duty list or the reserve active status list of a military service may have an entry grade determined by comparing the entry grade credit with the currently-established promotion phase points of the military service and officer category concerned.  Entry grade credit in excess of the minimum years of entry grade credit required to establish a specific grade (but less than the amount necessary to justify the next higher grade) shall be used to adjust the date in the entry grade.

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant was commissioned as a second lieutenant in the USAR she held a Doctor of Pharmacy Degree.  Therefore, in accordance with paragraph 6.1.2.2.1 of DODI 6000.13, and as stated in the advisory opinion, she was authorized 4 years of constructive credit at the time of her commissioning.

2.  The applicant did not have any commissioned service prior to her commissioning in the USAR.  Therefore, in accordance with Army Regulation 
135-101, her entry grade credit is determined to be 4 years.

3.  In accordance with paragraph 3-2a, Table ERR, of Army Regulation 135-101, the applicant had the 3 years minimum entry grade credit for the entry grade of first lieutenant.

4.  The applicant had 1 year of authorized entry grade credit in excess of the minimum 3 years required for appointment to the grade of first lieutenant.  Therefore, in accordance with paragraph 6.2.1 of DODI 6000.13 and paragraph 3-2b of Army Regulation 135-101, this 1 year is to be used to adjust the date of rank within that grade.

5.  Therefore, it is appropriate to change the applicant's records to show the applicant was commissioned as a first lieutenant on 20 December 2007 with an adjusted DOR based on 1 year of authorized entry grade credit in excess of the minimum required for first lieutenant.

6.  In addition, the applicant's pay records should be audited to provide for any pay due the applicant as a result of the above correction.


BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show the applicant was commissioned as a first lieutenant on 20 December 2007 with an adjusted DOR of 20 December 2006.

2.  Additionally, the Defense Finance and Accounting Service should audit the applicant's pay records and provide the applicant any pay and allowances due her based on the above corrections.



      __________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)                                         AR20080018836



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018836



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1