IN THE CASE OF:	

		BOARD DATE:	  14 April 2009

		DOCKET NUMBER:  AR20090002451 


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 the Board's denial of his request to be awarded additional Constructive Service Credit (CSC) for his civilian experience when he was commissioned as a captain, Medical Service Corps (MSC).

2.  The applicant states that he is providing evidence of his civilian experience in the medical field.

3.  The applicant provides documents pertaining to his status as a Physicians Assistant and Forms W-2 (Wage and Tax Statements).

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 AR20080010658 on 30 December 2008.

2.  In its original consideration of this case, the Board found that:

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

	b.  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.

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

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

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

	f.  In a memorandum from the Chief, Appointments, United States Army Reserve 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.

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

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

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

3.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officer for Assignment to Army Medical Department Branches) provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  This regulation provides CSC for certain qualifying degrees.  A degree as a Physicians Assistant is not listed as a qualifying degree.  Credit is also given for full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after the qualifying degree, but this is limited to Medical Corps and Dental Corps officers (it does not apply to MSC officers).  As such, entry-grade credit for a Physicians Assistant will be the credit awarded for prior commissioned service.  Prior active commissioned service, other than on extended active duty or commissioned service in an active status in the specialty in which being appointed, is awarded at the ratio of 1/2 year for each year of service for MSC officers.  A basic principle provides that no period of time may be counted more than once.  Entry-grade credit is used only to determine entry rank and date of rank which controls time in grade and promotion eligibility.

4.  Department of Defense Instruction (DODI) 6000.13, paragraph 6.1.1., Prior Commissioned Service Credit, states that credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience, which maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.

5.  DODI 6000.13, paragraph 6.1.2.2.5. authorizes 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.

6.  Guidance obtained from the proponent of DODI 6000.13 revealed that, while constructive credit for experience in a military PA program would not normally be granted, special consideration was given to those warrant officer PAs who were appointed as commissioned officers in the early 1990s.  They were granted constructive credit for their military experience.  On the other hand, while constructive credit is normally given for civilian experience, the civilian PA program is different from the military PA program, and constructive credit for experience in a civilian PA program is not normally granted.

7.  The employment history provided by the applicant shows that he worked from September 1975 to October 1979 and again from August 1980 to December 1985 in PA positions.

8.  In the previous consideration of the applicants case, an advisory opinion from the U. S. Army Recruiting Command stated that his constructive credit had been calculated using his prior military PA experience versus his civilian PA experience prior to joining the Reserves in 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a warrant officer effective 28 May 1991,       as a PA.  He (and all) warrant officer PAs converted to commissioned officers, Medical Service Corps, in December 1991.  He was granted with 7 years, 8 months, and 7 days of constructive credit.

2.  Not all the facts concerning the constructive service credit the applicant was given in 1991 is known.  The advisory opinion from the previous case indicated it was all due to his previous military PA experience.  However, the DODI states that a maximum of 3 years constructive credit for experience will be given.  There may have been special policies for those warrant officer PAs who converted to commissioned officers.

3.  Nonetheless, in accordance with the guidance obtained from the proponent of the DODI, it appears that the applicant is not eligible to receive additional constructive credit for his civilian PA experience.
 
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 to amend the decision of the ABCMR set forth in Docket Number AR20080010658 dated 30 December 2008.



      ___________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)                                         AR20080010658



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ABCMR Record of Proceedings (cont)                                         AR20090002451



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