BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090004318
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, additional entry-grade credit for his master of science (MS) degree and adjustment of his date of rank to captain (CPT).
2. The applicant states his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) indicated that he held a bachelor of science (BS) degree when he actually held an MS degree. He entered the Army as a second lieutenant (2LT) when he should have been a first lieutenant (1LT). His date of rank as a CPT should be advanced by 2 to 3 years.
3. The applicant provides copies of his diploma, transcript, and a certificate for a course in prescriptive practice.
CONSIDERATION OF EVIDENCE:
1. The applicant graduated from the University of Florida with a Master of Physician Assistant Studies degree on 7 August 1999. Earlier he had received a BS degree from the University of Central Florida.
2. On 27 September 2000 he was appointed as a 2LT in the U.S. Army Reserve (USAR) as a Physician Assistant (PA) and was assigned to the Army Medical Specialist Corps. He was awarded 7 months and 13 days constructive service credit based upon pre-service professional work experience. That time was used to adjust his date of rank.
3. His DA Form 5074-1-R correctly lists his BS as the qualifying degree in Section A - Credit for Basic Qualifying Degree. It does not list the MS in Section B - Credit for Advanced Education Beyond the Qualifying Degree.
4. He was promoted to 1LT effective 16 September 2003 and to CPT on 24 April 2007 with a date of rank of the same date.
5. During the processing of this case an advisory opinion was obtained from the Physician Assistant Program Manager, Army Recruiting Command, who noted that the practice of awarding constructive service credit for a master's degree did not start until 7 December 2006. [A 7 December 2006 memorandum from the Chief, Army Medical Specialist Corps for the Commander U.S. Army Recruiting Command actually established 1 October 2001 as the effective date for this provision.] He observed that the applicant was credited with the proper entry-grade credit based upon documented prior work experience.
6. The advisory opinion was provided to the applicant on 10 June 2009. On 10 July 2009, the applicant requested a 30-day extension because the opinion had arrived during his 2-week annual training period. However, no final response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his DA Form 5074-1-R indicated that he held a BS degree when he actually held an MS degree. He entered the Army as a 2LT when he should have been a 1LT. Once he is promoted to CPT, his date of rank should be advanced by 2 to 3 years.
2. The applicant was originally appointed as a USAR officer on 27 September 2000. The practice of awarding entry-grade credit to appoint a PA with a master's degree as a 1LT did not start until late 2001.
3. Although the DA Form 5074-1-R did not list his master's degree, this was a harmless omission since no entry-grade credit would have been awarded at that time.
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. In view of the foregoing, 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) AR20090004318
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