BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090004564 


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 correction of his direct commission into the Indiana Army National Guard (INARNG) in December 2003 to show he was appointed as a first lieutenant (1LT) instead of a second lieutenant (2LT) with a clinical commission as a 72D (Environmental Science Officer) based on his master's degree qualification.

2.  In his rebuttal to the advisory opinion on 16 November 2009, the applicant raised a new issue and now requests correction of his date of rank (DOR) as a captain (CPT) from 29 April 2009 to 18 December 2005.

3.  The applicant states that when transferring from the INARNG to the U.S. Army Reserve (USAR), his master's degree was not looked at during his commissioning process.  He should have been clinically commissioned as an Environmental Science Officer in the rank of 1LT.  He adds that he was told he did not qualify for the slot at the time of commissioning.  When he underwent the transfer to the USAR, he found out that his degree was never considered.

4.  The applicant provides a copy of his official college transcripts; a self-authored timeline for direct commission; and a general officer letter of recommendation, dated 25 February 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant's records show that he submitted an application for appointment as a commissioned officer in the Medical Services (MS) Corps in area of concentration (AOC) 70B (Health Services Administration) of the INARNG in March 2003.  On his application, he indicated that he had previously completed and was awarded a bachelor of science degree in Exercise Science and Fitness Specialist in Physical Education from Ball State University on 1 May 1992 and a master of arts degree in Health Science from Ball State University on 7 May 1994.

2.  On 15 May 2003, a Federal recognition board (FRB) was held by the INARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

3.  On 5 January 2004, the INARNG published Orders 005-0027 appointing the applicant as an MS 2LT in the INARNG effective 17 December 2003.  He executed the oaths of office on the same date.  He was assigned to the 2nd Battalion, 152nd Infantry, Muncie, IN, as a medical platoon leader in MOS 70B.

4.  On 27 February 2004, the applicant was issued a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)) awarding him zero months/days of constructive service credit (CSC) which qualified him for entry as a 2LT/O-1.

5.  On 4 March 2004, the National Guard Bureau (NGB) published Special Orders Number 50 AR extending the applicant Federal recognition for permanent initial appointment as a 2LT effective 17 December 2003.

6.  On 10 March 2004, U.S. Army Human Resources Command (USAHRC), St. Louis, MO, issued the applicant an appointment memorandum as an MS/70B Reserve commissioned officer of the Army in the grade of 2LT effective 17 December 2003.

7.  On 23 November 2004, the applicant completed the Army Medical Department (AMEDD) Officer Basic Course.

8.  During the month of August 2005, the applicant received a change-of-duty officer evaluation report (OER) which covered 11 months of rated time from 12 September 2004 through 18 August 2005 for his duties serving as the "Rear Officer in Charge" while assigned to Company C, 113th Support Battalion, Indianapolis, IN, in MOS 70B.

9.  On 18 August 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF).  He was promoted to 1LT on 18 December 2005. 
He served in support of OIF from 18 August 2005 to 13 February 2007 and in support of Operation Enduring Freedom from 14 February 2007 to 28 February 2008.  He was honorably released from active duty to the control of his Army National Guard unit on 28 February 2008.

10.  During his period of active duty, the applicant was issued the following OERs:

	a.  He received a change-of-rater OER which covered 6 months of rated time from 18 August 2005 through 21 February 2006 for his duties serving as "Treatment Platoon Leader" while assigned to the 738th Area Support Medical Company, Iraq, in AOC 70B.

	b.  He received a change-of-rater OER which covered 8 months of rated time from 12 February 2006 through 13 October 2006 for his duties serving as "Task Force S-1" while assigned to Headquarters and Headquarters Detachment, Task Force 61, Multifunctional Medical Battalion, Iraq, in AOC 70B and 72D.

	c.  He received a change-of-rater OER which covered 10 months of rated time from 2 October 2006 [sic] through 17 July 2007 for his duties serving as "Senior Observer/Controller" while assigned to the 2nd Battalion, 338th Regiment (Training Support), Indianapolis, IN, in AOC 72B.

11.  On 29 February 2008, the applicant was honorably separated from the Army National Guard and was subsequently transferred to the USAR Control Group (Reinforcement).

12.  On 28 June 2008, the applicant completed the AMEDD Captains Career Course (Reserve Component) at Fort Sam Houston, TX.

13.  On or about 13 February 2009, the applicant was ordered to active duty for the purpose of contingency operations for active duty operational support.  He was assigned to the 2nd Battalion, 338th Regiment, Lawrence, IN.

14.  On 20 May 2009, USAHRC published Orders B-05-903531 announcing the applicant's promotion to CPT with an effective date and DOR as 29 April 2009.

15.  The applicant submitted a general officer letter of recommendation, dated 25 February 2009, in which the author comments on the applicant's exceptional performance.  He further adds that he reviewed the applicant's records and believes an error occurred at the time of his appointment in that his transcripts were overlooked and as such he did not receive a clinical commission as an Environmental Science Officer in MOS 72D.  He also recommends approval of the applicant's request to correct his DOR as CPT to 18 December 2005.

16.  An advisory opinion was obtained on 19 October 2009 from the Chief, Personnel Division, of the NGB who recommended disapproval of the applicant's request.  That office added that upon coordination with the NGB Division Surgeon's Office, it was determined that an Environmental Science Officer position in MOS 72D had to be available at the time of commissioning.  It was further determined that an Environmental Science Officer does not hold a license nor is one required by the Regular Army or the ARNG.  The applicant was originally appointed as a 2LT MS officer on 17 March 2003 and was promoted to 1LT on 18 December 2005.  His did so in AOC 70B.  He was transferred out of AOC 70B into MOS 72B on 13 February 2007 and was transferred to the USAR on 29 February 2008.  By regulation, a degree must add adjunctive skills to the Soldier's primary specialty and must contribute directly to the performance in the anticipated duty position.

17.  On 16 November 2009, the applicant submitted a rebuttal to the advisory opinion.  He stated that when he applied for direct commissioning in the INARNG in 2003, he requested to have his packet boarded in one of two open slots in the 72 series.  The INARNG had two positions open in 72A and 72D when he sent his packet forward.  It was received and he was told he did not qualify for consideration for either position.  He found out that his only other choice for a direct commission was as a 70B and appointment as a 2LT.  He was never given a reason for being disqualified from selection into one of the two 72 positions.  He told the recruiter to board his packet as a 70B only after being told he did not qualify for the 72 position.  He learned in March 2008 that his master's degree was not considered during the 2003 commissioning process.  It was omitted by mistake and he believes that this mistake was the reason for his disqualification from the 72 position.  He added that during attendance at the AMEDD basic course, he contacted the INARNG and was placed in the 72D position at the 113th Medical Battalion in February 2005.  He was then mobilized as a 70B in August 2005 with the Area Support Medical Company but was switched back to 72D by the State in February 2007 when he was reassigned to the 113th Medical Battalion.  He further asked the Board to find in favor of his selection in AOC 72D upon his original appointment date.

18.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides policy for selecting and promoting commissioned officers of both the ARNG and USAR.  It provides promotion eligibility and qualification requirements, board schedules and procedures, and procedures for processing selection board recommendations.  The regulation in effect at the time stated that Reserve Component 2LTs will be promoted to 1LT upon completion of 24 months of time in grade (TIG) and completion of the basic officer leadership course.  Promotion from 1LT to CPT requires a minimum of 2 years of TIG in the lower grade and a maximum of 5 years TIG in the lower grade.

19.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.

20.  DODI 6000.13, paragraph 6.1.1.3, states commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive service credit is awarded shall be awarded day-for-day credit for service performed.  Constructive service credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category.

21.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) states for award of AOC 72D an individual must have completed a bachelor's degree with a minimum of 30 semester hours in the physical and/or biological sciences and/or possess a master's degree in public health or a related area of specialization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been appointed as a 1LT in the INARNG in December 2003 with a clinical commission as a 72D based on his master's degree and that his DOR for promotion to CPT should also be adjusted.

2.  The evidence of record shows the applicant submitted an application for appointment as a 70B MS officer in the ARNG.  His application for appointment clearly showed he was awarded a bachelor's degree as well as a master's degree.  Accordingly, an FRB was held by the INARNG and determined the applicant was qualified to be awarded Federal recognition.  Contrary to his contention, there is no evidence that his educational credentials were overlooked during his appointment process.  Additionally, there is no evidence in the applicant's records and the applicant did not provide any substantiating evidence that shows he was denied one of the two 72D positions. 

3.  Credit for a master's degree in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree.  However, the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the military service concerned.

4.  The applicant provides no supporting evidence that his degree would count as credit for advanced education beyond a basic qualifying degree.  He also provides no supporting evidence from his chain of command or the division surgeon explaining in detail how his degree adds adjunctive skills to his primary specialty and contributes directly to his performance in his position.  In the absence of such evidence, there is an insufficient basis on which to grant the relief requested.

5.  Based on the applicant's initial appointment as a 2LT on 18 December 2003, he was promoted to 1LT on 18 December 2005.  He could not have been promoted to CPT with a DOR as the same date he was promoted to 1LT.  He was considered by the proper board for promotion to CPT and was selected for promotion with an effective date and DOR as 29 April 2009.  There is neither an error nor an injustice.

6.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, the applicant is not entitled to 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)                                         AR20090004564



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