BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090013270 

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 award of 3 years of constructive service credit for his 6 years of experience as a certified Clinical Laboratory Specialist. 

2.  The applicant states that his DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) only shows his creditable service for prior U.S. Army active duty and Reserve service.  He states this form does not show his constructive service credit for his experience as a Clinical Laboratory Scientist.  He explains that DOD Directive 6000.13 states "Credit for one-half year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned."  He concludes by saying he never received credit for his professional experience. 

3.  The applicant provides the following personal documents in support of his application:

	a.  DA Form 61 (Application for Appointment), dated 11 October 2000;

	b.  DA Form 71 (Oath of Office—Military Personnel), dated 1 December 2000;

	c.  DA Form 1506, undated;

	d.  DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 29 April 1991;

	e.  ARPC Form 249-2 (Chronological Statement of Retirement Points), dated 13 November 2000;

	f.  Order Number 123-064, dated 3 May 2001, issued by the U.S. Total Army Personnel Command (PERSCOM) adjusting his first lieutenant date of rank to 16 September 2000;

	g.  Order Number 255-125, dated 12 September 2002, issued by PERSCOM promoting him to captain on 1 October 2002 with an effective date of rank of 1 October 2002;

	h.  Order Number 103-031, dated 28 January 2009, announcing his promotion to major effective 1 May 2009 with a date of rank of 1 May 2009;

	i.  a Bachelor of Science Degree from the College of Science and Technology, University of Southern Mississippi, dated 17 December 1993;

	j.  a National Certification Agency certificate announcing his competence as a Clinical Laboratory Scientist, dated January 1994; and

	k.  a copy of his Officer Record Brief, dated 5 August 2009.

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.  The applicant received his Bachelor of Science degree from the College of Science and Technology, the University of Southern Mississippi, on 
17 December 1993.  

3.  The applicant's officer appointment application shows he served as a Medical Technologist at a Department of Veterans Affairs Medical Center in Jackson, MS from September 1990 to on or about 11 October 2000.
4.  With prior enlisted service in the Regular Army and U.S. Army Reserve, the applicant received an appointment as a Reserve commissioned officer in the rank of first lieutenant on 1 December 2000.

5.  On 2 January 2001, U.S. Army Reserve Personnel Command (ARPERSCOM) issued Orders A-01-003018 ordering the applicant to active duty in the rank of first lieutenant.  On the effective date of his entry onto active duty, 17 April 2001, he was appointed a Reserve commissioned officer and placed on the active duty list in the rank of first lieutenant.  In addition, his orders show his adjusted date of rank was based on 2 years, 0 months, and 0 days of constructive service credit and entry phase points of 1 year and 6 months based on the Constructive Service Credit Guidance for Fiscal Year 2000. 

6.  On 21 February 2001, Orders A-01-003018 were amended changing his active duty report date from 17 April 2001 to 19 June 2001.  

7.  In the processing of this case, an advisory opinion was obtained from the Medical Service Corps Division, Health Services Directorate of Headquarters, U.S. Army Recruiting Command that stated it was determined the applicant received 2 years of constructive service credit when he was initially appointed a commissioned officer.  Based on a lack of his officer accessions packet from fiscal year 2001, that office could not definitively conclude that he would have received anything more than 2 years.  It was recommended that the original constructive service credit of 2 years, 0 months, and 0 days stand for the record.  

8.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the period allowed.  

9.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service (as outlined in the DODI) credit except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.  

10.  Army Regulation 37-101-4 (Military Pay and Allowance Policy) provides Department of the Army policies for entitlements and collections of pay and allowances for active duty Soldiers.  Basic pay rate is established according to the pay grade and the number of years of creditable service a Soldier has completed with creditable service determined under the provisions of the Department of Defense Financial Management Regulation.  In pertinent part, Active Army officers entering active duty and Reserve Component officers ordered to active duty for a period in excess of 179 days must submit a 
DA Form 1506 to include all medical and dental officers who are to be credited with constructive service credit.  

11.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officer for Assignment to Army Medical Department Braches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of the Army Medical Department (AMEDD):  

	a.  Table 3-1 (Constructive Service Credit) states that members matriculating into the Army Nurse Corps, Army Medical Specialist Corps, Medical Service Corps and Veterinary Corps will not receive constructive service credit for full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after receiving their qualifying degree. 

	b.  Table 3-1 states that in "unusual cases" constructive service credit may be granted at one half year for each year of education or experience up to a maximum of 3 years credit based on special education or professional experience as accrued after a qualifying degree or license.  The Surgeon General or designee will make the determination in "unusual cases." 

	c.  Table 3-5 (Postbaccaluareate Education Credit) states a member may receive 1 year credit for the completion of education or formal training for the Clinical Laboratory Certification Program accredited by the American Society of Clinical Pathologists. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Statement of Service is incorrect because it does not show 3 years of constructive service credit for his 6 years of experience as a certified Clinical Laboratory Specialist. 

2.  The applicant's Statement of Service is not used to record or show constructive service credit.  Rather this specific form is prepared by the officer during accession into the Army to show prior active and Reserve service.  

3.  With no prior commissioned service, the applicant was appointed a Reserve commissioned officer in the rank of first lieutenant on 1 December 2000.  Subsequently, on 2 January 2001 orders were published ordering him to active duty for a 3-year period effective 19 June 2001.  These orders specifically stated he was given 2 years of constructive service credit and entry phase points of 1 year and 6 months based on guidance published in fiscal year 2000.  
4.  Due to the passage of time, documents that would be required to validate the applicant's contention are not available for review.  As such, it must be presumed that the applicant was awarded the proper amount of constructive service credit.

5.  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 that requirement.

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)                                         AR20090013270



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ABCMR Record of Proceedings (cont)                                         AR20090013270



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