BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090015818
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 his record be corrected by awarding him 20 years of constructive service credit based on his experience as a physician assistant (PA).
2. The applicant states he has been in continuous practice as a physician/
surgical assistant since June 1990. He states his date of rank should be adjusted to account for this experience. He further indicates he holds nursing and PA bachelor's degrees.
3. The applicant provides his college transcripts and degree certificates in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was commissioned as a first lieutenant (1LT) in the U.S. Army Reserve (USAR) on 31 October 2008. The appointment memorandum issued by the U.S. Army Human Resources Command, St. Louis, Missouri, shows he was granted 4 years of constructive service credit in conjunction with his appointment.
2. The applicant's official military personnel file contains a DA Form 5074-1-R (Record of Award of Grade Credit Health Services Officers), dated 8 December 2008, prepared during his appointment processing. It shows he was granted a total of 4 years of constructive service credit, which included 1 year for his basic qualifying degree and 3 years for professional experience. It further shows 2 years of the credit was required for his appointment grade of 1LT and 2 years was used to adjust his date of rank to 31 October 2006.
3. On 12 April 2010, the applicant was promoted to captain (CPT).
4. During the processing of this case, an advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC) PA Program Manager, Medical Specialist Corps Branch, Health Services Directorate. This official confirms the applicant's initial date of rank to 1LT is correct. She states the applicant correctly received 4 years of constructive service credit for his rank based on his prior work experience as a PA. She claims he received the maximum 3 years of credit authorized for work experience and USAREC is the proper authority to compute the entry grade and date of rank for individuals upon initial appointment.
5. On 17 February 2010, the applicant was provided the USAREC advisory opinion in order to have the opportunity to respond to its contents and he responded to the USAREC advisory opinion on 24 February 2010. He stated it was his hope the Board would act favorably on his request to be promoted to CPT based on his years of service and experience as a PA.
6. Department of Defense Instruction 6000.13 (Medical Manpower and Personnel) provides the policy for award of entry-grade credit for medical personnel. Paragraph 6.1.3 contains guidance for awarding constructive service credit and paragraph 6.1.2.2.5 provides guidance for awarding constructive service credit for experience. It states credit of one-half year for each year of experience, up to a maximum of 3 years of constructive service credit, may be granted for experience.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he should receive additional constructive service credit for his experience as a PA has been carefully considered. However, the evidence is not sufficient to support this claim.
2. By regulation, a maximum of 3 years of constructive service credit may be awarded for experience. In this case, the DA Form 5074-1-R on file confirms the applicant received the maximum 3 years of constructive service credit for experience in conjunction with his appointment. As a result, there is an insufficient evidentiary basis to support the award of additional constructive service credit for experience.
3. 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.
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) AR20090015818
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