IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090016922 


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 date of rank.

2.  The applicant states he originally was promoted to the rank of captain (CPT) in 2000 in the U.S. Army Reserve (USAR).  He states he has 427 days of active duty service that was not taken into consideration when his new effective date of rank to CPT was established as 16 November 2008.  In addition, he states he earned a master's degree in business administration and his record does not show he received constructive service credit for this advanced degree.

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

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 January 1997;

	b.  DD Form 214 with a separation date of 31 May 2005;

	c.  DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) pages 1 to 10 authenticated on 29 December 2005 by the Chief, Personnel Procurement Branch;

	d.  certificate for Bachelor of Science degree conferred on 29 May 1993;

	e.  U.S. Total Army Personnel Command Order 30-1-A-43, dated 21 May 1993, showing the applicant was commissioned as a second lieutenant (2LT) in the Regular Army effective 29 May 1993 with a date of rank of 29 May 1993;

	f.  certificate for Master of Business Administration degree conferred on 10 May 2003;

	g.  U.S. Army Human Resources Command (HRC), St. Louis, MO, 
Orders A-06-591444, dated 22 June 2005, ordering him to active duty in the USAR effective 8 August 2005 in the grade of 2LT;

	h.  certificate for Doctor of Medicine degree conferred on 16 May 2009 by the Uniformed Services University of the Health Sciences;

	i.  HRC, Alexandria, VA, Order Number 187-002, dated 6 July 2009, announcing the applicant's adjusted date of rank to CPT as 16 November 2008; and

	j.  multiple sets of orders ordering the applicant to annual training as a member of a USAR troop program unit.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the USAR, the applicant was commissioned as a 2LT in the Regular Army on 29 May 1993.  This date also established his date of rank to 2LT.  The applicant's area of concentration was Air Defense Artillery.

2.  The applicant served continuously on active duty and was honorably released on 31 January 1997 with immediate appointment in the USAR.  Upon discharge he was issued a DD Form 214 showing he served 3 years, 8 months, and 3 days of net active service.  At the time of his separation from the Regular Army, the applicant's grade was first lieutenant (1LT) with a date of rank of 29 May 1995.

3.  As an active member of the USAR participating in troop program units, the applicant was promoted to the grade of CPT with a date of rank of 18 April 2000.

4.  On 23 June 2005, HRC-St. Louis issued Orders A-06-591444 ordering the applicant to active duty as a student in the Uniformed Services University of Health Services.  On 8 August 2005, the effective date of his entry on active duty, he was appointed and accepted an oath of office as a Reserve commissioned officer and placed on the Active Duty List in the rank of 2LT as a medical student.

5.  Upon graduating from the Uniformed Services University of Health Sciences on 16 May 2009, the applicant executed an oath of office in the Regular Army as a commissioned officer in the Medical Corps in the grade of CPT.

6.  HRC-Alexandria Order Number 187-002, dated 6 July 2009, adjusted the applicant's date of rank to CPT to 16 November 2008 which equates to 6 months of constructive service credit.  The DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers)) used to calculate constructive service credit to establish adjusting a Medical Corps officer's date of rank is not available for the Board's review.

7.  In the processing of this case, an advisory opinion was obtained from Department of the Army Office of the Surgeon General.  The opinion states that the applicant cannot receive constructive service credit for both a master's and a doctoral degree.  In addition, an advanced degree must add adjunctive skills to the primary medical specialty and must contribute directly to the performance of the anticipated position.  Upon appointment in the Medical Corps, the applicant received credit for his medical degree as a doctor of medicine.  A master's degree in business administration does not tangibly add any value to his primary medical specialty.

8.  The advisory official continued stating the applicant received 6 months of constructive service credit for his prior service as an active duty Reserve commissioned officer.  However, he noted the applicant was not given constructive service credit for his prior Regular Army active duty commissioned service.  The Office of the Surgeon General's recommendation is to grant the applicant an additional credit of 1 year, 10 months, and 1 day for his prior Regular Army commissioned service in other than the Medical Corps.  This calculation was based on 3 years, 8 months, and 3 days of prior active commissioned service.

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

10.  References:

	a.  DOD Instruction 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6-1 (Entry Grade Credit) states that a prospective health professions officer's entry grade and rank within grade shall be determined by the number of years of entry-grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry-grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  The constructive credit limitations set forth in this instruction are based on Title 10, U.S. Code, section 12207.

		(1)  Credit for prior service as a commissioned officer shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required as a specific rank level of each health profession.

		(2)  Service on active duty as a commissioned officer, but not in the corps or professional specialty in which being appointed, shall be awarded one-half credit for each day served when seeking an original appointment as a health professions officer.

	b.  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).  Grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry-grade credit awarded.  Except as limited by maximum credit limits, entry-grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.  Credit for additional advanced degrees must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated AMEDD duty position.  The DA Form 5074 is the required form to adjust a medical or dental officer's date of rank upon appointment in the Medical Corps based on constructive service credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his adjusted date of rank to CPT in the Medical Corps is incorrect.  He bases his statement on his date of rank to CPT in the Army Reserve, which was 18 April 2000.  He also contends he did not get constructive service credit for his Master of Business Administration degree.

2.  By law, the applicant cannot receive constructive service credit for his master's degree for he was given credit for his doctoral degree.  His master's degree, as determined by the Office of the Surgeon General and based on applicable regulations, is not a degree that will add adjunctive skills to his primary specialty as a medical doctor.  Therefore, he is not entitled to additional constructive service credit for his master's degree in business administration.

3.  By law, the applicant should have received constructive service credit for his prior Regular Army commissioned service.  For each day of active commissioned 


service in a branch other than the officer's medical professional specialty, an officer initially appointed in the Medical Corps should receive one-half credit for each day of active duty service.

4.  Based on the evidence of record, the applicant served on active duty as a member of the Regular Army commissioned officer corps for 3 years, 8 months, and 3 days.  Therefore, with one-half credit for each day of active duty, the applicant should have received 1 year, 10 months, and 1 days of constructive service credit upon his initial appointment in the Regular Army as a commissioned officer in the Medical Corps.

5.  With this calculation of constructive service credit, the applicant's adjusted date of rank to CPT in the Medical Corps should be 15 January 2007.  Therefore, Order Number 187-002 issued by HRC-Alexandria on 6 July 2009 should be corrected to show an adjusted date of rank to CPT of 15 January 2007.  Additionally, a DA Form 5074 should be completed to record how his adjusted date of rank was computed.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by preparing a DA Form 5074 and then amending Order Number 187-002 issued by HRC-Alexandria on 6 July 2009 to show the applicant's adjusted date of rank to CPT as 15 January 2007.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 


much of the application that pertains to constructive service credit for a Master of Business Administration degree.



      ___________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)                                         AR20090016922



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ABCMR Record of Proceedings (cont)                                         AR20090016922



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