IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018268
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 reinstatement to the rank of major (this is accepted as a request for a waiver of Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) which mandates an officer only receive half credit for active commissioned service in different branches when commissioned in the Medical Service Corps (MSC)).
2. The applicant states that he was promoted to major as an infantry officer on 1 May 2006. Following completion of a Doctorate he requested transfer to the MSC. He was told that since he would only get half credit for his active commissioned service, he would be commissioned in the MSC as a captain. His career manager encouraged him to branch transfer early since he would lose a half day credit for every day he served on active duty prior to the transfer to MSC. He was also told by his career manager that there were no provisions to waive the Constructive Service Credit requirements to allow him to retain his rank of major.
3. The applicant provides documents which he lists in his application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he completed training at the U.S. Military Academy, West Point and he was commissioned as a Regular Army second lieutenant, infantry and was promoted to captain on 26 February 2005.
2. The applicant was awarded a Doctorate in Leadership and Management in 2006.
3. On 8 June 2007, the applicant branch transferred to the MSC as a captain.
4. The applicant is currently serving on active duty as a major.
5. DODI 6000.13, paragraph 6.1. states 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.
6. DODI 6000.13, paragraph 6.1.1.2. states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.
7. In the processing of this case an advisory opinion was obtained from the Human Resources Command Alexandria, VA (HRC-A). The HRC-A states that if the applicant had applied for a waiver to retain his rank of major, it may have been granted since he met the criteria for a waiver under the Assistant Secretary of the Army Manpower and Reserve Affairs (ASA-M&RA) policy memorandum, dated 11 September 2008.
DISCUSSION AND CONCLUSIONS:
1. The facts in this case are the applicant was voluntarily branch transferred from Infantry to MSC on 8 June 2007. At that time there was no waiver authority over the provisions of DODI 6000.13, paragraph 6.1.1.2.
2. Waiver provisions of DODI 6000.13, paragraph 6.1.1.2. did not exist until the publication of ASA-M&RA policy on 11 September 2008.
3. The applicant, as with other officers, accepted appointment in the MSC under these conditions at the time. While a waiver authority was authorized after the applicant accepted an appointment in the MSC, that does not mean that his appointment was unfair or unjust. Nor does it mean that the applicant would have been given a waiver to retain his rank if he had been appointed in the MSC after the waiver authority was established.
4. One of the factors that must be considered when evaluating such a waiver is the effect it may have on an officer's career. In the applicant's case, if he had been granted a waiver he would have been compared to officers with 15 years of experience working in the MSC when he was considered for promotion to lieutenant colonel. It is doubtful that he would have been selected above officers with such long specialized experience. Therefore, it is not unreasonable to presume that the applicant would have failed twice to be selected for promotion and then would have been subject to the mandatory removal rules for such officers.
5. In summary, the applicant was properly awarded credit for his prior active commissioned service, there is no evidence or indication that he would have been granted a waiver to retain his rank if that authority had existed at the time of his branch transfer, and to grant the applicant's request would be giving him a benefit not provided to other officers.
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) AR20090018268
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ABCMR Record of Proceedings (cont) AR20090018268
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