IN THE CASE OF:	  

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090019793 


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 adjustment of her constructive credit for rank purposes when accessed onto active duty.

2.  The applicant states her constructive credit for rank purposes was incorrectly calculated.

3.  The applicant provides a DA Form 5074-1-R (Record of Award of Entry Grade (Health Services Officers)), DA Form 71 (Oath of Office - Military Personnel), DA Form 4037 (Officer Record Brief), and college transcript showing award of a Doctor of Occupational Therapy (OTD) degree.

CONSIDERATION OF EVIDENCE:

1.  A DA Form 5074-1-R, dated 26 September 2007, shows she was awarded 18 months of entry-grade constructive service credit.

2.  The applicant's military records show she entered active duty as a first lieutenant on 30 September 2007 with a date of rank (DOR) of 30 September 2007.  She was appointed as a Regular Army Medical Specialist (SP) Corps officer on 1 October 2007.  She was promoted to the rank of captain effective 1 May 2009.

3.  The applicant's available academic transcript indicates she completed the academic portion of her OTD degree prior to being commissioned and that she was awarded her OTD degree on 14 August 2008.
4.  The enclosure to the Chief, Army Medical SP Corps memorandum, subject: Additional Guidance for Commissioning and Awarding Constructive Credit for Army Medical SP Corps, dated 7 December 2006, providing constructive credit guidelines for SP Corps shows two years of credit for a Master's degree in OT and three years of constructive credit for an OTD. 

5.  In the processing of this case, an advisory opinion was obtained on 5 March 2010 from the U.S. Army Recruiting Command (USAREC).  The USAREC found that the applicant should have received additional constructive credit.  The USAREC indicated the applicant's entry-grade credit should have been 27 months instead of 18 months.

6.  USAREC stated that in addition to Department of Defense Instruction (DODI) 6000.13, a memorandum from Army Medical SP Corps, dated 7 December 2006, governs awarding of constructive credit to Army Medical SP Corps officers.  USAREC states this memorandum authorizes 18 months of constructive credit for individuals who enter active duty to complete the occupational therapy (OT) internship having completed all didactic coursework for their master's degree in OT.  USAREC states this is 75 percent of the credit awarded fully-qualified individuals who have already completed their master's degree in OT (i.e., 2 years of constructive credit).  The advisory official indicated there is no guidance in the Army Medical SP Corps constructive credit policy regarding individuals who enter active duty to complete the OT internship having completed all didactic coursework for their OTD degree, which was the situation of the applicant when she accessed onto active duty.  The advisory official continues by stating that the policy does state that fully-qualified individuals who have completed an OTD degree receive 3 years of constructive credit.

7.  The USAREC advisory official continues by stating that upon consultation with the Army Medical SP Corps office, it was determined the appropriate course of action was to revise the applicant's entry grade so it would equal 75 percent of the educational constructive credit that would be awarded to a fully-qualified Doctor of Occupational Therapy.  The official indicated 75 percent of 36 months is 27 months and this was deemed the appropriate amount of entry-grade credit.

8.  USAREC states in summary that the entry-grade credit for the applicant should be adjusted to 27 months.  USAREC further states that this adjustment would change her DOR to first lieutenant and also means that she should have been boarded and promoted to captain earlier.  The advisory official also states the applicant should receive back pay consistent with these adjustments.

9.  The advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She submitted no response.

10.  DODI 6000.13, dated 30 June 1997, 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.

DISCUSSION AND CONCLUSIONS:

1.  USAREC states that in consultation with the Army Medical SP Corps office, it was determined the appropriate course of action was to revise the applicant's entry grade so it would equal 75 percent of the educational constructive credit that would be awarded to a fully-qualified Doctor of Occupational Therapy.  The official indicated 75 percent of 36 months is 27 months and this was deemed the appropriate amount of entry-grade credit.

2.  It is obvious that the regulatory intent is to provide constructive credit to individuals who have completed the didactic portion of OT degrees, as evidenced by that policy for individuals with master's degrees.  It is unfair that the applicant is being denied constructive credit due to an oversight by the proponent of the regulation governing constructive credit.  As such, it would be in the interest of equity and justice to correct the applicant's records to show she was awarded a total of 27 months of entry grade constructive credit and appointed as a first lieutenant as an Army Medical SP Corps officer with a DOR of 1 January 2007.

3.  Based on this change to her DOR to first lieutenant, (if fitting) her records should be submitted for appropriate Special Selection Board (SSB) for promotion consideration to captain.  If selected, the applicant will be entitled to any difference in pay consistent with these adjustments.

4.  In view of the foregoing, the applicant is entitled to have her records corrected as shown below. 





BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that Department of the Army records of the individual concerned be corrected by showing she was appointed in the Army Medical SP Corps, as a first lieutenant, with 27 months constructive service credit and a DOR of 1 January 2007.

2.  That following administrative implementation of the foregoing, her records be submitted to a duly constituted SSB for promotion consideration for captain (if appropriate) under the appropriate calendar year criteria.

3.  That if selected, her records be further corrected by showing she was promoted to captain on her date of eligibility as determined by appropriate Departmental officials using the criteria cited, with entitlement to all back pay and allowances, provided she was otherwise qualified and met all other prerequisites for promotion.

4.  That if not selected, the applicant be so notified.




      ___________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)                                         AR20090019793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019793



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1