IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100000518 


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 that his records be corrected to show the following:

* 24 months of constructive credit for his work experience in Preventive Medicine 
* date of rank to first lieutenant  (1LT), effective 26 November 2002
* date of rank to captain (CPT), effective 25 November 2004
* primary zone for major (MAJ), effective September 2010 

2.  The applicant states he should be granted 24 months constructive credit for his work experience and that his commissioning date to 1LT should be adjusted to 26 November 2002 because he had a qualifying Master's Degree.  Further, he contends he was incorrectly boarded in Area of Concentration (AOC) 70B (Health Services Administration) and later correctly boarded in AOC 72D (Environmental Science) on 8 July 2003.

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

* United States Army Reserve (USAR) second lieutenant appointment orders, dated 26 November 2002
* Oath of Office, dated 26 November 2002
* Officer Record Brief (ORB), dated 16 December 2009
* U.S. Army Human Resources Command Order Number A-07-491602, dated 27 July 2004
* Military Resume, dated 21 December 2009
* U.S. Navy, DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 67-9 (Officer Evaluation Report) for the period 26 November 2002 through 30 June 2003
* Various course completion and training certificates

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 5074-1-11 (Record of Award of Entry Grade Credit (Health Services Officers)), and the specific circumstance involving his qualification and award of both AOC 70B and 72D were not available for review.  However, there is sufficient evidence to make an impartial recommendation.

2.  He received a Bachelor of Science degree in Biology and Chemistry in May 1989 from Benedict College; and a Master of Science degree in Administration in December 2000 from Central Michigan University.

3.  Records show he was appointed and accepted a commission in the USAR as a second lieutenant (2LT) in the Medical Services Branch on 26 November 2002 and awarded the AOC 70B.

4.  On 10 June 2003, the Soldier Management System shows he requested his AOC be changed to 72D.  He was awarded AOC 72D on 11 July 2003 and withdrawn from AOC 70B.

5.  He was promoted to 1LT, effective 25 November 2004, and to CPT, effective 1 July 2006.

6.  The United States Army Recruiting Command (USAREC), Medical Service Corps Division provided two advisory opinions on this case which summarily state the applicant was boarded for 70B; therefore, constructive credit should not have been awarded at the time of accession.  The reason why the applicant was not originally boarded as a 72D could not be definitely concluded but could have been due to late submission.  The applicant's Master of Science in Administration was not a qualifying degree for AOC 72D and does not meet the criteria for award of constructive credit.  Further, the applicant's date of rank should be 13 January 2003, the date he was originally accessed.

7.  The applicant provided three rebuttals to the advisory opinions where he states:

   a.  On 8 July 2003 his packet was reboarded and changed his AOC from 70B to 72D.  The requirement at this time for 72D was an undergraduate degree with a minimum number of science courses.  A master's degree was preferred but not required.  He had a Master's of Science Degree with 10 years of work experience at the time he was boarded for 72D and wants this corrected in his record.  In addition, he requests to have his DOR to 1LT to be adjusted to 8 July 2003 which is the date he was awarded AOC of 72D.  He contends this adjustment is based on the fact that he served 8 months as a 2LT and the remaining 14 months are constructive credit for his 10 years of work experience in his AOC.  In summary, he states had he been originally boarded in specialty 72D, he would have qualified for a grade determination as a 1LT with 12 to 24 months constructive credit at that time for his work experience and educational degree.  His DOR for CPT should have at least been 8 July 2005, 48 months after his release from the 72D AOC board.
   
   b.  He further contends his Navy DD Form 214 documents five years of qualifying work experience as a Field Medical Service Technician and his training certificates are evidence of his employment with the Department of Health and Environmental Control, dated 21 June 2010.
   
   c.  Finally, he contends his recruiter held his accession packet beyond the AOC 72D October 2002 board date and submitted it to the 70B board instead without his knowledge.  He was also informed by his recruiter that constructive credit for work experience was only for physicians.  Later he found out he met the requirements for AOC 72D and resubmitted his packet.  He was awarded the AOC 72D but not given constructive credit and his DOR remained the same.
   
8.  He provides his Navy DD Form 214, numerous training certificates and a resume containing his civilian and military work experience as confirmation of his 10 years of professional work experience.

9.  The board requested clarification from the USAREC Medical Services Corps in regards to the date of rank indicated in the advisory opinion.  It was determined the 13 January 2003 date of rank indicated in the advisory opinion was in error and the date of rank should be 26 November 2002.

10.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  It states the grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits, entry grad credit granted will be the sum of constructive service credit and credit for prior active commissioned service.

11.  The same regulation states constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.

12.  DOD Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Constructive service credit provides an officer who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded 24 months of constructive credit for the AOC 72D based on his professional work experience and have his entry date of rank, all subsequent dates of rank, and his primary zone for consideration to major adjusted accordingly.

2.  The evidence of record shows he accepted a commissioned as a 2LT in the USAR on 26 November 2002 in AOC 70D.  He was later boarded and awarded the AOC 72D on 11 July 2003.  Neither board awarded him constructive credit for his professional work experience or education.

3.  The Medical Service Corps advisory opinion states the applicant was not entitled to constructive credit for AOC 70B because he did not have a qualifying Masters Degree.  Further, his date of rank to 2LT, 26 November 2002, is correct and constructive credit for his work experience was probably not awarded because he was accessed as a 70B.

4.  He contends his packet was boarded for 70B without his consent; however, he voluntarily accepted the appointment and grade.  His subsequent award of AOC 72D was accomplished based on his request and does not entitle him to the award of constructive credit or the adjustment of his date of rank.  Lacking evidence to the contrary, it is determined he was properly accessed in AOC 70B.

5.  In view of the foregoing, his request should be denied.



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)                                         AR20100000518



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)