IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100007334
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 to his records to show he was commissioned as a first lieutenant (1LT) on 11 October 2007 and promoted to captain on 10 April 2009.
2. The applicant states he was recruited as a Medical Services (MS) Corps officer and was told he would be commissioned as a 1LT and be promoted to captain in 18 months.
3. The applicant provides a letter, dated 3 December 2007; documents pertaining to his commissioning process; civilian education certificates; and copies from his military records.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Air Force on 6 June 1988, was promoted to pay grade E-5, and was honorably released from active duty and transferred to the Air Force Reserve on 4 August 1999.
2. The applicant enlisted in the Air National Guard (ANG). He was honorably discharged from the ANG on 10 October 2007 to accept a commission as a second lieutenant (2LT), Quartermaster (QM) Corps, in the U.S. Army Reserve (USAR).
3. On 8 April 2009, the applicant accepted an appointment as a 2LT, MS Corps, USAR. He was given a date of rank (DOR) of 15 August 2008.
4. The applicant was promoted to 1LT effective 18 December 2009.
5. In the letter the applicant provides with his request he details the problems he had with his recruiter when he applied for a commission. The applicant submits documents which show he was being processed to be commissioned in the MS Corps prior to his initial commission.
6. The certificates provided by the applicant show that he has a Master of Arts degree in Management and Leadership, a Bachelor of Science degree in Occupational Education, an Associate in Applied Science degree in Mental Health Services, and an Associate in Applied Science degree in Aircraft Armament Systems Technology.
7. The certificates and licenses submitted by the applicant show he is a certified alcohol and drug abuse counselor and licensed chemical dependency counselor.
8. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), table 3-4, lists advanced degrees for which additional constructive service credit (CSC) may be awarded. This table does not list Management and Leadership as a degree program which warrants additional CSC.
9. In the processing of this case an advisory opinion was obtained from the U.S. Army Recruiting Command. The advisory opinion recommended disapproval of the applicant's request, stating the applicant was given 7 months and 23 days of CSC. The applicant was not given any additional CSC for his degrees because the qualifying degree used for his MS Corps area of concentration (AOC) of 70B (Health Services Administrator) was his bachelor's degree.
10. The applicant was provided the advisory opinion and submitted a rebuttal. He stated in his rebuttal that the issue he is presenting to the Army Board for Correction of Military Records is that his initial commission wasn't as a 1LT, MS Corps, as he was promised, not the amount of CSC he was given. The applicant also submits additional documents pertaining to his commissioning process. One of those documents is an electronic mail (e-mail) message, dated 20 September 2007, which shows the applicant's request for commission in AOC 70B had been disapproved since the age cut-off is 33 for AOC 70B.
DISCUSSION AND CONCLUSIONS:
1. The applicant clarified in his rebuttal to the advisory opinion that he believes he should have been commissioned as a 1LT, MS Corps, on 11 October 2007.
2. The e-mail submitted by the applicant in support of his rebuttal shows the applicant's request for commission in AOC 70B was denied since the age cut-off is 33 for AOC 70B.
3. Apparently, the age cut-off is only applicable to individuals applying for initial commission. However, the applicant was commissioned in the QM Corps and then reappointed in the MS Corps. While this delayed the applicant's commission in the MS Corps, at least it resulted in him being awarded the desired AOC.
4. It is noted that the applicant's Master of Arts degree in Management and Leadership is not a degree which is authorized additional CSC. As such, there were no provisions to commission him at a rank higher than 2LT.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100007334
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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