IN THE CASE OF:	  

		BOARD DATE:	    18 January 2011

		DOCKET NUMBER:  AR20100010537 


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 her records to show she was awarded 17 years of constructive service credit (CSC).

2.  She states she had 17 years of service as an enlisted Soldier prior to taking a direct commission with the Army in October 2001.  She offers the Army made the initial error, but because she transferred to the Air Force in November 2008, the error was not reevaluated.

3.  She provides the following:

* a self-authored statement, dated 21 February 2009
* various e-mail messages dated between 11 December 2009 and            20 January 2010
* Special Order AJ - 21, issued by the Alabama State Military Department, Office of the Adjutant General, Montgomery, AL, dated 7 November 2008
* a Certificate of Qualification to Practice Veterinary Medicine and Surgery in the State of Alabama, dated 8 March 2000
* State of Alabama Veterinary Medicine and Surgery Licenses from 2000 to 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show she enlisted in the Regular Army on
13 January 1988.  She served 2 years on active duty and was honorably 

released on 12 January 1990.  She subsequently served in the Army National Guard for 1 year, six months, and 28 days prior to enlisting in the United States Army Reserve (USAR) on 22 October 1991. 

2.  A Certificate from the Alabama State Board of Veterinary Medical Examiners shows that on 8 March 2000 she was qualified to practice Veterinary Medicine and Surgery in the State of Alabama.

3.  On 24 September 2001, she was appointed in the USAR, Veterinary Corps (VC), as a first lieutenant (1LT)/O-1 based upon being awarded CSC in the amount of 4 years, 9 months, and 2 days.

4.  Her DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 27 September 2001, shows she was appointed in specialty 64A (Field Veterinary Service).  She was awarded the following CSC: 

* 4 years, Doctorate of Veterinary Medicine (DVM), Tuskegee University, from Fall 1994 to Spring 1998 
* 9 months and 2 days, Licensure #4946, from 8 March 2000 to
11 September 2001

5.  On 21 August 2006, she was promoted to Captain (CPT)/O-3.

6.  Special Order AJ - 21 shows she was appointed as a CPT in the Air National Guard (ANG) effective 7 November 2008.

7.  E-mail messages dated 11 December 2009, 12 January 2010, and 
20 January 2010 show she inquired about her rank in the ANG.  The email stated that she felt she should have been appointed as a major (MAJ)/O-4 because of her certifications and/or the classes she completed for her degree.  In reviewing her records, it was determined she could not be brought in as MAJ since she was assigned to the ANG in the same competitive category she held in the Army and as such, she was required to be appointed in the same grade held in the other branch of service.

8.  In the processing of this case, on 29 October 2010, an advisory opinion was obtained from the Program Manager, VC, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY.  The advisory official stated that after careful review, the applicant's entry grade at the time of her appointment was completed in accordance with Department of Defense Instructions 6000.13 (Medical Manpower and Personnel) and Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department 

(AMEDD) Branches) and that no additional CSC was warranted.  The representative stated only prior commissioned service was credited towards CSC.  The advisory official explained the applicant was given 4 years of credit for her DVM and 1 year and 8 months for work experience based on the date she received her DVM (May 1998) for a total of 5 years and 8 months of CSC.

9.  On 1 November 2010, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

10.  Department of Defense Instruction 6000.13, paragraph 6.1.2.2.5, states that credit of 1/2 year for each year of experience up to a maximum of 3 years of constructive credit may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.

11.  Army Regulation 135-101 prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the AMEDD.  This regulation states that 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.  

12.  Army Regulation 135-101 states that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.

13.  Additionally, the same regulation states 3 years CSC will be awarded for a DVM.  An additional credit of 1 year may be granted if the applicant attained the additional 1 or more years of pre-professional education.

14.  Army Regulation 135-101 provides a table for the grade of an individual appointed as a Reserve officer without concurrent call to active duty.  The entry grade credit and grade, in pertinent part, are as follows:

* 3 years or more, but less than 7 years, 1LT
* 7 years or more, but less than 14 years, CPT
* 14 years or more, but less than 21 years, MAJ 

DISCUSSION AND CONCLUSIONS:

1.  Although the advisory opinion credits the applicant with 1 year and 8 months of CSC for her professional experience, this credit is based on the date she received her DVM (May 1998).  The regulation, as cited above, states that creditable experience cannot predate the receipt of licensure.  She received her licensure, as verified by her certificate, on 8 March 2000.  Therefore, the CSC of 9 months and 2 days as listed on her DA Form 5074-1-R is correct.

2.  The evidence of record shows she was granted 4 years of CSC for her DVM, which was the maximum credit authorized for her degree.  Further, as specified in the regulation, only prior commissioned service, not enlisted service, is creditable towards CSC.  Therefore, her record that shows 4 years, 9 months, and 2 days of CSC is consistent with entry grade of 1LT.

3.  In view of the foregoing, there is no basis for granting any additional CSC in this case.
 
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)                                         AR20100010537



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ABCMR Record of Proceedings (cont)                                         AR20100010537



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