BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100012934 


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 he receive 2 years of constructive service credit for his Master of Science in information systems degree and 3 years for work experience, and that his appointment in the U.S. Army Reserve (USAR) be corrected to the rank of first lieutenant.

2.  The applicant states he is a principal in Deloitte Consulting and has over 
16 years of experience in management, strategy, and decisions support consulting.  He states he was a managing director for BearingPoint's Information Management practice.  He states he was a graduate of BearingPoint's Corporate Leadership Development Program.  He states he has successfully managed and implemented numerous large-scale system development and integration projects in both the commercial and government market place.  He states he has a bachelor's degree in economics from Towson University and a masters in business administration (MBA) and Master of Science from the University of Maryland.  He states he is a published author on topics related to enterprise performance management and other management subjects.

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 19 November 2009, the applicant was commissioned as a second lieutenant in the Medical Service Corps (MS) in the USAR.  His area of concentration (AOC) is shown as 70D (Health Services Systems Management).

2.  The applicant's DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 30 December 2009, shows he was granted no credit for a basic qualifying degree, listed as an MBA.  The form also shows he was awarded no credit for professional experience.  He had no prior-service credit.  Based on the information provided, he was awarded no constructive credit, no prior-service credit, and no total entry-grade credit.  The form states he was qualified for an entry grade of second lieutenant.

3.  In the processing of this case, an advisory opinion was provided by the U.S. Army Recruiting Command (USAREC).  The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal.  However, no response has been received from the applicant.

4.  USAREC determined the applicant is entitled to constructive service for advancement to first lieutenant based on his MS concentration in information systems and his extensive experience in the information assurance background. 
USAREC determined he should receive 2 years for his MBA with a concentration in information systems and 3 years for his over 15 years of work experience in the information systems field.

5.  An advisory opinion was also provided by the Chief, Medical Service Corps Branch, U.S. Army Human Resources Command (HRC), Alexandria, VA.  The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal.  However, no response has been received from the applicant.

6.  HRC recommended the applicant be awarded 5 years constructive service credit toward his entry grade credit for the attainment of his master's degree and subsequent prior professional experience that will be directly used by the AMEDD.

7.  HRC stated the applicant was commissioned as a 70D based on the attainment of his advanced degree, a Master of Science (MS) Degree in Information Systems.  The educational level and academic discipline required for appointment as a 70D includes a baccalaureate or advanced degree from an accredited program that is directly related to the discipline and acceptable to The Surgeon General.  HRC stated the applicant's request for constructive service credit for the time spent attaining his MS degree in Information Systems should be approved because: (1) it is a primary degree required for appointment; and 
(2) awarding constructive service credit in this context is fully supported by the underlying policy rationale.  HRC stated the applicant did not begin commissioned service as a health professions officer until after completing his baccalaureate degree and after obtaining an advanced degree in information systems, a degree acceptable by The Surgeon General for appointment as a 70D.  Accordingly, the applicant must be granted 2 years constructive service credit for the time spent attaining his MS degree.

8.  HRC stated the applicant should be granted constructive service credit for his prior professional experience as an information and technology officer following completion of his advance education.  A health professions officer may be awarded one-half year credit for each year of experience, up to a maximum of three years of constructive service credit in a health profession, if such experience is directly used by the Military Service concerned.  After completing his MS degree and prior to his commissioning the applicant served as the Chief Technology Officer for the Department of Health and Human Services and as the Program Director for the National Institutes of Health Data Warehouse Project.  These positions are relevant to the Army Medical Department (AMEDD) and relate directly to his commissioned specialty.  HRC states the applicant should be granted three years constructive service credit for his prior professional experiences as an information management officer because these experiences clearly fall within the duties and responsibilities of an AMEDD Health Service Systems Manager and will be used by the AMEDD.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent part, it states that the 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 the credit for prior active commissioned service.

	a.  Paragraph 3-2a (Determination of entry grade for officers not ordered to active), Table ERR, provides that for an entry grade credit of 3 years or more, but less than 7 years, the entry grade is first lieutenant.

	b.  Paragraph 3-2b of Army Regulation 135-101 provides that authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

10.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedure to carry out medical manpower and personnel programs.

	a.  Paragraph 6.1.2 states that constructive service credit provides a person 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.

	b.  Paragraph 6.1.2.2.2 states credit for master’s and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to two years for a master’s degree and up to four years for a doctorate. Credit may not include time spent in attainment of baccalaureate or other lower degrees. No additional credit may be given for more than one advanced degree in a single field, or closely related field. The total credit allowed for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.

	c.  Paragraph 6.1.2.2.5 states credit of one-half year for each year of experience, up to a maximum of three 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. Accordingly, volunteer, or student status cannot be credited.

	d.  Paragraph 6.2.1 states a person granted service credit under this instruction and placed on the active duty list or the reserve active status list of a military service may have an entry grade determined by comparing the entry grade credit with the currently-established promotion phase points of the military service and officer category concerned.  Entry grade credit in excess of the minimum years of entry grade credit required to establish a specific grade (but less than the amount necessary to justify the next higher grade) shall be used to adjust the date in the entry grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have received 2 years of constructive service for his Master of Science in information systems degree and 3 years for work experience, and appointment in the USAR as a first lieutenant.

2.  At the time the applicant was commissioned as a second lieutenant in the USAR he held a Master of Science Degree in Information Systems.  Therefore, in accordance with paragraph 6.1.2.2.2 of DODI 6000.13, and as stated in HRC'S advisory opinion, he was authorized 2 years of constructive service credit at the time of his commissioning.
3.  The HRC opinion states the applicant's professional experiences subsequent to the completion of his MS degree are relevant to the AMEDD and relate directly to his commissioned specialty.  Therefore, in accordance with paragraph 6.1.2.2.5 of DODI 6000.13, and as stated in HRC's advisory opinion, he is authorized 3 years constructive service credit.

4.  The applicant did not have any commissioned service prior to his commissioning in the USAR.  Therefore, in accordance with Army Regulation 
135-101, his entry grade credit is determined to be 5 years.

5.  In accordance with paragraph 3-2a, Table ERR, of Army Regulation 135-101, the applicant had the 3 years minimum entry grade credit for the entry grade of first lieutenant.

6.  The applicant had 2 years of authorized entry grade credit in excess of the minimum 3 years required for appointment to the grade of first lieutenant.  Therefore, in accordance with paragraph 6.2.1 of DODI 6000.13 and paragraph 3-2b of Army Regulation 135-101, these 2 years are to be used to adjust the date of rank within that grade.

7.  Therefore, it is appropriate to change the applicant's records to show the applicant was commissioned as a first lieutenant on 19 November 2009 with an adjusted DOR based on 2 years of authorized entry grade credit in excess of the minimum required for first lieutenant.

8.  In addition, the applicant's pay records should be audited to provide for any pay due the applicant as a result of the above correction.

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 all Department of the Army records of the individual concerned be corrected to show the applicant was commissioned as a first lieutenant on 19 November 2009 with an adjusted DOR of 19 November 2007.

2.  Additionally, the Defense Finance and Accounting Service should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above corrections.



      ___________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)                                         AR20100012934



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ABCMR Record of Proceedings (cont)                                         AR20100012934



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