IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100016317 


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, in effect, constructive service credit for completion of his Master of Science in Health Sciences, Health Care Management degree.  He further contends that upon approval of his constructive service credit, he should receive a retroactive promotion to captain, pay grade O3E.   

2.  The applicant states that his advanced degree was not recorded on his DA Form 4037 (Officer Record Brief (ORB)) at the time of his processing at the Officer Candidate School (OCS).  This error has since been corrected.  The error resulted in his initial appointment as a second lieutenant, pay grade O1E instead of as a first lieutenant, pay grade O2E.

3.  The applicant provides copies of his Enlisted Record Brief (ERB), ORB, and OCS packet. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a first lieutenant, Medical Service Corps (MSC), in the Regular Army.

2.  The applicant enlisted in the Regular Army on 29 May 1997, in the rank of private first class, pay grade E-3.  In 2004, he was awarded a Bachelor of Science degree in Healthcare Science/Nursing and he was promoted to sergeant, pay grade E-5, with a date of rank of 23 June 2006.

3.  On 23 June 2006, a Master of Science in Health Sciences, Health Care Management was conferred upon the applicant.

4.  In June 2006, the applicant applied for enrollment in OCS and he was recommended by his chain of command.  On 13 February 2008, after successful completion of OCS, the applicant was discharged for the purpose of accepting a commission in the U.S. Army.  

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he had completed 10 years, 8 months, and 15 days of creditable active service as an enlisted Soldier.

6.  On 14 February 2008, the applicant was appointed as a second lieutenant, pay grade O1E, MSC, in specialty 70B (Health Service Administration).

7.  Orders Number 198-057, U.S. Army Human Resources Command, Alexandria, Virginia, dated 17 July 2009, promoted the applicant to first lieutenant, pay grade O2E, effective 14 August 2009.

8.  In the processing of this case, an advisory opinion was obtained from the Director, Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, Kentucky.  The opinion stated that the applicant's appointment was based on his bachelor's degree in health services administration.  In accordance with DODi 6000.13, no additional credit can be awarded for his subsequent master's degree in health services management because it does not add adjunctive skill for 70B.  Since 70B's do not carry certification in a certain health care profession, section 6.1.2.2.2 does not apply.  The advisory opinion recommended that no constructive credit be granted.

9.  On 16 February 2011, the applicant responded to the advisory opinion:

	a.  He contends that he was not properly credited for his master's degree, which he held at the time of his appointment as a 70B.

	b.  He argues that a master's degree in health care management does add adjunctive skills because movement from 70B to 70A requires this advanced degree.

	c.  He contends the regulation does not state that 70B does not carry a certification.  He agrees that the qualifying degree for a 70B is a bachelor's degree, but this does not mean credit should not be given for additional advanced degrees.

	d.  He contends that he should have been appointed in pay grade O2E with 
6 months of credit.  Furthermore, he contends that he should have been promoted to pay grade O3E effective August 2009 and authorized receipt of a captain's bonus of $25,000.00.

10.  DODI Number 6000.13, Medical Manpower and Personnel, dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs:

	a.  Paragraph 6.1 states a period of time shall be counted only once when computing entry grade credit.

	b.  Paragraph 6.1.2: Constructive Service Credit.  This 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. 

	c.  paragraph 6.1.2.2.3 states that the additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position in the military service concerned.

11.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD):  

	a.  Table 3-1 (Constructive Service Credit) states that the additional degree must add adjunctive skills to the primary specialty. 

	b.  Table 3-3 (Credit for Qualifying Degree or Discipline) lists advanced degrees that may qualify for constructive credit.  A Master of Science in Health Service Management is not listed. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded constructive service credit for completion of his Master of Science in Health Sciences, Health Care Management degree.  He further contends that upon approval of his constructive service credit, he should receive a retroactive promotion to captain, pay grade O3E.   

2.  The evidence of record clearly shows the applicant was appointed as a second lieutenant, MSC based on his bachelor's degree, and awarded specialty 70B.  

3.  The governing regulation does not list the applicant's advanced degree as a qualifying degree for award of constructive service credit.  His argument that his advanced degree is required for moving from 70B to 70A is immaterial because constructive credit is only awarded for the original appointment.

4.  In view of the above, the applicant’s request should not be granted.

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)                                         AR20100016317



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ABCMR Record of Proceedings (cont)                                         AR20100016317



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