IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100020868 


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 his constructive credit calculation to include 1 year of post-baccalaureate work.

2.  The applicant states he completed 1 year of post-baccalaureate work at the University of California Irvine Medical Center.  He states this training should be considered as credit for 1 year beyond his basic qualifying degree or post-baccalaureate education.

3.  The applicant provides the following:

* DA Form 5074 (Record of Award of Entry Grade Credit (Health Services Officers), dated 4 December 2009
* Academic Transcript, University of California-Davis, dated 14 September 2007
* Transcript of Record, University of California Extension-Irvine, dated 2 August 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant received his Bachelor of Science degree from the University of California-Davis on 14 September 2007.  His major area of study was microbiology.

2.  On 2 September 2008, the University of California-Irvine accepted the applicant as a candidate in the Clinical Laboratory Science/Medical Technology Certification Program.

3.  On 28 August 2009, the University of California-Irvine awarded the applicant a certificate in Clinical Laboratory Science/Medical Technology.

4.  On 23 September 2009, the American Society for Clinical Pathology Board of Registry verified the applicant was a medical technologist with a certification number valid through September 2012.

5.  On 16 October 2009, the University of California-Irvine program director verified the applicant was a student in their nationally-accredited Medical Technology Program from 29 August 2009 to 28 August 2009 and satisfactorily completed the minimum 2,000 hours of training which required his attendance 8 hours per day over a period of 1 full year.

6.  There is no evidence to show he successfully completed a master's level program in the discipline of Clinical Laboratory.

7.  On 8 November 2009, the applicant was appointed as a second lieutenant (2LT) in the in the U.S. Army Reserve (USAR) Medical Service Corps (MSC) with 00 years, 00 months, and 25 days of "years of service in an active status."  The appointment memorandum stated this service is not valid for establishing his pay entry basic date and is not the result of prior military service.

8.  On 4 December 2009, a DA Form 5074 completed by the appropriate authority states the applicant was awarded 25 days of credit for professional experience based on his qualification and certification as a medical technologist for the period 1 September 2009 to 20 October 2009.  Item 32 (Credit in Excess of That Required for Grade) shows he received 00 years, 00 months, and 25 days of credit.  His date of entry on active duty is shown as 8 November 2009.  Minus 25 days of excess credit, his adjusted date of rank is shown as 13 October 2009.

9.  In the processing of this case, an advisory opinion was obtained from the Medical Service Corps Division, Health Services Directorate, Headquarters, U.S. Army Recruiting Command.  The opinion states the applicant appropriately received 25 days of constructive service credit for his professional work experience that commenced on 1 September 2009, the date he received his 


American Society of Clinical Pathology Certification, to the date of his appointment.  This is the date he was fully qualified as a clinical laboratory officer in the USAR.

10.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the period allowed.

11.  References:

	a.  Department of Defense Instruction 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.2.2.5 states 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 the Military Service concerned directly uses such experience.

	b.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of AMEDD.  Table 3-1 (Credit) states that MSC officers can be given constructive service credit for degrees listed in table 3-3 (Credit for Qualifying Degree or Discipline).  It also states that an MSC officer is not entitled to constructive credit for completion of an internship or first-year graduate medical education which is approved by the American Medical Association or American Osteopathic Association and is the functional equivalent of an internship.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed all educational requirements and was certified as a medical technologist on 1 September 2009 prior to his appointment in the USAR.  Regulatory requirements mandated that the applicant complete his post-baccalaureate studies and be certified by the American Society for Clinical Pathology as a medical technologist prior to accepting an appointment as a USAR MSC officer with a clinical laboratory specialty.  In other words, the applicant's post-baccalaureate studies were part of his basic qualifying degree.

2.  No constructive credit is authorized for internships or their equivalents.  Therefore, no constructive service credit can be awarded for this period of study leading to certification.



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 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)                                         AR20100020868



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ABCMR Record of Proceedings (cont)                                         AR20100020868



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