IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100024450 


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 his captain (CPT)/O-3 date of rank (DOR) be adjusted.

2.  The applicant states at least 2 years of constructive service credit was omitted from his record in error at the time of his initial commissioning.  Subsequently, National Guard Bureau (NGB) Special Orders 229 AR backdated his DOR as a first lieutenant (1LT)/0-2 by 24 months on paper, but did not take into account that he had already served over 31 months time in grade (TIG) and he was nearly eligible for promotion to CPT/O-3.  In turn, he contends he still has a         2-year lag in his career.  

3.  The applicant provides the following documents in support of his application:

* DA Form 5074-1-R (Record of Award of Entry Grade Credit)
* NGB Form 0126E (Special Orders), dated 21 September 2007
* Bachelor of Fine Arts Degree, 1990
* Bachelor of Science (BS) Degree, 1994
* Master of Physician Assistant Studies (MPAS) Degree, dated 2002
* Physician Assistant (PA) License
* National Commission on Certification of Physician Assistants, dated 1994
* Curriculum Vitae 


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was appointed a 1LT/O-2 in the Medical Service Corps on 18 February 2005, with a DOR of 18 February 2004 and he entered the Pennsylvania Army National Guard (PAARNG).  

2.  The record contains a DA Form 5074-1-R, dated 18 February 2005, which granted him 3 years of constructive service credit for professional experience.   

3.  On 21 September 2007, Special Orders Number 229 AR amended the applicant's 1LT/O-2 DOR to 18 February 2002, based on award of 2 years of additional constructive service credit for his advanced MPAS degree.    

4.  In connection with the processing of this case, an advisory opinion was obtained from the NGB Chief, Personnel Policy Division.  This official states that even after the applicant was granted an additional 2 years of constructive service credit he still did not have sufficient service to qualify for the entry grade of CPT/O-3, which by regulation is 7 years.  He further states without any additional constructive service being awarded the PAARNG could have chosen to promote the applicant to CPT/O-3 after he completed 1 year of service on the Reserve Active Status List (RASL) and completion of the Basic Officer Leadership Course (BOLC) which he completed in August 2007.  He opines that the PAARNG had ample time to promote the applicant prior to the Department of the Army (DA) board cutoff had they chosen to do so.  No unit vacancy promotion packet on the applicant was submitted by the PAARNG.  

5.  On 17 April 2011, the applicant provided a response to the NGB advisory opinion.  He states the advisory opinion ignores his professional experience and advanced education which could have resulted in at least five additional years of constructive service credit and possibly up to 7 years of credit at the time of his accession and could have resulted in him receiving the entry grade of 
CPT/O-3.  He requests his arguments be considered with the hope some additional constructive service credit will be granted for his advanced education and extensive work experience, particularly if the Board is unable to do so for the initial omission of constructive service credit. 

6.  DOD Instruction (DODI) 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  



7.  Paragraph 6.1 of DODI 6000.13 states that a prospective heath profession officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment  as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulated that a period of time shall be counted only once.  

8.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive service credit.  It states that 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.  

9.  Paragraph 6.1.2.2.2. of DODI 6000.13 states that 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 degree, shall be awarded based on actual full-time equivalent education 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 lower degrees.  It further states that 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 doctorate degree may not exceed the maximum allowed for a doctorate.  The DODI guidance further indicates the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the military service concerned.  

10.  Paragraph 6.1.2.2.5. of DODI 6000.13 states that 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his CPT/O-3 DOR should be adjusted based on the award of additional constructive service credit has been carefully considered.  However, there is insufficient evidence to support this claim.  


2.  By law and regulation 2 years of constructive service credit is authorized for a master's degree and a maximum of 3 years may be granted for experience.  

3.  The available evidence confirms the applicant was granted the maximum experience credit upon his appointment as evidence by the DA Form 5074-1-R in his record.  It also shows that he was later granted 2 years of constructive service credit for his master's degree and his DOR was adjusted accordingly.  As a result, there is no evidence indicating the applicant is authorized additional constructive service credit.  

4.  There is no evidence that State officials recommended the applicant for a unit vacancy promotion prior to his selection by a DA board.  Therefore, given unit vacancy promotions are not solely based on time in service and/or time in grade and are within the purview of the State, there is an insufficient evidentiary basis to adjust the applicant's DOR to CPT/O-3 based on eligibility for a unit vacancy promotion.  

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)                                         AR20100024450



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ABCMR Record of Proceedings (cont)                                         AR20100024450



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