IN THE CASE OF:	  

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100025106 


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 an exception to policy for award of additional day-for-day constructive credit from 11 October 2007 to 8 April 2009 for his prior commissioning adjunctive skills.

2.  He states his skills at the time were congruent with the position he was recommissioned in.  While serving as a nonqualified quartermaster (QM), he possessed the skills/ability to perform in the professional specialty being assigned.

3.  He provides:

* Airman Leadership School diploma, dated 5 November 1993
* Associate in Applied Science-Mental Health Service degree, dated 15 May 1997
* Associate in Applied Science in Aircraft Armament Systems Technology degree, dated 29 August 1997
* Bachelor of Science in Occupational Education degree, dated 15 November 1997
* Licensed Chemical Dependency Counselor certificate, dated 23 September 1999
* U.S. Air Force (USAF) Noncommissioned Officer Academy diploma, dated 26 March 2003
* Master of Arts in Management and Leadership degree, dated 16 December 2006
* Substance Abuse Counselor certificate, dated 16 September 2013
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), prepared on 16 April 2009
* 2007 and 2009 DA Forms 71 (Oath of Office-Military Personnel)
* Waiver to Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), dated 24 April 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the U.S. Army Reserve (USAR) QM Corps as a second lieutenant (2LT) on 11 October 2007 with prior USAF enlisted service.

2.  He was reappointed in the USAR Medical Service Corps (MSC) as a 2LT on 8 April 2009 with an adjusted date of rank of 15 August 2008.

3.  His DA Form 5074-1-R prepared on 16 April 2009 shows the following credits:

* zero credit for a Bachelor of Science degree, dated 15 November 1997
* zero credit for advanced education beyond basic qualifying degree
* zero credit for post baccalaureate (BA) education
* zero credit for professional experience
* 7 months and 23 days of credit for prior active commissioned service from 11 October 2007 to 27 January 2009, which was applied as excess credit and adjusted his 2LT date of rank

4.  He provides a copy of a memorandum from the Assistant Secretary of Defense for Health Affairs, dated 24 April 2008, subject:  Waiver to DODI 6000.13.  The memorandum was addressed to the Military Service Secretaries in response to a request for modification to existing policy to allow year-for-year credit for prior commissioned service to helicopter pilots, sanitary engineers, and other non-medical administrative specialists who were being branch transferred to the MSC from other non-medical designations or units.  Pending revision of DODI 6000.13, the memorandum would serve to authorize the Service Surgeon Generals to waive the provisions of paragraph 6.1.1.2.  As an example, a contracting officer who was newly appointed to the medical branch to perform procurement functions as a contracting officer should be credited on a day-for-day basis with any commissioned service performed before such appointment.

5.  In the processing of this case, an advisory opinion was provided by the Director, Health Services Directorate, Headquarters, U.S. Army Recruiting Command, on 18 May 2011.  The advisory official stated the documentation for the applicant verified that his qualifying degree for appointment as a Healthcare Administrative Assistant, area of concentration (AOC) 70B, was his BA degree from Wayland Baptist University.  In accordance with Department of Defense Instruction (DODI) 6000.13, section 6.1.2.2.3, no additional credit can be awarded for his Master of Arts degree in Management and Leadership.  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.  The master's degree is not considered an adjunctive skill for AOC 70B.

6.  The official also stated that in reference to additional credit for his unique skills as a military officer, the applicant had prior commissioned service as a QM officer in the U.S. Army.  Per DODI 6000.13, section 6.1.1.2, "Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professional officer.  The applicant offers no further proof of his unique skills that he is currently utilizing as a 70B.

7.  The official stated the applicant's constructive credit was properly computed.  He recommended the applicant's total constructive credit remain firm at 0 years, 7 months, and 23 days with an active duty entry grade of second lieutenant.

8.  On 19 May 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

9.  DODI 6000.13, section 6.1.1.2, states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professional officer.  

DISCUSSION AND CONCLUSIONS:

1.  With regard to his request for an exception to policy for award of additional constructive credit due to prior commissioning adjunctive skills, his contentions have been noted.  The waiver of paragraph 6.1.1.2 of DODI 6000.13 allows award of additional credit only if the functions to be performed upon reappointment are unique to the health care profession or those performed by health care professional officers.  He provides no evidence and there is no evidence of record (such as officer evaluation reports) to show the unique skills 
he is currently utilizing in AOC 70B meet that criterion in accordance with the waiver.  Therefore, he is not entitled to additional constructive credit for his prior commissioning adjunctive skills.

2.  The evidence of record shows he was awarded and appointed with the correct amount of constructive credit.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100025106



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ABCMR Record of Proceedings (cont)                                         AR20100025106



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