IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100025838 


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 promotion to the rank of captain (CPT) with a date of rank of 15 February 2008 and pay retroactive to this date.

2.  The applicant states he was not given 50-percent credit for the time he served as a chemical officer prior to being transferred to a specialty corps.  The 6 months of credit would have made him eligible for promotion to CPT 18 months after graduating from the Interservice Physician Assistant Program (IPAP).

3.  The applicant provides excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  He was commissioned as a Chemical Corps second lieutenant (2LT) in the Army National Guard (ARNG) on 23 August 2003.

2.  On 26 August 2004, he was reappointed in the ARNG as a 2LT, Specialty Corps in Training.

3.  He attended IPAP in a resident status from 30 August 2004 to 19 August 2005 and 12 September 2005 to 15 September 2006.

4.  On 15 September 2006, he was promoted to first lieutenant (1LT), area of concentration (AOC) 65D.

5.  On 16 February 2008, he completed the Army Medical Department (AMEDD) Officer Basic Course (OBC).

6.  On 1 April 2010, he was promoted to CPT.

7.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 8-9c, states that AMEDD officers appointed prior to 1 May 1991 in AOC 67J or multifunctional area (MFA) 70 must attend an OBC in residence within 18 months of appointment.  Paragraph 8-9d states that all other AMEDD officers, including medical students, will attend an appropriate AMEDD OBC within 24 months of appointment.

8.  National Guard Regulation 600-100, paragraph 8-9l, states that mandatory military education requirements for promotion are waived for Medical Corps, Dental Corps, Army Nurse Corps, Army Medical Specialist Corps, and Medical Service Corps (MSC) officers with AOC 67E, 67F, 67G or MFA 71, 72, and 73.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) provides policy and sets forth procedures for the Reserve appointment of AMEDD officers with or without a concurrent call to active duty.  This regulation provides constructive service credit (CSC) for certain qualifying degrees.  A degree as a physician assistant is not listed as a qualifying degree and is not listed as an advanced degree for which an officer may be awarded additional CSC.  Credit is also given for full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after the qualifying degree, but this is limited to Medical Corps and Dental Corps officers (it does not apply to MSC officers).  As such, entry-grade credit for a physician assistant will be the credit awarded for prior commissioned service.  Prior active commissioned service other than on extended active duty or commissioned service in an active status in the specialty in which being appointed is awarded at the ratio of 1/2 year for each year of service for MSC officers.  A basic principle provides that no period of time may be counted more than once.  Entry-grade credit is used only to determine entry rank and date of rank which controls time in grade and promotion eligibility.

10.  An advisory opinion was obtained from the National Guard Bureau (NGB) in the processing of this case.  NGB stated that when the applicant was reappointed in the Specialty Corps on 26 August 2004, he was erroneously given day-for-day credit for his prior commissioned service in the Chemical Corps when he should have been given 1/2 credit for that service.  NGB continues that the applicant was erroneously promoted to 1LT upon his completion of the IPAP on 15 September 2006.  While he was eligible for promotion to 1LT on 3 August 2005 based on his time in grade as a 2LT, he could not be promoted to 1LT until completion of OBC.  As such, he was not eligible for promotion to 1LT until completion of OBC on 16 February 2008.  Therefore, the earliest he could have been promoted to CPT was 16 February 2010, 2 years from the date he was first eligible for promotion to 1LT.  NGB recommends disapproval of the applicant's request and states the State concurs with this recommendation.

11.  The applicant was provided a copy of the advisory opinion and submitted a rebuttal.  In rebuttal, he states that there are exceptions to the requirement of officers completing OBC to be promoted to 1LT contained in National Guard Regulation 600-100 and cites excerpts from paragraph 8-9.  In particular, he cites a provision which says that for the purpose of promotion, the military education requirements are waived for AOC 67E, 67F, 67G, or MFA 71, 72, or 73.  He adds that an IPAP memorandum, dated 2006, states that after successful completion of phase 2 training, eligible students will be appointed as 1LT and awarded AOC 65D.  The applicant also cites Army Regulation 135-101, table 3-4, which states that an officer may be awarded up to 24 months for a master's degree which adds adjunctive stills to the officer's primary specialty.  He concludes that he does not understand the statement that he was not eligible for promotion when all of his classmates in IPAP were promoted to 1LT after completion of phase 2.

12.  While the applicant did not provide the IPAP memorandum dated 2006, the Board's staff located the referenced document.  This is a memorandum dated 7 December 2006 from the Chief, Army Medical Specialist Corps.  In this memorandum it was stated that an officer who is on active duty who completes the IPAP is not given CSC because the officer is already a Specialty Corps officer on active duty while completing the IPAP program.  However, active duty enlisted Soldiers are given 2 years CSC for IPAP upon graduation.

13.  Army 135–155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-1, states that the minimum time in grade (TIG) for promotion to CPT is 2 years and the maximum TIG is 5 years.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the applicant's contentions, the governing regulations are clear that he was required to complete OBC to be promoted to 1LT.  Nevertheless, he was promoted to 1LT upon completion of IPAP on 15 September 2006.

2.  While he did not hold an AOC which did not require OBC for promotion, this is a moot point since he was promoted to 1LT on 15 September 2006.  

3.  As such, while he was first eligible for promotion to CPT at his minimum TIG on 15 September 2008, his maximum TIG was not until 15 September 2011.  He was promoted on 1 April 2010.  This is well within the maximum allowable TIG for promotion to CPT.

4.  In view of the foregoing, there is no basis for granting the applicant’s 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)                                         AR20100025838



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ABCMR Record of Proceedings (cont)                                         AR20100025838



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