IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100026394
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 her military records to increase her constructive service credit.
2. The applicant states she needs an increase in her constructive service credit to increase her time in grade as a first lieutenant. She contends that her bachelor's degree (BS) awarded in 2003 qualified her as a registered dietitian. She further contends that her medical experience from 5 August 2006 to January 2009 qualified her for an increase in constructive credit from 7 months to about 24 months.
3. The applicant provides a copy of her credential verification, dated 23 July 2010.
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was serving as a U.S. Army Reserve (USAR) first lieutenant, Specialist Corps, with the 4215th U.S. Army Hospital located in Richmond, Virginia.
2. In a memorandum from the Chief, Appointments, U.S. Army Human Resources Command, St. Louis, Missouri, dated 15 June 2010, the applicant was notified of her appointment as a Reserve commissioned officer of the Army in the rank of first lieutenant. She was granted 2 years, 7 months, and 0 days of constructive service credit.
3. A DA Form 71 (Oath of Office Military Personnel), dated 15 June 2010, shows the applicant executed her oath of office on that date.
4. A DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health services Officers)), dated 13 July 2010, shows the applicant received 2 years of constructive service credit for her Master of Science (MS) degree in Sport Nutrition and Exercise Science from Marywood University. It also indicates she received 7 months of constructive service credit for her professional experience from 16 January 2009 to 16 March 2010.
5. In the processing of this case, an advisory opinion was obtained from the Program Manager, Specialist Corps/Dental Corps Branch, Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, Kentucky. The opinion states the applicant's appointment was based on her MS degree in Sport Nutrition and Exercise Science. It further states that the applicant's work experience from 5 August 2006 to 15 January 2009 overlapped with her time spent pursuing her MS degree. A period of time may be counted only once when computing constructive service credit. The opinion asserts that she was properly granted 2 years and 7 months of constructive service credit based on her education and work experience.
6. On 18 April 2011, a copy of the advisory opinion was sent to the applicant for her information and opportunity to respond. No response was received.
7. Department of Defense Instruction 1312.03 (Service Credit for Commissioned Officers) implements policy, assigns responsibilities, and prescribes procedures for awarding constructive service credit.
a. Paragraph 6.1.2.1 provides that a period of time shall be counted only once when computing constructive service credit.
b. Paragraph 6.1.2.4.3.2 provides that entry-grade credit for special experience or unique qualifications, as determined by the Secretary of the Military Department concerned, in those cases in which advanced education beyond the baccalaureate degree level is required as a prerequisite for appointment, assignment, or designation in a particular commissioned officer category shall not exceed 1/2 year for each year, up to a maximum of 3 years of credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her military records should be corrected by increasing her constructive service credit by about 24 months based on her work experience.
2. The evidence of record clearly shows the applicant was granted constructive service credit in the amount of 2 years based on her MS degree and another 7 months based on her work experience.
3. The applicant's contention that her BS degree qualified her for an appointment as a registered dietitian is not supported by the available evidence of record or by the governing directives.
4. In any case, the applicant's work experience overlapped with her pursuit of the MS degree. The governing directive prohibits counting a period of time more than once. Therefore, she was only authorized 7 months of constructive service credit for her work experience, time starting after award of her Master of Science degree.
5. In view of the above, the applicant's request should be denied.
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) AR20100026394
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ABCMR Record of Proceedings (cont) AR20100026394
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