IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20100027837 


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 record to adjust his grade, rank, and date of rank (DOR).

2.  He states his current grade and DOR do not reflect his years of training, education, clinical experience, and expertise.

3.  He provides:

* a self-authored statement
* orders and correspondence related to his initial appointment, subsequent promotions, duty assignments, and entry in the Army Medical Specialist Corps (SP); a DA Form 1059 (Service School Academic Evaluation Report);
* a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers))
* an ARPC Form 155-R (Promotion Qualification Statement)

CONSIDERATION OF EVIDENCE:

1.  Following enlisted service in the Regular Army, service as a cadet at the U.S. Military Academy, and inactive enlisted service in the U.S. Army Reserve (USAR), the applicant enlisted in the South Carolina Army National Guard (SCARNG) on 6 September 1991.  He was honorably discharged on 6 August 1993 to accept an appointment as a commissioned officer.

2.  Effective 7 August 1993, he was appointed in the rank/grade of second lieutenant (2LT)/O-1 as a Reserve Commissioned Officer of the Army in the Army Medical Service Corps (MSC) to serve as a member of the Army National Guard of the United States.  On 21 June 1995, he was promoted to first lieutenant (1LT)/O-1 in the MSC with a DOR of 21 June 1995.

3.  His record includes a transcript from the Medical University of South Carolina (MUSC) showing he completed a Bachelor of Science degree in Physician Assisting in August 1996. 

4.  Effective 1 November 1996, he was relieved from his assignment as a Field Medical Assistant in the SCARNG and he was transferred to an overstrength position as a physician assistant (PA).  Effective 15 November 1996, he was relieved from the overstrength position and reassigned to the same paragraph and line number, but not as overstrength.

5.  His record includes a certificate issued by the National Commission on Certification of Physician Assistants (NCCPA) showing he completed the certifying examination and he was designated a certified PA.  A note shows an Army Medical Department (AMEDD) technician confirmed his certification on 12 June 1997.

6.  Effective 1 April 1998, he was reappointed as a 2LT in the SP branch and assigned to the position in which he had been serving while in the MSC.

7.  A DA Form 5074-1-R approved on 20 April 1998, shows he:

* completed NCCPA certification on 12 June 1997
* was credited with 1 year, 6 months, and 15 days of service for his professional experience and prior active commissioned service

8.  Effective 8 March 1999, the SCARNG promoted him to 1LT.  Effective 13 April 1999, he received Federal recognition as a 1LT in the SP branch.

9.  Effective 1 November 1999, he was honorably separated from the SCARNG and he was transferred to the USAR.  His separation orders indicate he requested separation from his Reserve of the Army appointment.

10.  Effective 8 March 2000, he was appointed in the USAR as an SP branch 1LT.  The notification memorandum shows he was credited with 5 years and
17 days of service in an active status.

11.  A Unit Manning Report, dated 21 August 2000, shows he was assigned to a PA position in a USAR unit on 8 March 2000.  The report shows the position was authorized to be filled by a captain (CPT)/O-3.

12.  On 30 May 2002, the Chief, Office of Promotions, Reserve Components, U.S. Total Army Personnel Command, notified him he was selected for promotion [to captain (CPT)/O-3] by the Department of the Army Reserve Components Selection Board that convened on 7 January 2002.  He was informed that to be promoted, he must remain in an active status, have a current security clearance, be medically qualified for retention, meet the standards of the Army body composition program, and otherwise meet promotion eligibility criteria.  He was informed that failure to comply with the instructions could result in his removal from the selection list.  He was also informed that if he was assigned to a troop program unit (TPU), he must be assigned to a duty position authorized a grade equal to or higher than the grade in which he was selected.

13.  On 7 June 2002, the Chief, Military Personnel Actions Branch, U.S. Army Reserve Personnel Command (ARPERSCOM), notified him his promotion status was suspended because the dates of his Army Physical Fitness Test (APFT), maximum allowable weight (MAW), and physical examination were not current.

14.  On 29 June 2002, he tendered his resignation.  On 8 November 2002, the 642nd Area Support Group, Fort Gordon, GA, returned his resignation without action because he had a military obligation.  

15.  On 26 February 2003, the Chief, Military Personnel Actions Branch, ARPERSCOM, notified the Commander, 81st Regional Support Command (RSC), that:

* no response had been made to the ARPERSCOM memorandum, dated 7 June 2002
* the applicant was assigned to an invalid position [for promotion]
* his security clearance would expire on 28 April 2003

16.  An ARPC Form 155-R (Promotion Qualification Statement) shows, on 2 March 2003, the applicant indicated he accepted promotion, and his commander verified his eligibility for promotion.  The form shows his security clearance was dated 29 April 1993.

17.  A Unit Manning Report, dated 16 April 2003, shows he was assigned to a PA position authorized to be filled by a CPT on 27 March 2003.

18.  The transaction history in the Integrated Web Services (IWS), a database maintained by the U.S. Army Human Resources Command, includes e-mail correspondence showing, on 15 May 2003, an ARPERSCOM official contacted the Deputy Chief of Staff for Personnel (G-1), 81st RSC, to confirm the applicant's position assignment date and to notify the G-1 that he did not have a valid security clearance.  On 31 July 2003, the G-1 responded, stating his unit had explained he had been moved to a pending loss position after submitting his resignation and placed back in his [PA] position on 17 March 2003.  The G-1 also stated his security clearance had been updated.

19.  A USARC Form 56-R (Promotion Qualification Statement for [U.S. Army Reserve Command] Mobilized TPU Officers), dated 25 August 2003, shows his commander verified he was qualified for promotion.

20.  Effective 30 July 2003, he was promoted to CPT in the USAR.

21.  Effective 14 May 2009, he was promoted to major (MAJ)/O-4 in the USAR.

22.  The AMEDD Reserve Component Selection Board (RCSB) zone of consideration for promotion to CPT in 2000, when the applicant entered the USAR, included 1LTs with a DOR from 17 May 1995 to 16 May 1996.  

23.  The AMEDD RCSB zone of consideration for promotion to CPT in 2002 included 1LTs with a DOR from 17 May 1997 to 31 May 1998.  The 2002 AMEDD RCSB results were approved on 30 April 2002.

24.  He provides a self-authored statement showing the following:

I completed Officer Candidate School in 1993 and received my commission as a [2LT] in the [MSC] on August 7, 1993.  I branched MSC because I always intended to pursue medical studies, either [medical doctor] or PA.  I was promoted to [1LT] on 21 June 1995.  I was accepted to The Medical University of South Carolina's (MUSC) [PA] Program in 1994 and completed the program in 1996.  During [that] time I completed the [Army Medical Department (AMEDD)] Officer Basic [Course] [Reserve Component] in May 1995.

I graduated from MUSC's PA program with a Bachelor of Science in [PA] Studies in August 1996.  I was transferred from my 70B67 [MSC] slot to a 65D PA slot on 1 November 1996.  I remained branched as an MSC officer and retained my rank of 1LT.  When I began the process of branch transferring to the [SP] Corps, which retains the PA's, I was told that I would lose one quarter of my time in grade because the AMEDD considers a Soldier's rank as an indicator of experience as a provider.  

I was separated from the [SCARNG] and reappointed in the rank of 2LT and branched SP with a DOR 1 [April] 1998 and entry grade credit of 1 year 6 months 15 days.  Of note, I was separated from and reassigned to the exact same position, paragraph and line number that I had held since 1 November 1996.  The policy at the time was not to allow an officer to branch transfer until they had graduated and passed the [National Commission on Certification of Physician Assistants (NCCPA)] Certification Board Exam.  

Shortly after I was branch transferred, AMEDD then began allowing officers attending the [Interservice Physician Assistant Program (IPAP)] to be branch transferred into the [SP] Corps when they began the program, which allowed them to recoup two years of their lost time in grade.  I was not afforded that opportunity and in addition, from the date of my graduation to the time my reassignment was completed, it was almost an additional year and a half.  Whereas, had I been reassigned immediately upon starting PA school I would have lost only one year time in grade and [would] have been eligible for promotion to 1LT in 1996 instead of 8 March 1999, when I was eventually promoted back to 1LT. 

A request for special appointment consideration was written to support my current grade, but to no avail at the time.  The letter illustrated that I was more than qualified and my duties were structured accordingly.  This was more than equitable to those [who] were students; plus I was growing as a leader.  

Most of the Guard's medical assets were being transferred to the Reserves and I was advised to pursue the Reserves for better opportunities.  I resigned from the Guard and was appointed as a Reserve Officer with a DOR of 8 March 2000.  I was credited with [5 years and 17 days'] "years of service in an active status."  I should have been eligible for consideration [for promotion to] CPT immediately upon accession to the Reserves but my records were not reviewed for almost two years despite my repeated requests.  I eventually received a last minute notification that I was being considered for the February 2002 Captain's Board.  I had 30 days to complete my packet.  I was selected for CPT on the February 2002 AMEDD Board.  I did not receive orders promoting me to CPT until 17 [September] 2003 with a DOR backdated to only 30 July 2003.  My unit administrator at the time never submitted a promotion qualification statement.  I was mobilized in July 2003 and my new commander took up my case and found the error.  She 


generated a new promotion qualification statement with a date assigning me to the appropriate paragraph and line number effective 21 December 2002.  I was actually placed in that paragraph and line number with an effective date of 8 March 2000 as reflected in my appointment orders.  This error by my unit administrator cost me another year time in grade and caused me not to be promoted with my group from the [February] 2002 CPT's Board.  I thought it was corrected because I received notification that I was to go before the [January 2008] AMEDD MAJ Board but when I was not selected I discovered I was only being considered below the zone.  I then went before the next board and was selected for [MAJ] with an effective date of 14 May 2009.  I am now a junior MAJ even though I have been commissioned almost 18 years and have been a clinically practicing PA for over 15 years.

The compounding of these errors, despite reassurance from past commanders that "things would eventually sort themselves out" as my records came up for review, has placed me in a junior status despite a senior level of time and experience.  I have been passed over for internal supervisory roles because of the limitations of my dates of rank.  The commissioning process of PA's has matured over the years and [many] of the inconsistencies have been worked out; however, I have been passed by and left to sit in positions and watch those with less clinical experience and much less leadership experience gain greater rank and responsibilities.  All this has occurred in spite of the fact that every [Officer Evaluation Report] I have ever received has commented on my leadership abilities and the need to promote me ahead of peers or below zone.

25.  During the processing of this case, on 19 April 2011, an advisory opinion was obtained from the Program Manager, Specialist/Direct Commission Branch, Health Services Directorate, U.S. Army Recruiting Command (USAREC).

	a.  The advisory official confirmed the applicant was commissioned as an MSC 2LT on 7 August 1993 prior to earning his degree as a PA in August 1996 and completing his NCCPA examination on 12 June 1997.  He was reappointed in the rank of 2LT and, while still serving in the SCARNG, branched SP with a DOR of 1 April 1998.

	b.  The advisory official addresses the applicant's assertion that he should have been allowed to branch transfer to the SP Corps when he began civilian PA school in 1994 since the SP Corps began allowing officers attending the IPAP to branch transfer when they began the program.  Per the advisory official, this information is incorrect.  Officers were not permitted to attend IPAP until after 


2000, and the policy remains in place that non-IPAP PA students cannot branch SP until after obtaining their certification to practice from the NCCPA.  His unit appropriately branch transferred him to the SP Corps following his PA certification.  This transfer could not have happened until 12 June 1997, when he received his NCCPA certification.

26.  A copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  In an e-mail, dated 30 June 2011, the applicant provided a rebuttal to the advisory opinion, stating:

I can honestly say [USAREC's] response was expected.  I do contend that their policies create an inherent inequality between professionals.  I was specifically told that rank in the medical provider fields [is] a representation of clinical experience.  The current policies do not reflect that idea.  No one in good conscience can say a person trained and working in the civilian sector has less experience than one who works and trains on active duty.  Especially now that the Reserves are more of an operational force than prior to [11 September 2001].  By not allowing non-IPAP students to branch transfer and only giving partial credit, [USAREC] is creating an environment where less experienced providers are being placed in supervisory positions over more experienced providers.  I argue that this has adversely impacted my career….  A provider is a provider no matter where trained and every provider should be given the same starting point.  An IPAP PA should not have a two year jump on those who didn't go to IPAP, especially if they are actively serving in the Guard or Reserves.  Unequal treatment.

I do contend that the time period for the branch transfer between [MSC] and SP was excessive and cost me a year time in grade.

27.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve officers.  The regulation specifies that for promotion to CPT the maximum time in grade (MTIG) for a 1LT is 5 years.  For promotion to MAJ, the MTIG for a CPT is 7 years.  An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date he/she completes the maximum service.

28.  Army Regulation 135-155 mandates the following qualifications for promotion:

	a.  Position – Soldier must be assigned to a valid higher grade position.  If unable to locate a valid higher grade position, the Soldier:  may request a delay of promotion up to 1 year from the date the promotion board is released, or 1 year from the Soldier's promotion eligibility date, whichever is later; may decline promotion [however, a declination serves as a first or second non-selection for promotion]; or may transfer to the IRR and be promoted as an IRR Soldier.

	b.  Physical Examination – Soldier must have a physical examination on record within five years of the date of promotion.

	c.  Army Physical Fitness Test (APFT) – Soldier must pass the APFT within 12 months of the date of promotion.  This is waived only if a medical profile precludes taking a regular or alternate APFT, and Soldier's last APFT was not expired or failed at the time the profile was in effect.

	d.  Height and Weight Standard – Soldier must meet weight standards as prescribed by Army Regulation 600-9 within 12 months of the date of promotion.

	e.  Security Clearance – Soldier must possess, as a minimum, Secret clearance.

	f.  Flag – Soldier cannot be promoted with any flagged entries in the database.

29.  Section III (Dates of Promotion) of Army Regulation 135-155 provides the procedures for computing promotion effective dates of all Reserve Component officers.  When an officer does not meet the qualifications for promotion, the effective date of promotion will not be earlier than the later date all qualifications are met.

30.  Department of the Army Pamphlet 600-3 (Army Personnel Development System) is intended as a professional development guide for individual officers.  It includes chapters relating to officer education, general promotion policies, and officer evaluations.  In pertinent part, it states that officers in many respects are ultimately their own career managers.  The key is to be involved in career development by making informed, logical decisions and acting on them.  One important element of an officer's involvement is the accurate reflection of capabilities in the OMPF.  The OMPF and the career management individual file (CMIF) contain the date from which important career development decisions are made for selection, advancement, assignment, and retention.  Officers should review, update and maintain these records throughout their careers.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show errors in the applicant's rank or DOR.  

2.  When he branch transferred from MSC to SP, he was properly appointed as a 2LT based on credit for his professional experience and prior commissioned service.  He states he was placed at a disadvantage by not being able to transfer to the SP branch while he was earning his PA degree and certification.  While it is true that officers in IPAP are allowed to transfer to the SP branch during their training, this practice did not begin until 2000, well after he had received his PA certification and appointment in the SP branch.  There could be no inequity because at the time no one pursuing PA certification could branch transfer prior to becoming certified.

3.  The fact that he served in a PA position prior to being certified has no bearing on this case.  There is no regulatory basis for granting credit for professional experience as a PA prior to being certified to practice as a PA.

4.  He states the time it took to complete his branch transfer cost him a year of time in grade.  The evidence of record does not show and he has not provided evidence showing administrative delays in the processing of his branch transfer.

5.  He states he should have been considered for promotion to CPT immediately upon appointment in the USAR in 2000, but he was not in the zone of consideration.  The 2000 AMEDD RCSB zone of consideration for promotion to CPT was 17 May 1995 to 16 May 1996.  His DOR for 1LT was 13 April 1999.

6.  He was selected for promotion to CPT by the 2002 AMEDD RCSB; however, his promotion was delayed because he did not have a current APFT, MAW, or physical examination.  Further, he tendered his resignation prior to becoming eligible for promotion.  As a result, he was assigned to a pending loss position, further rendering him ineligible for promotion.  By the time these issues were resolved, his security clearance had expired, again rendering him ineligible for promotion.  He was finally promoted to CPT effective 30 July 2003.  Of note is the fact that his promotion to CPT, though delayed, was still in advance of his MTIG.

7.  He states he was considered for promotion to MAJ below the zone in 2008 but he was not selected.  He was selected for promotion to MAJ in 2009 and promoted effective 14 May 2009 in advance of his MTIG.


8.  Review of the available records failed to reveal discrepancies in the administration of the applicant's promotions.  It is true that his transfer from the MSC branch to the SP branch delayed his advancement; however, any AMEDD officer who made the choices he made would have experienced the same delay.

9.  The most significant issue in his career advancement was the more than 
12-month delay in his promotion from 1LT to CPT.  The record shows this delay was due to circumstances he mainly controlled.  Had he taken measures to ensure his APFT, MAW, and physical examination were current--and had he not submitted his resignation--he would have been promoted to CPT in 2002.

10.  In the absence of evidence showing error, inequity, or injustice, he is not entitled to adjustment of his grade or DOR.

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)                                         AR20100027837



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ABCMR Record of Proceedings (cont)                                         AR20100027837



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