IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110000355
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 date of rank (DOR) to second lieutenant (2LT)/O-1 be adjusted.
2. He states he:
* was given constructive credit with a DOR of 16 February 2009 when he was commissioned
* was referred to the website for this Board when he inquired about being promoted because his constructive credit worksheet was filled out wrong
* should be up for promotion to first lieutenant
3. He provides:
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers))
* Appointment memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 67-9 (Officer Evaluation Report)
* Transcript
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving in the U.S. Army Reserve (USAR) in the rank of 2LT. He completed prior enlisted service from 22 March 2004 to 15 February 2010.
2. The applicant was awarded a Bachelor of Arts degree in Health Administration in June 2009 at the University of Phoenix, AZ.
3. On 16 February 2010, the applicant was appointed as a Reserve 2LT in the Medical Services Corps in specialty 70B (Health Services Administration). His appointment memorandum shows the entry "00 yrs, 00 mos, 00 days" for constructive credit.
4. His DA Form 5074-1-R prepared on 8 March 2010 shows he was not awarded any constructive service credit (0 years, 0 months, and 0 days) for his Bachelor of Arts degree in Health Administration. His entry grade was determined as 2LT with a DOR of 16 February 2009.
5. He provided a copy of his transcript from the Ashford University which shows he was enrolled in the master's degree program for Health Care Administration and his estimated graduation date was 6 December 2010.
6. His service personnel record contains a copy of his diploma from the Ashford University that shows he was awarded a Master of Arts Degree in Health Care Administration on 6 December 2010.
7. In the processing of this case, an advisory opinion was obtained from the Director, Health Services Directorate, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY. It was recommended that the applicant's total constructive credit remain firm at 0 years, 0 months, and 0 days. The official stated that:
a. The applicant was boarded for appointment into the USAR on 20 January 2010.
b. His qualifying degree for appointment as a 70B was his baccalaureate degree from the University of Phoenix.
c. The unofficial transcript provided from Ashford University shows an anticipated completion date of 6 December 2010 for a Master of Arts degree with a major in Health Care Administration.
d. In accordance with Department of Defense Instructions (DODI) 6000.13, (Medical Manpower and Personnel), section 6.1.2.2.3, no additional credit can be awarded for his masters degree and section 6.1.2.2.2 does not apply because 70Bs do not carry a certification in a health care profession.
8. A copy of the advisory opinion was forwarded to the applicant to allow him to submit comments or a rebuttal. However, he did not respond within the allotted timeframe.
9. References:
a. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of the Army Medical Department. Table 3-3 of this regulation does not indicate constructive service credit is granted for a Bachelor of Arts degree in Health Services Administration.
b. Department of Defense Instruction 6000.13 is the governing directive in granting constructive service credit.
(1) Paragraph 6.1.2.2.2. states 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 advanced degree, shall be awarded based on actual full-time equivalent education up to 2 years for a master's degree and up to 4 years for a doctorate.
(2) Paragraph 6.1.2.2.3. states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed in the USAR on 16 February 2010 in the rank of 2LT. At that time, he was not granted any constructive service.
2. The applicant contends that he was given constructive credit with a DOR of 16 February 2009. However, his service record is void of evidence which shows he was granted constructive credit at the time of his commission.
3. His qualifying degree for appointment as a Health Services Administration was his baccalaureate degree.
4. He was awarded a Master of Arts Degree in Health Care Administration in December 2010, 10 months after he was appointed. He is not eligible for additional credit for this masters degree.
5. There is no error or injustice that exists in this case regarding the applicants current DOR to 2LT or constructive credit awarded to him. Therefore, 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 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) AR20110000355
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