IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110000964 


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 entry grade be changed to captain (CPT)/O-3.

2.  The applicant states the entry grade of first lieutenant (1LT)/O-2 he was given upon his appointment should be changed to CPT/O-3 based on his Doctor of Pharmacy degree from Purdue University.  He claims every pharmacist he came across is a CPT/O-3 and he tried correcting this matter when he took his oath, but his recruiter was in the process of retirement and he could not get in touch with him.

3.  The applicant provides a self-authored statement and his Doctor of Pharmacy diploma and college transcripts in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers)) that shows he received 4 years, 1 month, and 18 days of constructive service credit of which 4 years was awarded for his qualifying degree and 1 month and 18 days was awarded based on his professional experience between 12 August and 17 November 2009.  It also shows 1 year and 6 months of this credit qualified him for the entry grade of 1LT/O-2 and that the 2 years, 7 months, and 18 days of credit in excess of that required for his entry grade was awarded for date of rank (DOR) purposes.  This establishes his 1LT/O-2 entry-grade DOR as 7 June 2007.

2.  On 25 January 2010, the applicant was appointed as a 1LT/O-2 in the U.S. Army Reserve (USAR), Medical Service Corps.  The appointment memorandum issued by the U.S. Army Human Resources Command, St. Louis, Missouri, shows he received 4 years, 1 month, and 18 days of constructive service credit and his DOR was established as 7 June 2007.

3.  In connection with the processing of this case an advisory opinion was obtained from the Director, Health Services Directorate, U.S. Army Recruiting Command (USAREC).  This official states that after reviewing the applicant's record, it was determined his constructive service credit was properly computed.  He states the applicant was awarded 4 years of constructive service credit for his doctorate degree because it was his qualifying degree.  The applicant's argument that he should have been assessed as a CPT/O-3 is based on incorrect information.  Entry into the USAR as a CPT/O-3 requires 7 years of constructive service credit.  Entry on active duty as a CPT/O-3 requires 3 years and 1 month of constructive service credit.  This official finally recommends the applicant's 4 years, 1 month, and 18 days of constructive service credit not be changed.

4.  On 26 May 2011, the applicant responded to the advisory opinion and indicated that documents regarding his prior enlisted service and his doctorate degree had been provided and as long as they were considered in the judgment made in the advisory opinion, he thanks the Board for its time.

5.  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.  Paragraph 3-4 (Transition Credit) states the grade and DOR upon appointment will be determined by the law and regulations in effect on the date of the appointment.

6.  Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997, subject:  Medical Manpower and Personnel, provides the policy for awarding constructive credit.  Paragraph 6.1 states that a prospective heath profession officer's entry grade and rank shall be determined by the number of years of entry-grade credit awarded on original appointment, designation, or assignment  as a health professions officer.  The entry-grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.  There are no provisions of the DODI that provide for granting constructive service credit for prior enlisted service.

7.  Paragraph 6.1.1.2 of the same DODI states that 1/2 day of constructive service credit will be awarded for service on active duty or in an active status as a commissioned officer performed not in the corps or professional specialty in which being appointed in the case of individuals seeking an original appointment as a health professions officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his entry grade to CPT/O-3 based on award of additional constructive service credit based on his doctorate degree and prior enlisted service has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, grade and DOR upon appointment will be determined by the law and regulations in effect on the date of the appointment.  Further, DOD constructive service credit policy outlined in DODI 6000.13, while providing for award of constructive service credit for prior commissioned officer service, does not provide for awarding constructive service credit for prior enlisted service.  Constructive service credit policy provides for granting 4 years of constructive service credit for the qualifying degree for appointment.  It allows for additional constructive service credit for advanced degrees only if they are not the qualifying degree for appointment.

3.  As evidenced by the USAREC advisory opinion, the policy in effect at the time of the applicant's appointment required 7 years of constructive service credit for appointment in the USAR as a CPT/O-3.  The advisory opinion further confirms the applicant's doctorate degree was his qualifying degree for appointment and as a result qualified for 4 years of constructive service credit.

4.  Therefore, given the applicant's constructive service credit was granted in accordance with the applicable law, regulation, and policy in effect at the time of his appointment in the USAR, there is an insufficient evidentiary basis to support granting the requested relief.

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)                                         AR20110000964



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ABCMR Record of Proceedings (cont)                                         AR20110000964



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