IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110002105
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 an adjustment of his entry date of rank (DOR) as a captain (CPT) from 7 January 2010 to 7 January 2007.
2. The applicant states he was sworn in as a CPT on 7 January 2010 with
7 years of constructive service credit (CSC). His DOR should be adjusted to
7 January 2007.
3. The applicant provides a:
* Printout of his service record
* DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers))
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant's records show he was appointed as a Reserve commissioned officer in the Medical Services Corps (MSC) of the U.S. Army Reserve (USAR) and executed an Oath of Office on 7 January 2010.
2. His appointment memorandum, dated 7 January 2010, shows his entry grade as CPT and that he was awarded 7 years of CSC. He was assigned to the 301st Combat Support Hospital, St. Peters, MO.
3. A DA Form 5074-R was prepared on 2 February 2010 in connection with this appointment. This form shows award of 7 years of CSC based on:
* 4 years for a pharmacy degree at the University of Missouri, from 23 August 1997 to 9 May 2003
* 3 years for professional experience for his license from 12 August 2003 to 17 November 2009
4. His total CSC qualified him for the entry grade of CPT.
5. On 6 October 2011, an advisory opinion was obtained from the U.S. Army Human Resources Command, Fort Knox, KY and recommendation was that the applicant's request be denied. The official stated that the applicant's DOR is correct as 7 January 2010. Based on paragraph 3-2 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), the minimum CSC to be appointed as a CPT (except Medical Corps and Dental Corps) is 7 years and the maximum is 14 years. The overlap of months and days are subtracted from the initial appointment date as CPT and established the adjusted DOR. The applicant was appointed as a CPT in the USAR effective 7 January 2010 with 7 years of CSC with no overlap.
6. The applicant was provided the advisory opinion but he did not respond.
7. Paragraph 6.1.2 (CSC) of DODI 6000.13 (Medical Manpower and Personnel). states CSC provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and DOR comparable to that attained by officers who begins commissioned service after getting a baccalaureate degree and serves for the period of time it would take to obtain the additional education. CSC shall be awarded as follows:
a. 6.1.2.2.1. Four years of CSC shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.).
b. 6.1.2.2.5. Credit of one-half year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service
concerned. Creditable experience cannot predate the receipt of licensure, registration, or certification.
8. Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the AMEDD. Chapter 3 contains guidance on grade determinations It states the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase point shown in the Table ERR. This Table shows the minimum CSC to be appointed as a CPT is 7 years and the maximum of 14 years. Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the DOR within that grade.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded 7 years of CSC upon his appointment in MSC of the USAR without concurrent call to active duty. This CSC qualified him to enter the USAR as a CPT. He did not have any excess CSC to adjust his DOR. Therefore, he received the appropriate grade and DOR commensurate with the CSC he was awarded. He has not shown any error or injustice in the process. Therefore, he is not entitled to 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 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) AR20110002105
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ABCMR Record of Proceedings (cont) AR20110002105
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