IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110005957
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 award of 24 months of constructive service credit.
2. The applicant states the governing Department of Defense Instruction (DODI) authorizes constructive service credit for a masters degree in a health related field. He states his Master of Science degree was conferred on 16 August 2008, and he was commissioned on 26 August 2008.
3. The applicant provides the following documents in support of his application:
* College Diploma
* College Transcripts
* DA Form 71 (Oath of Office)
* DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers))
* DODI 6000.12
* Original 2010 application to the Board.
CONSIDERATION OF EVIDENCE:
1. The applicant's record contains a DA Form 5074-R that shows he received 0 years, 9 months, and 0 days of constructive service credit.
2. On 26 August 2008, the applicant was appointed as a second lieutenant (2LT)/0-1 in the U.S. Army Reserve (USAR), Medical Service Corps (MSC), specialty 70B (Healthcare Administrative Assistant).
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 after reviewing the applicant's accession record, it is determined that his constructive service credit was properly computed. This official further states that in accordance with the governing DODI, no additional credit can be awarded for a master of science degree. The additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position in the military service concerned. The master of science degree is not considered an adjunctive skill for specialty 70B. Additionally, specialty 70B does not carry a certification in a health care profession.
4. On 27 July 2011, the applicant responded to the advisory opinion and requested that the recommendation be rejected, and that he be awarded 1 year, 6 months, and 15 days of constructive service credit. He cites the DODI paragraphs he indicates support his position.
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 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. 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 states that a period of time shall be counted only once.
7. DoDI 6000.13, 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 two years for a master's degree and up to four years for a doctorate. 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's request for constructive service credit for his masters degree has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, constructive service credit for advanced degrees is based on grade and DOR upon appointment which 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 advanced degrees states the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position of the military service concerned.
3. The applicant's degree was not given in a health profession, and it does not add adjunctive skills to his Healthcare Administrative Assistant specialty.
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 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) AR20110005957
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