IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110010556 


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 records to show 4 years of constructive service credit (CSC) in area of concentration (AOC) 71B (Biochemist).

2.  He states his education and current functional capacity indicates he should be a captain (CPT)/O-3 in AOC 71B.  He maintains that his required record of CSC, DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) was not authorized.  He explains that he entered the Reserve Officers Training Corps (ROTC) while in graduate school in pursuit of a doctorate degree in biochemistry.  He adds that he believes the U.S. Army Cadet Command failed to acknowledge that he was completing his postgraduate work; therefore, he was commissioned as a second lieutenant (2LT)/O-1 prematurely.  He offers that his original appointment should have been as a CPT with 4 years of CSC.

3.  He provides:

* his University of Texas at El Paso (UTEP) transcript issued on 6 January 2011
* The Secretary of Defense letter of appointment in the Regular Army (RA) Medical Service Corps (MSC), dated 26 October 2010
* an advisory opinion from his Assignment Officer, dated 22 April 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 6 January 2003 for a period of 4 years.

2.  On 16 May 2006, the applicant submitted a DA Form 4187 (Personnel Action) requesting an early separation for the purpose of attending school, specifically his acceptance into the UTEP Biology PhD Program.  On 5 July 2006, his request was approved by the appropriate authority.

3.  On 17 August 2006, he enlisted in the Texas Army National Guard (TXARNG) for a period o 4 years and 22 days to continue his military service upon his release from active duty (REFRAD).

4.  On 7 October 2006, he was honorably REFRAD for the purpose of attending civilian schooling.  He completed 3 years, 9 months, and 2 days of creditable active service.  He was transferred to his TXARNG unit to complete his service obligation.

5.  On 6 October 2010, he was appointed as an RA MSC officer in the rank/grade of 2LT/O-1 in area of concentration (AOC) 70B (Health Services Officer).

6.  His transcript from UTEP shows he was awarded a Doctor of Philosophy (PhD) on 11 December 2010.  His major area of study was listed as Biological Science - Pathobiology.

7.  In a letter of appointment, dated 26 October 2010, The Secretary of Defense appointed the applicant to the rank of CPT.

8.  His record on the interactive Personnel Electronic Records Management System (iPERMS) does not contain a copy of the applicant's DA Form 5074-1-R.

9.  On 22 April 2011, the applicant's Assignment Officer at the U.S. Army Human Resources Command (HRC), Fort Knox, KY provided an advisory opinion.  She recommended approval of the applicant's request for 4 years of CSC for his PhD in biochemistry in accordance with Department of Defense Instruction 6000.13.

	a.  The assignment officer stated that the applicant's source of commission was ROTC.  The applicant entered ROTC while in graduate school in pursuit of a PhD in biochemistry.  As the 4th year of graduate school neared completion, the U.S. Army Cadet Command failed to acknowledge that the applicant was completing postgraduate work.  As a result, he was listed on the ROTC roster of 

officers to be commissioned as a 2LT, AOC 70B, MSC.  She stated when the applicant was contacted regarding his future assignment, they learned that he was about to graduate with an advanced degree.  Upon review, the Biochemistry Consultant to the Surgeon General determined that the applicant was qualified to hold AOC 71B.

	b.  The assignment officer further stated that once the error was discovered, the U.S. Army Recruiting Command (USAREC) submitted a new scroll for the applicant's appointment as a CPT, which was approved by The Secretary of Defense on 26 October 2010.  However, she stated that when she requested his DA Form 5074-1-R, it was determined that since an appointment order had already been issued by the Cadet Command, the USAREC did not have the authority to amend that order.  She offers that in normal circumstances, an educational delay would have been requested and granted which would have allowed USAREC to determine the applicant's appropriate entry grade.

10.  Department of Defense Instruction 6000.13, paragraph 6.1.2.2.2, states that credit for a 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 of up to 2 years for a master’s degree and up to 4 years for a doctorate degree.

11.  Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the RA) requires RA officers to meet educational and professional requirement listed in Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  Paragraph 2-4c, of Army Regulation 135-100 states that AMEDD officers will have their grades and dates of rank determined in accordance with Army Regulation 135-101. 

12.  Army Regulation 135-101 prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the AMEDD.  This regulation states that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.

13.  Army Regulation 135-101 states that officers will be granted 4 years of CSC for a doctorate level credit in biochemistry.  It further states that officers with
4 years or more, but less than 14 years of CSC will be appointed in the grade of CPT.
14.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation), paragraph 4-9 states that The Surgeon General and the Surgeon, Army Personnel Center, now HRC, are the classification authorities for AMEDD offices.  This includes the award and/or withdrawal of all special qualifications and proficiency skills.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was appointed as a 2LT in the MSC on 6 October 2010, prior to him obtaining his PhD in Biochemistry on 
11 December 2010.  USAREC submitted a new scroll appointing him to CPT once the error was discovered.  However it was determined that since an appointment order had already been issued by the Cadet Command, USAREC did not have the authority to amend that order.

2.  As cited in the above regulation, he is entitled to 4 years of CSC for a doctorate degree in biochemistry.  The advisory opinion also confirms he should have received 4 years of CSC for his degree.  Additionally, the advisory opinion states that based on him being qualified in AOC 71B and his academic credential, he should have been appointed in the grade of CPT.  Army Regulation 135-101 also verifies that officers with 4 years or more of CSC will be appointed in the grade of CPT.  Therefore, in view of the foregoing, he is entitled to correction of his records to show that he entered active duty in the rank/grade of CPT/O-3.

3.  However, notwithstanding the advisory opinion concerning the applicant being awarded AOC 71B, in accordance with Army Regulation 611-1, as cited above, The Surgeon General and the Surgeon, HRC, are the classification authorities for AMEDD offices.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was initially appointed as an RA officer in the rank/grade of CPT/O-3, effective 26 October 2010, with entitlement to all back pay and allowances due, provided he was otherwise qualified.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to appointing him in AOC 71B.



      ___________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)                                         AR20110010556



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010556



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1