IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110011195 


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 constructive service credit for his time in grade (TIG) on active duty as a captain (CPT)/O-3 and adjustment of his date of rank (DOR).

2.  The applicant states:

* in accordance with Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.2.2.2, dated 13 June 1997, his time in grade should be equal to the amount of time he held the permanent grade of CPT when he was discharged on 2 February 2008
* his date of rank should be adjusted accordingly
* he was appointed to CPT in the U.S. Army Reserve (USAR) on 2 March 2010 with only 1 year, 8 months, and 17 days TIG
* as of the date of his reappointment to CPT on 2 March 2010, he should be credited with a total of 5 years, 2 months, and 1 day TIG for promotion purposes
* the accessions process does not take into account his level of experience as a aeromedical evacuation officer or any of his aviator qualifications

3.  The applicant provides:

* a Memorandum for the President of the Board, Army Board for Correction of Military Records (ABCMR)
* two pages of DODI 6000.13, dated 30 June 1997
* 
his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 February 2008
* his appointment memorandum to CPT, MS-USAR, dated 2 March 2010
* Orders C-03-004239, dated 18 March 2010
* a Request for Exception to DOD Directive 13122, dated 9 May 1996
* two pages of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches)
* DA Form 5074-R (Record of Award of Entry Grade Credit Health Services Officers), dated 15 March 2010
* a memorandum, subject:  Request for DOR adjustment for (applicant's name), dated 28 May 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 5074-1-R shows he was awarded a Bachelor of Science Degree in Geography on 14 May 1999.

2.  With prior enlisted service in the Regular Army and the Army National Guard, the applicant accepted an appointment as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT/O-1 on 14 May 1999.  His appointment memorandum shows he was assigned to the Medical Service Corps with a 67J (Aeromedical Evacuation) military occupational specialty.

3.  The applicant was ordered to active duty effective 11 July 1999 to attend an Army Medical Department (AMEDD) course.  He was promoted to first lieutenant  (1LT)/O-2 effective 11 January 2001 and to CPT effective 1 December 2002.

4.  He was discharged on 2 February 2008 to accept an appointment as a chief warrant officer two (CW2)/W-2, in the Regular Army, effective 3 February 2008.  He was discharged to accept an appointment as a CPT in the USAR, effective
2 March 2010.

5.  The applicant's DA Form 50-74-1-R shows that on 15 March 2010 he was awarded 8 years, 8 months, and 17 days of constructive service credit based on his prior active commissioned service.  As of 15 March 2010, he had 1 year, 8 months, and 17 days of excess credit for the rank of CPT and a DOR of
15 June 2008.

6.  The applicant provides a memorandum to the President of the ABCMR requesting receipt of credit for all of his active duty TIG as a captain and an adjusted DOR.  He contends that his level of experience was not taken into consideration and that his current DOR does not accurately reflect the Army's intent.

7.  During the processing of this case, on 17 June 2001, an advisory opinion was obtained from the Director, Health Services Directorate, who states the applicant's constructive service credit was properly computed.  The director states the documentation the applicant submitted shows his military service as an aeromedical pilot, which qualified him to be a captain in the USAR.

8.  A copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

9.  DODI 6000.13, paragraph 6.2.2, states that a former Regular or Reserve commissioned officer may, if otherwise qualified, be appointed or reappointed as a Reserve officer.  If so appointed, he or she may be credited, for determining DOR under Title 10, U.S. Code, section 741(d), with service in grade equal to that held by the person when discharged or separated.

10.  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. Paragraph 3-2 provides the policy for determination of entry grade for officers not ordered to active duty.  It states that 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 that an individual appointed as a Reserve officer without concurrent call to active duty who was awarded 7 years or more, but less than 14 years entry grade credit will be appointed as a captain.  However, entry grade for medical officers is determined by an annual Department of the Army Circular and will be determined, in part, by the manning shortfalls in the specialty. Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was properly credited with the time he served on active duty as a CPT.  His service as an areomedical evacuation officer and his aviator qualifications were considered.  He was credited with 8 years, 8 months, and 17 days of constructive service credit with a date of rank of 15 June 2008.  Based on the available evidence he is not authorized any additional constructive service credit and the DOR he received is correctly reflected.
2.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110011195



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ABCMR Record of Proceedings (cont)                                         AR20110011195



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