BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110011614
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, in effect, correction of his records by awarding him constructive service credit for his civilian work experience prior to being commissioned.
2. The applicant states:
* he worked as an Environmental Health Technician from 31 May 2008 to 26 January 2010
* his Army Medical Department (AMEDD) recruiter failed to submit the proper constructive service credit documentation
* he was improperly advised and referred to numerous individuals on the procedures for obtaining constructive service credit, all to no avail
3. The applicant provides 16 enclosures outlined in his 2-page statement in support of his request.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service in the Regular Army, the applicant was appointed a second lieutenant (2LT)/O-2 on 27 January 2010.
2. On 1 August 2011, the applicant was promoted to first lieutenant.
3. During the processing of this case, an advisory opinion was obtained from Headquarters, U.S. Army Recruiting Command (USAREC), Director of Health Services Directorate. The advisory official confirmed the applicant should have been awarded constructive service credit for work experience from 31 May 2008 to 26 January 2010.
4. On 26 September 2011, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. On the same date, he responded stating he was satisfied with the advisory opinion and that he had no additional comments to add.
5. Department of Defense Instruction 6000.13 (Medical Manpower and Personnel), provides the policy for award of entry-grade credit for medical personnel. Paragraph 6.1.2.2.5 provides that "credit of 1/2 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."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of constructive service credit for his civilian work experience prior to being commissioned was carefully considered and determined to have merit.
2. The Director of Health Services Directorate, USAREC, has confirmed the applicant should have been awarded constructive service credit from 31 May 2008 to 26 January 2010. Therefore, he is entitled to correction of his records to show his proper constructive service credit.
3. The applicant was promoted to first lieutenant on 1 August 2011. Had the constructive service credit been awarded at the time of his entry onto active duty, his promotion would have occurred earlier.
BOARD VOTE:
___x___ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing he had total constructive service credit of 9 months and 28 days at the time of his commission and adjusting his active duty entry grade of second lieutenant accordingly.
b. adjusting his promotion to first lieutenant as appropriate based on the addition of his total constructive service credit.
c. having the Defense Finance and Accounting Service audit his pay records and providing him all pay and allowances due as a result of the above corrections.
_________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) AR20110011614
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ABCMR Record of Proceedings (cont) AR20110011614
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