IN THE CASE OF:	  

		BOARD DATE:  22 May 2012

		DOCKET NUMBER:  AR20110014072 


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 record to show he:

* enlisted for direct accession as a commissioned officer
* was awarded constructive service credit for the master's degree he earned at the University of Colorado
* was initially appointed in the rank/grade of first lieutenant (1LT)/O-2

2.  The applicant states he came into the Army with a completed Master of Science degree in Environmental Science from the University of Colorado which was conferred on 15 December 2007.  He further states he was unaware of the direct accession process for medical officers until after he was enrolled in the Officer Candidate School (OCS).

3.  The applicant provides:

* transcript from the University of Colorado
* diploma from the University of Colorado
* résumé

CONSIDERATION OF EVIDENCE:

1.  The applicant had a Bachelor of Science degree in Environmental Resources Management conferred upon him in December 1994.  He also had a Master of Science degree conferred upon him in Environmental Science on 15 December 2007.

2.  On 11 May 2010, the applicant enlisted in the Regular Army in the rank/grade of specialist/E-4.  His record contains a DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program) which shows he enlisted for the following programs:

* U.S. Army Officer Officer/Warrant Officer Enlistment Program
* U.S. Army Incentive Enlistment Program (U.S. Army Student Loan Repayment Program (SLRP))

3.  His DA Form 3286 also shows he contracted to receive training as a commissioned officer candidate with no special qualifications.  In doing so, he acknowledged that although he could indicate a preference of branch prior to commissioning, he agreed to accept a commission in any branch selected by the Army.  He certified he read and understood the applicable information in Army Regulation 601-210 (Active and Reserve Components Enlistment Program) for the enlistment programs for which he was enlisting.

4.  On 26 July 2010, the applicant was promoted to the rank/grade of sergeant/
E-5 based upon his entrance in OCS as an officer candidate.

5.  On 23 November 2010, the applicant successfully completed OCS and was honorably discharged for the purpose of accepting a commission as an officer.

6.  The applicant was appointed as a second lieutenant (2LT)/O-1 in the Medical Services branch of the Regular Army (RA) with a date of rank and effective date of 24 November 2010.

7.  In the processing of this case, an advisory opinion was provided by the Chief, Officer Promotions, U.S. Army Human Resources Command, dated 26 January 2012.  The Chief, Officer Promotions, noted the applicant was appointed as an RA officer and placed on the Active Duty List (ADL) on 24 November 2010.  He opined that since the applicant's appointment was not the result of a direct appointment which is handled by U.S. Army Recruiting Command (USAREC) Army Medical Department Accessions, his promotion eligibility date to the rank/grade of 1LT/O-2 was 24 May 2012 based on 18 months following the date he was placed on the ADL.

8.  In the processing of this case, an advisory opinion was also provided by the Director, Health Services Directorate, USAREC, dated 7 February 2012.  The Director, Health Services, concurred with the advisory opinion rendered by the Chief, Officer Promotions, and concluded that the applicant's initial rank was authorized in accordance with Army regulations.  He also noted that had the applicant applied for a direct appointment based upon his degree from the University of Colorado, he may have tentatively qualified to board for a direct commission at the rank/grade of 1LT/O-2 under the provisions of Department of Defense (DOD) Instruction 6000.13 which is the governing directive in granting constructive service credit.  He concluded that USAREC is not authorized to retroactively promote or re-appoint officers to a higher grade after they have taken their initial appointment.  It is also noted that had the applicant applied for direct appointment and been accepted, he would not have been offered participation in the SLRP.

9.  The applicant was provided copies of both advisory opinions and he rendered his rebuttal on 16 February 2012.  In his rebuttal, the applicant acknowledged that he did not apply for the direct commissioning program but contended he should be awarded constructive credit for the 2 years he spent obtaining his master's degree because he was appointed in the Medical Services branch.  The applicant further contended that he believes it is in the best interest of the Army to award him the time he would have received had he been made aware of the direct commission path prior to enlistment.  He concluded by stating he has the same credentials as his colleagues, but is a grade lower in rank and pay.

10.  DOD Instruction 6000.13, paragraph 6, pertains to entry-grade credit.  It states that a prospective health profession officer's entry grade and rank within grade 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 (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry-grade credit and qualifying periods of less than 1 full year shall be proportionately credited to the nearest day, except where noted otherwise.  Credit shall be awarded in accordance with this instruction.

11.  DOD Instruction 6000.13, paragraph 6.1.2.2.2, specifies that constructive 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 of up to 2 years for a master's degree and up to 4 years for a doctorate degree.

12.  DOD Instruction 6000.13, paragraph 6.1.2.2.3, specifies that 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.  Additional credit in unusual cases based on special education or experience can be granted by the Secretary of a Military Department or designee.  As determined by service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show he enlisted for direct accession as a commissioned officer, was awarded constructive service credit for the master's degree he earned at the University of Colorado, and was initially appointed in the rank/grade of 1LT/O-2 were carefully considered and determined to lack merit.

2.  The applicant's contentions have been noted; however, the evidence shows he voluntarily enlisted and contracted for OCS attendance and the SLRP.  It cannot be determined why a direct appointment was not considered.  Upon successful completion of OCS, he was appropriately appointed as a 2LT/O-1 in the Medical Services branch of the RA with a date of rank and effective date of 24 November 2010.

3.  The Army offers a plethora of enlistment and direct appointment incentives.  Although there is a possibility that the applicant may have qualified to board for a direct commission at the rank/grade of 1LT/O-2 under the provisions of DOD Instruction 6000.13, there is no evidence of the existence of error or injustice in his case.  Additionally, there is no provision to retroactively promote or re-appoint officers to a higher grade after they have taken their initial appointment based solely on their unawareness of all of their options at the time of their initial enlistment.

4.  Based on the evidence provided at the time of the applicant's appointment, he was appointed in the appropriate rank/grade with the correct date of rank and effective date and 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 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)                                         AR20110014072



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ABCMR Record of Proceedings (cont)                                         AR20110014072



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