IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110021657 


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 additional constructive service credit.

2.  The applicant states:

* his constructive service credit underrepresents the scope of relevant experience and education he attained prior to entry in the U.S. Army
* his experience and education were not fully understood because the job titles on his résumé did not convey the appropriate classification to the reviewers awarding constructive service credit
* he was given little information pertaining to his constructive service credit status or the status of his peers upon commissioning
* after attaining his master's degree and doctorate degree (PhD), he proceeded to employment
* his initial employment was as an instructor at Yale University where he had a retirement account, regular salary, health insurance, and employee status
* his next employer was the Massachusetts Institute of Technology (MIT) as both a post-doctoral associate and lecturer
* he received salary, health care, a 403(b) retirement plan, and was vested in the MIT pension plan
* his experience as both a lecturer and post-doctoral associate is highly relevant to his current Army employer
* as a microbiologist at the Walter Reed Army Institute of Research, he writes grants and papers, prepares presentations or meetings, oversees and conducts research, and performs departmental administrative tasks similar to those he performed at MIT, but on a more senior level

*	he now serves as the Deputy Director of the large and growing department

* his career progression in the Army would not have been possible without his experience at MIT
* his MIT employment experience has been credited by the acquisition workforce administration as relevant and applicable to his Defense Acquisition Workforce Improvement Act certification as a Science and Technology Manager

*	this specific accreditation is acknowledged on his Officer Record Brief and related to the skill identifier

* he believes he was awarded constructive service credit compatible with having been in a training position, not employment as academic and research staff
* the inequity arose because the distinction between training and employment was difficult to discern from his résumé
* he was employed continuously between his graduation in June 2004 through December 2008, at which point he entered the Army

3.  The applicant provides:

* self-authored statements
* memorandum from his assignment officer, Headquarters, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 7 October 2011
* DA Form 5074-1-R (Record of Award of Entry-Grade Credit (Health Services Officers))
* résumé
* MIT 401(k) plan statement
* MIT statement of earnings and deductions
* MIT retirement plan documents
* MIT evaluation report and evaluations
* Orders A-12-824692, HRC, St. Louis, MO, dated 4 December 2008



CONSIDERATION OF EVIDENCE:

1.  A DA Form 71 (Oath of Office – Military Personnel) shows the applicant executed an oath of office for appointment in the Regular Army Medical Services Corps in the grade of captain on 2 January 2009.  He completed the Officer Basic Leadership Course on 10 March 2009.

2.  A DA Form 5074-1-R, dated 25 August 2008, shows he received 4 years of constructive service credit for his PhD in ecology and evolutionary biology.

3.  The applicant provides an advisory opinion from his assignment officer at HRC, Fort Knox, dated 7 October 2011.  This opinion states, in effect:

* the applicant provided information that his post-graduate period was a period of employment
* the applicant should receive service credit for his PhD and work experience
* the case should be reviewed by the Health Services Directorate, Headquarters, U.S. Army Recruiting Command (USAREC)

4.  In the processing of this case, an advisory opinion was obtained from the Director, Health Services Directorate, Headquarters, USAREC.  The advisory opinion recommends approval of the applicant's request.  The opinion points out:

* the documentation provided by the applicant verifies his employment with MIT between the dates 1 September 2004 through 31 December 2008
* the applicant's time spent as a paid employee of MIT should have been counted toward constructive service credit in accordance with regulations
* the applicant's total constructive service credit awarded for this period should have reflected 2 years, 1 month, and 30 days

5.  The advisory opinion was furnished to the applicant for his review and possible rebuttal.  The applicant did not respond within the given time frame.

6.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that a prospective health professions 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 (as outlined in the DODI) credit 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.

7.  DODI 6000.13, paragraph 6.2.2.2.5 states that credit of one-half year for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration or certification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for additional constructive service credit was carefully considered and determined to have merit.

2.  It appears an error was made when Army officials calculated his constructive service credit for his professional work experience.

3.  The Director, Health Services Directorate, Headquarters, USAREC, recommends the ABCMR grant the applicant's request for additional constructive service credit.  The advisory opinion states the applicant's employment with MIT for the period 1 September 2004 through 31 December 2008 was verified and this employment equates to 2 years, 1 month, and 30 days of constructive service credit.  That appears to be in accordance with guidance in DODI 6000.13, which states credit of one-half year for each year of experience may be awarded.

4.  Based on the foregoing, it would be appropriate to correct the applicant's records to show he was granted additional constructive service credit for his professional work experience.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 issuing an appropriate document to show he received an additional 2 years, 1 month, and 30 days of constructive service credit under the provisions of paragraph 6.1.2.2.6 of DODI 6000.13, for a total of 6 years, 1 month, and 30 days of constructive credit.



      _______ _ 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)                                         AR20110021657



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ABCMR Record of Proceedings (cont)                                         AR20110021657



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