IN THE CASE OF:	

		BOARD DATE:	  11 September 2008

		DOCKET NUMBER: AR20080005119


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 states, in effect, that he be awarded entry grade credit (correctly known as constructive credit) and be promoted to the grade of captain (CPT).

2.  The applicant states, in effect, that during the application process for his direct commission in the United States Army Reserve (USAR), the recruiter did not complete or take into account his credit for professional experience.  The applicant states that he is a healthcare information systems executive with more than 20 years of professional experience, 5 years of active duty enlisted service, and 5 years of reserve enlisted service.  

3.  The applicant provides a copy of a college diploma, dated 13 December 1997; and an unsigned and undated copy of a DA Form 5074-1 (Record of Award of Entry Grade Credit, Health Services Officer). 

CONSIDERATION OF EVIDENCE:

1.  On 8 July 2006, the applicant was appointed a reserve commissioned officer in the rank of 2nd Lieutenant (2LT).  Headquarters, U.S. Army Human Resources Command (HRC), St. Louis, Missouri, memorandum, dated 8 July 2006, announced his appointment as a Reserve Commissioned Officer of the Army under Title 10, USC 12201 and 12203.  This memorandum also provides instructions which show the applicant was granted 00 years, 00 months, and 00 days constructive credit for grade determination.

2.  The applicant submitted a copy of his diploma which shows that he graduated from the University of Maryland with a Bachelor of Science degree on 
30 December 1997.

3.  The applicant submitted a copy of his resume in support of his applicant.

4.  The applicant submitted an unsigned and undated DA Form 5074-1 which shows in Part I (Constructive Service Credit), Section A (Credit for Basic Qualifying Degree), Item 9 (Credit Awarded) shows the entry “4.”  Section D (Credit for Professional Experience), Item 20 (Credit Awarded) is “Blank”.  Part III (Computation of Entry Grade and Date of Rank), Item 30 (Grade for which applicant Qualifies) shows the entry, “captain.”

5.  The applicant’s record contains a corrected copy of a DA Form 5074-1 authenticated by the preparing official and the approving official, and dated
21 December 2006.  It shows in Part I, Section A, Item 9 the entry, “00-00-00.” Section D, Item 20 shows the entry, “00-00-00.”  Part III, Item 26 (Total constructive credit) shows the entry, “00-00-00”; Item 27 (Total Prior Service Credit) shows the entry, “00-00-00”; Item 28 (Total Entry Grade) shows the entry, “00-00-00”; and Item 30 (Grade for Which Applicant Qualifies) shows the entry, “2LT/O-1.”

6.  During the processing of this case, an advisory opinion was obtained from the Chief, Medical Service Corps, Health Services Directorate, Headquarters, U.S. Army Recruiting Command [USAREC], Fort Knox, Kentucky.  On 8 April 2008, the USAREC official recommended that the original DA 5074-1-R, constructive credit calculation be upheld and his accession credit status remain as dictated on 12 December 2006, “0 yrs, 0 mos, and 0 days.”  The advisory opinion continued that the applicant was board selected on 19 October 2005 and is seeking constructive credit regarding his prior service and academic achievements.  Constructive credit is only given for prior commissioned service.  Neither academic record nor enlisted service constitutes a re-evaluation.  The AOC (area of concentration), 70D, is an entrance level AOC for the Medical Service Corps and all new accessions that do not have prior commissioned service are equally accessed.  The Department of the Defense Instruction (DODI) 6000-13, dated
13 June 1997, clearly states that the degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned.  The advisory opinion also states that the applicant obtained his Bachelors of Science degree in December 1997.  That is the required degree for commission as a 70D.  It does not require a higher degree.  The advisory opinion concludes by stating that the applicant is also 
asking for constructive credit before he obtained his Bachelor’s degree.  The DODI 6000-13 also states that the creditable experience cannot predate the receipt of licensure, registration, or certification.   

7.  On 9 April 2008, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond to its contents. 

8.  On 14 May 2008, the applicant provided his rebuttal to the advisory opinion rendered in his case. 

9.  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.

10.  DODI 6000.13, paragraph 6.1.2: Constructive Service Credit. This credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education. 

11.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of the Army Medical Department (AMEDD).  Table 3-1 of this regulation, paragraph 6, states that additional credit may be granted in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was not given the proper constructive credit for his prior civilian and military educational and work experiences were not properly evaluated was carefully considered and found to be without merit.

2.  By regulation, authorized constructive 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.  The USAREC advisory opinion confirms that, in accordance with the applicable regulations, the applicant was not entitled to receive additional constructive service credit for his basic qualifying degree and professional experience upon his appointment in the Army.    
3.  It appears the 21 December 2006 DA Form 5074-1-R in the applicant’s official records accurately reflects the constructive service credit and entry grade to which the applicant is entitled based on the law and regulations in effect at the time of the applicant’s appointment.   

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)                                         AR20080005119



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005119



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1