IN THE CASE OF:	

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120002068 


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 adjustment of her date of rank (DOR) based on constructive service credit (CSC) awarded to her on a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)), dated            23 September 2005.

2.  The applicant states her DA Form 5074-1-R shows her initial appointment rank as first lieutenant (1LT) based on CSC, but she was initially appointed as a second lieutenant (2LT).

3.  The applicant provides:  

* National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board), dated 8 August 2001
* Orders 227-171, Headquarters, Tennessee Army National Guard (TNARNG), Nashville, TN, dated 15 August 2001
* Orders 259-071, Headquarters, TNARNG, dated 16 September 2003
* Special Orders Number 258 AR, NGB, dated 9 October 2003
* DA Form 5074-1-R, dated 27 July 2005
* NGB Form 337 (Oaths of Office), dated 14 September 2005
* U.S. Army Recruiting Command (USAREC) Form 1166-R-E (Selected Reserve Recruitment Bonus Program Contract), dated 14 September 2005
* DA Form 5074-1-R, dated 23 September 2005
* Orders 341-216, Joint Force Headquarters (JFHQ), Tennessee National Guard (TNNG), dated 7 December 2005
* Orders 036-854, JFHQ, TNNG, dated 5 February 2008
* DA Form 3575 (Certificate of Acknowledgement and Understanding         of Service Requirements for Individuals Applying for Appointment in       the USAR under the Provisions of AR 135-100, or AR 135-101, as Applicable – Individuals Without a Statutory Service Obligation), dated       4 January 2011
* Orders 024-804, JFHQ, TNNG, dated 23 January 2011
* Special Orders Number 44 AR, NGB, dated 6 February 2012

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant had previous enlisted service in the Regular Army from           12 March 1986 until she was honorably released from active duty on 11 March 1990.  She was honorably discharged from the U.S. Army Reserve on 29 March 1994.

3.  On 16 December 1996, she was awarded a Bachelor of Science degree from Austin Peay State University, Clarksville, TN.  Her transcripts show her major field of study as biology.

4.  On 15 August 2000, she was awarded a Master of Science in Medicine degree from Trevecca Nazarene University, Nashville, TN.  Her transcripts show her major field of study as "physician assistant."

5.  Orders 227-171, Headquarters, TNARNG, dated 15 August 2001, appointed her as a commissioned officer in the TNARNG in the rank/grade of 2LT/O-1, effective 8 August 2001, in the Army Medical Specialist (SP) Corps.   

6.  Orders 259-071, Headquarters, TNARNG, dated 16 September 2003, promoted her to the rank/grade of 1LT/O-2, effective 16 September 2003.  

7.  On 9 October 2003, NGB published her promotion memorandum that promoted her as a Reserve Commissioned Officer of the Army, to the rank/grade of 1LT/O-2, effective 16 September 2003.

8.  Special Orders Number 258 AR, NGB, dated 9 October 2003, extended her Federal recognition of her promotion to 1LT, effective 16 September 2003. 

9.  On 27 September 2005, a DA Form 5074-1-R was prepared.  Item 28 (Total Entry Grade Credit) of this form contains the entry "see #30."  Item 30 (Grade for Which Credit Qualifies) of this form contains the entry "1LT/CGH (Current Grade Held)."  Item 35 (Date of Rank) of this form contains a hand-written corrected entry, 16 September 2003," which coincides with the DOR to 1LT specified in her promotion orders, memorandum, and Federal recognition orders.

10.  Orders 018-241, JFHQ, TNNG, dated 18 January 2006, promoted her to the rank/grade of captain (CPT)/O-3, effective 30 March 2006.

11.  On 5 April 2006, NGB published her promotion memorandum that promoted her as a Reserve Commissioned Officer of the Army, to the rank/grade of CPT/O-3, effective 30 March 2006.

12.  Special Orders Number 89 AR, NGB, dated 5 April 2006, extended her Federal recognition of her promotion to CPT, effective 30 March 2006. 

13.  Orders 292-803, JFHQ, TNNG, dated 19 October 2011, promoted her to the rank/grade of major (MAJ)/O-4, effective 15 September 2011.

14.  On 6 February 2012, NBG published her promotion memorandum that promoted her as a Reserve Commissioned Officer of the Army, to the rank/grade of MAJ/O-4, effective 24 January 2012.

15.  Special Orders Number 44 AR, NGB, dated 6 February 2012, extended her Federal recognition of her promotion to MAJ, effective 24 January 2012. 

16.  On 14 March 2012, in the processing of this case, an advisory opinion was obtained from the Program Manager, SP/DC Branch, Health Services Directorate, USAREC, who opined the applicant had received the appropriate CSC and rank upon her appointment.  This official further stated:

* in August 2001, CSC would not have been awarded for education because her Master of Science degree was the basic qualifying degree which made her eligible to enter the TNARNG as a physician assistant
* at the time of her original appointment in August 2001, the SP Corps policy for CSC followed the guidelines as outlined in Army Regulation  135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches)
* per Table 3-1 of Army Regulation 135-101, CSC was not given for basic qualifying degrees unless it was a degree achieved in a specific field
* credit was only given for additional advanced degrees that added adjunctive skills to the primary specialty
* the applicant was appropriately accessed in the TNARNG as a 2LT in the SP Corps
* when the applicant's DA Form 5074-1-R was completed in July 2005, she was appropriately boarded in her current rank/grade of 1LT/O-2
* USAREC Health Services Directorate only calculates the rank based upon the current grade held for currently serving officers boarded in the same corps

17.  On 23 March 2012, she was furnished with a copy of the advisory opinion; however, she did not respond with rebuttal comments. 

18.  She provides:

   a. Order 341-216, JFHQ, TNNG, dated 7 December 2005 that amends the standard name line (SNL) of her original appointment order to correct her social security number (SSN).  This order identifies her in the SNL as a 1LT – the grade in which she was serving at the time.  

   b. Orders, DA, and NGB forms that relate to her history of appointments, promotions, and Federal recognition.

19.  Department of Defense Instruction (DODI) 6000.13, 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.  

20.  Paragraph 6.1.2 (CSC) of DODI 6000.13 states CSC 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 DOR comparable to that attained by officers who begins commissioned service after getting a baccalaureate degree and serves for the period of time it would take to obtain the additional education. CSC shall be awarded as follows:

   a. 6.1.2.2.1. Four years of CSC shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.). 

   b. 6.1.2.2.2. Credit for master 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 degree and up to 4 years for a doctorate.  Credit may not include time spent in attainment of baccalaureate or other lower degrees.  No additional credit may be given for more than one advanced degree in a single field, or closely-related field.  The total credit allowed for having both a master and a doctorate degree may not exceed the maximum allowed for a doctorate. 

   c. 6.1.2.2.3. 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.

   d. 6.1.2.2.4. Year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than 1 year in duration.

   e. 6.1.2.2.5. Credit of one-half 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.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.

   f. 6.1.2.2.6. 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.  The amount of credit shall be 1 year for each year of special education or experience.  Maximum credit under subparagraph 6.1.2.2.5 above, must be earned before earning any experience credit under this paragraph.

21.  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, in pertinent part, 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 with less than 3 years grade credit, the entry grade would be a 2LT.  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 DOR within that grade.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DOR should be adjusted, based on CSC awarded to her on a DA Form 5074-1-R, dated 23 September 2005.  She received her qualifying degree in August 2001 and was appointed in the TNARNG in August 2001.  The evidence of record shows she was appointed and accessed in the appropriate rank and grade.  

2.  She contends Orders 341-216, JFHQ, TNNG, dated 7 December 2005, amended her entry rank/grade to that of 1LT/O-2.  This contention is not accurate, as these orders amended only her SSN.  The reference to her as a 1LT in the SNL is accurate, as it identifies her in the grade in which she was serving at the time, but does not reflect the rank/grade in which she should have been appointed and accessed.  

3.  She further contends her DA Form 5074-1-R shows she should have been appointed as a 1LT.  This form attests to her status as of the form's preparation date – in this case September 2005.  It properly identifies 2 years of CSC for commissioned service previously served, and appropriately adjusts her DOR to 16 September 2003.  This date is consistent with the date cited on her promotion instruments.  

4.  In view of the foregoing, there is an insufficient basis to grant 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)                                         AR20080009306



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ABCMR Record of Proceedings (cont)                                         AR20120002068



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