IN THE CASE OF: 

		BOARD DATE:	      29 November 2012

		DOCKET NUMBER:  AR20120003113 


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 correction of his military records by adjusting his date of rank (DOR) for the rank/grade of major (MAJ)/O-4, based on his civilian experience accrued during his break in service.

2.  The applicant states that no credit was given to him for his civilian professional experience accrued between his separation from active duty service and his return to the U.S. Army Reserve, a period of approximately 3 years.  He contends this unfairly affects his time in grade and DOR for promotion purposes, pay, and retirement.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 July 2008
* DA Form 71 (Oath of Office - Military Personnel), dated 13 January 2011
* Memorandum issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, subject:  Appointment as a Reserve Commissioned Officer of the Army, dated 13 January 2011
* DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 21 January 2011
* Memorandum, issued by the U.S. Army Recruiting Command (USAREC), subject:  Recommendation for Reserve of the Army Appointment, dated 25 January 2011
* Orders C-02-102073, issued by HRC, dated 11 February 2011
* Letter detailing the applicant's civilian job description at the University of Vermont, dated 2 June 2011
* Emails between the applicant and USAREC dated between 24 July and
10 August 2011
* Email between the applicant and the Army Medical Department (AMEDD) Professional Management Command, Forest Park, GA, dated 11 August 2011
* Email between the S-1, 405th Combat Support Hospital, West Hartford, CT and the U.S. Army Health Care Recruiting, Wallingford, CT, dated
19 and 22 August 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 2011
* Curriculum Vitae (8 pages of work and academic history)

CONSIDERATION OF EVIDENCE:

1.  On 2 June 1999, the applicant entered the Regular Army as a Medical Corps (MC) officer.  He held specialty 60N (Anesthesiologist).

2.  On 2 June 2005, the applicant was promoted to MAJ/O-4.

3.  On 1 July 2008, the applicant was honorably discharged under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5, due to miscellaneous/general reasons.  He completed 9 years and 1 month of creditable active service during this period.

4.  HRC memorandum, dated 13 January 2011, announced the appointment of the applicant as a Reserve commissioned officer in the rank/grade of MAJ/O-4, as an MC officer in specialty 60N.

5.  A DA Form 5074, dated 21 January 2011, indicates the applicant was credited with the highest grade held of MAJ/O-4.

6.  USAREC memorandum, dated 25 January 2011, states the applicant was recommended for appointment in the MC with approval of waiver conditions for medical and highest grade held.

7.  In the processing of this case, on 21 March 2012, an advisory opinion was obtained from the Health Services Directorate, USAREC.  The advisory official stated:

	a.  The applicant had previously been discharged on 1 July 2008.  At the time he had 3 years and 29 days time in grade as a MAJ/O-4.

	b.  The applicant applied for a USAR commission and he was approved for appointment in the highest grade held, and should have received 3 years and 
29 days credit towards his DOR.

	c.  If entry grade credit had been used instead of highest grade held, the applicant would have received 14 years, 4 months, and 5 days credit.  Phase points for MAJ in the USAR is 14 years.  This means the applicant would have only received 4 months and 5 days towards his DOR.

	d.  It was to the applicant's advantage to give him highest grade held that allowed for adjusting his DOR day for day for the entire 3 years and 29 days he had previously served as a MAJ.

	e.  The advisory official recommended making the applicant's DOR for MAJ 15 December 2007.

8.  On 23 March 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.

9.  On 5 April 2012, the applicant responded stating he was told by his recruiter that he would receive credit for both his previous active duty time plus his professional experience.  He again requested both be included in his DOR calculation.

10.  On 18 August 2012, the applicant submitted another letter wherein he stated if the regulation states he can only receive credit for his active duty time or his civilian time, he would obviously take the former.  However, based on what his recruiter told him and that the regulation does not appear entirely clear regarding DOR calculations, he feels he should be credited with both his active duty time and his civilian experience.

11.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides for a maximum entry grade credit for appointment in the MC of 14 years.  Commissioned officers of any Reserve component of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty under either (a) or (b) below, whichever selection would result in a higher grade or greater promotion service on the date of appointment.


	a.  In the grade currently held if serving in the specialty for which applying; or

	b.  In the highest grade for which they are fully qualify by education and experience, gained after becoming professionally qualified.

12.  Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures under DOD Directive 6000.12 (Health Services Operations and Readiness.)

	a.  Paragraph 6.1.1.1 states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment.

	b.  Paragraph 6.1.2.2.1 states four years of constructive service credit shall be granted for completion of first professional degrees that includes medical (M.D.).

	c.  Paragraph 6.1.2.2.5 states 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.

	d.  Paragraph 6.2.1 states a person granted service credit under this Instruction and placed on the active duty list or the reserve active status list of a Military Service may have an entry grade determined by comparing entry grade credit with the currently established promotion phase points of the Military Service and officer category concerned.  Entry grade credit in excess of the minimum years of entry grade credit required to establish a specific grade (but less than the amount necessary to justify the next higher grade) shall be used to adjust the date in the entry grade.

	e.  Paragraph 6.2.2 states a former Regular or Reserve commissioned officer may, if otherwise qualified, be appointed or reappointed as a Reserve officer.  If so appointed, he or she may be placed on the reserve active status list of a Reserve component of the Army in the grade equivalent to the permanent Regular or Reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status, and credited, with service in grade equal to that held by that person when discharged or separated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected by adjusting his DOR for MAJ/O-4 based on both his previous time in grade as a MAJ and for the civilian experience he accrued during his break in service.

2.  The available evidence shows the applicant served in the Regular Army as a MAJ/O-4 for a period of 3 years and 29 days when he was honorably discharged on 1 July 2008.  He was subsequently reappointed in the USAR in the same specialty he held when previously on active duty.  For his USAR appointment, he was approved for highest grade held vice using entry grade credit that afforded the applicant the most advantage for promotion.  This gave the applicant credit for all of his 3 years and 29 days time in grade as a MAJ.

3.  Had the applicant's DOR been calculated based on entry grade credit, he would have received credit for:

	a.  Experience:  2 years, 6 months, and 12 days divided by 2 = 1 year, 3 months and 6 days;

	b.  Prior commissioned service: 9 years and 1 month;

	c.  Medical school: 4 years, for a total of 14 years, 4 months, and 6 days.  Based on the maximum entry grade credit for entry as a major, this calculation would have resulted in an adjustment to his DOR of only 4 months and 5 days.

4.  There is no provision in the governing regulations that allow for calculating DOR by using both highest grade held and entry grade credit.

5.  The evidence of record clearly shows that the applicant's DOR was determined under the most advantageous method for him.

6.  In view of the foregoing, the applicants request should be denied.

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)                                         AR20120003113



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ABCMR Record of Proceedings (cont)                                         AR20120003113



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