BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120005036 


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, reconsideration of his earlier request to the Board for adjustment to his constructive service credit and second lieutenant (2LT) date of rank (DOR) to 11 October 2007.  

2.  The applicant states prior to his commissioning he worked with a Medical Service Corps (MSC) recruiter beginning in June 2006 to obtain a direct commission as an MSC officer.  After eight months of delay, his recruiter informed him he did not submit his direct commissioning packet and instead advised him to accept a direct commission in the Quartermaster Corps (QMC) of the U.S. Army Reserve (USAR) with the understanding he could later transfer to the MSC in January 2008 with no loss of time in grade.  He claims after being commissioned in the QMC on 11 October 2007, his recruiter informed him he could be commissioned in the MSC based on his age.  He later discovered his age waiver, to be appointed in the MSC, had been approved in June 2007 before he was commissioned.  

3.  The applicant further states he was informed by his chain of command he could not attend the QMC basic course in September 2008 because he was awaiting appointment to the MSC.  He claims he was assigned to an MSC position in the Medical Readiness Training Command (MRTC), San Antonio, Texas, in December 2008, and was appointed in the MSC in April 2009, and received 7 months and 23 days for his prior commissioned officer service and is respectively requesting his DOR be adjusted to 11 October 2007, his original appointment date as a QMC officer as an exception to the constructive service policy contained in Department of Defense Instruction (DODI) 6000.13.  
4.  The applicant provides a two-page self-authored letter and the 6 enclosures identified therein in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100007334, on 27 July 2010.  

2.  During its original review of the case, the Board determined the applicant was not allowed to receive a direct commission in the MSC due to an age issue which only applied to direct commissioning.  After accepting an appointment he was later allowed to be appointed in the MSC and serve in the area of concentration he desired.  The Board found no error related to the constructive service credit he received at the time of his appointment in the MSC.  

3.  The applicant recasts his request as an adjustment to his DOR and argues that the errors made by his recruiter during his commissioning process and his performance of service as a 2LT and 1LT in the QMC and MSC while a QM officer should be credited and his DOR should be adjusted accordingly.  This is a new argument that warrants reconsideration.

4.  During the original review, the Board obtained an advisory opinion from the U.S. Army Recruiting Command (USAREC) Director of Health Services who recommended the applicant’s total constructive service credit remain 
7 months and 23 days with an active duty entry grade of 2LT.  

5.  After serving in an enlisted status in the U.S. Air Force (USAF) and USAF Reserve between 1988 and 2007, the applicant was appointed a 2LT, QM, in the USAR on 11 October 2007.  

6.  On 8 April 2009, the applicant was appointed a 2LT in the USAR, MSC, with 
7 months and 23 days of constructive service credit which established his 2LT DOR as 28 August 2008.  The appointment memorandum confirms an age waiver was approved.  

7.  On 26 January 2010, orders were published promoting the applicant to 1LT effective and with a DOR of 14 February 2010, and on 16 December 2011 orders were published promoting the applicant to captain (CPT) effective and with a DOR of 18 December 2011.  


8.  The applicant provides an Assistant Secretary of Defense Memorandum, dated 24 April 2008, which authorized the Service Surgeon Generals to waive provisions of Department of Defense Instruction (DODI) 6000.13 to waive the provisions of paragraph 6.1.1.2 to allow for day for day credit for service on active duty or in an active status as a commissioned officer in any Uniformed Service not in the corps or professional specialty in which being appointed.  

9.  DODI 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.1.2 provides guidance on granting constructive service credit for prior commissioned service not in the specialty in which being appointed.  It states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his DOR to 11 December 2007 to coincide with his appointment in the MSC has been carefully considered.  However, although the request and argument have been recast, this request is in effect the same request the applicant made that was considered and denied by the Board in Docket Number AR20100007334, on 27 July 2010.  There remains insufficient evidence to support this claim. 

2.  Although there may have been some misinformation provided during the recruiting process, there is no apparently compelling evidence to support a conclusion of error or injustice in the process.  The evidence of record clearly shows the applicant voluntarily elected to be appointed in the QMC of the USAR on 11 December 2007.  He further voluntarily chose to pursue appointment in the MSC which was ultimately granted on 8 April 2009, with 7 months and 23 days of constructive service credit for his prior commissioned officer service.  This equated to one-half day of credit for each day served as provided for in DODI 6000.13, paragraph 6.1.1.2.  The fact the proper amount of constructive service credit was awarded is confirmed the USAREC advisory opinion provided during the first review of the case. 

3.  Absent any evidence that the applicant applied for and was granted a waiver by the Office of The Surgeon General, as outlined in the Assistant Secretary of Defense memorandum provided by the applicant, this letter does not provide a sufficient evidentiary basis to support granting the requested relief.  

4.  In view of the foregoing, there is an insufficient evidentiary basis to support amendment of the original decision in this case, or to grant 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100007334, dated 27 July 2010, and/or to adjust his date of rank.  



      _______ _   _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)                                         AR20120005036



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ABCMR Record of Proceedings (cont)                                         AR20120005036



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