IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120008964
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 records to show he was appointed in the rank/grade of captain (CPT)/O-3 vice first lieutenant (1LT)/O-2.
2. The applicant states based on the U.S. Army Medical Department Veterinary Corps (AMEDDVC) website, newly-appointed officers usually are appointed in the rank/grade of CPT/O-3 under direct commissioning. He further states he has come across several recently-appointed officers who have been appointed in the rank/grade of CPT/O-3. More recently, he was looking at the Veterinary Corps (VC) website and under the direct commissioning page it states that new officers would be appointed in the rank/grade of CPT/O-3.
3. The applicant provides a screen shot from the AMEDDVC webpage.
CONSIDERATION OF EVIDENCE:
1. The evidence of record shows:
a. he received a Doctorate of Veterinary Medicine from the University of Illinois at Urbana, IL, on 14 May 2006;
b. he was appointed as a 1LT, VC, U.S. Army Reserve (USAR) with an effective date of 17 February 2011 and with a date of rank of 28 October 2006;
c. a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) was completed for the applicant on 3 March 2011. Part III (Computation of Entry Grade and Date of Rank (DOR)), item 26 (Total Constructive Credit), shows the applicant received 5 years, 9 months, and
19 days of constructive credit for his basic qualifying degree and professional experience. Item 35 (DOR) shows 28 October 2006;
d. he completed the AMEDD Reserve Component Basic Officer Leadership Course on or about 5 December 2011; and
e. he is currently assigned to the 994th MC Detachment Food Procurement Team with further attachment to AMEDD Professional Management Command as a Senior Veterinarian.
2. In the processing of this case, an advisory opinion was provided by the Program Manager (PM), Health Services Directorate, U.S. Army Recruiting Command (USAREC), dated 11 October 2012. The PM noted, after a careful review of the applicant's record, his entry rank of 1LT was correct. The PM further stated the website page the applicant referenced in his argument was taken from the active duty portion of the AMEDDVC website and clearly stated that the obligation was for active duty. There is a separate link for the Veterinary Corps Reserve component. All Veterinary Corps officers (active and Reserve) receive constructive credit in accordance with Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel). Per Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 3-2a provides the phase points for entry grade credit for Reserve officers. For Reserve Veterinary Corps officers the phase points for 1LT is 3 years or more, but less than 7 years constructive credit. CPT requires 7 or more years, but less than 14 years of constructive credit. The applicant received 5 years, 9 months, and 19 days of constructive credit, which authorized him to be commissioned as a 1LT.
3. On 15 October 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. He did not respond.
4. Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches. It states the grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.
5. DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs. Constructive service credit provides an officer 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been appointed as a CPT vice 1LT was carefully considered.
2. The evidence of record shows he accepted a commission in the USAR-VC as a 1LT on 17 February 2011. He was awarded constructive credit for his professional work experience or education which resulted in a DOR of 28 October 2006.
3. An advisory opinion provided by the PM, Health Services Directorate, USAREC also states the applicant's appointment rank is correct. The applicant apparently incorrectly referenced materials from the active duty portion of the AMEDDVC website instead of the Reserve Component site, which may have led to the applicant's confusion. Absent evidence to the contrary, it is determined he was properly accessed into the USAR-VC as a 1LT.
4. In view of the foregoing, his 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) AR20120008964
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008964
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011125
During the original deliberations in this case the evidence of record and advisory opinion from the Active Duty Nurse Program Manager, USAREC, confirmed the applicant realized the benefit of constructive service credit for her qualifying (masters) degree by being granted 2 years of service in an active status when she was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank/grade of first lieutenant (1LT)/O-2 and, based upon receiving said credit, she was promoted to...
ARMY | BCMR | CY2010 | 20100010537
The applicant requests correction of her records to show she was awarded 17 years of constructive service credit (CSC). Although the advisory opinion credits the applicant with 1 year and 8 months of CSC for her professional experience, this credit is based on the date she received her DVM (May 1998). The evidence of record shows she was granted 4 years of CSC for her DVM, which was the maximum credit authorized for her degree.
ARMY | BCMR | CY2002 | 2002074559C070403
It indicates that the applicant is entitled to an additional 4 years and 5 days of constructive credit based on his prior commissioned service between 1988 and 1996. The USAREC opinion finally includes a recommendation that the applicant receive a total of 5 years, 9 months, and 7 days of constructive credit instead of the 1 year, 9 months, and 23 days he was previously awarded by his 29 May 1998 appointment memorandum. It also authorizes an entry grade of 1LT, which requires 3 years of...
ARMY | BCMR | CY2012 | 20120014975
The applicant states: * her original DOR to the rank of captain (CPT) was 1 May 2005 * she was selected for the Funded Nurse Education Program (FNEP) and began the program on 10 December 2007 * as a condition of the program, she transferred branches to the Army Nurse Corps (ANC) after she received her nursing degree on 30 August 2009 * her DOR was then recalculated * before her DOR was adjusted, she was selected for promotion to the rank of major (MAJ) * after the U.S. Army Human Resources...
ARMY | BCMR | CY2013 | 20130017948
The memorandum for this appointment shows in paragraph 4 that 2 years, 2 months, and 12 days of constructive service credit was granted according to Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches). The memorandum for this appointment shows in paragraph 4 that 4 years of constructive service credit had been granted according to Army Regulation 135-101. Additionally, the active duty orders show that the date of...
ARMY | BCMR | CY2013 | 20130002300
The applicant requests additional constructive service credit for a master's degree to ratify her rank as captain (CPT). The advisory opinion states she qualifies for 2 years of constructive credit for her master's degree that was not annotated on her constructive credit form and the total constructive credit awarded meets the active duty phase line for the rank of CPT. Therefore, her military records should be corrected to show she received a total of 2 years of constructive service...
ARMY | BCMR | CY2014 | 20140003956
He states, in effect, that credit for professional experience should have been calculated using the period 25 May 2006 (the date he was licensed as a pharmacist) to 8 November 2012 (the date he was commissioned). The memorandum further shows: * his scroll approval date (the date the Secretary of Defense approved his appointment as a Reserve commissioned officer) was 15 February 2012 * he was to be credited with 6 years, 10 months, and 17 days of service in an active status as of the date he...
ARMY | BCMR | CY2010 | 20100017662
For individuals with more than 7 years but less than 14 years grade credit, the entry grade would be CPT. The evidence of records shows the applicant was accepted for commissioning and executed an oath of office in the USAR in the rank of CPT. However, by law and regulation, the grade and DOR upon original appointment and assignment to an AMEDD branch is determined by the number of years of entry grade credit awarded.
ARMY | BCMR | CY2006 | 20060015103
(As a result, the Regional Personnel Actions Division, Army Reserve Personnel Command, St. Louis, Missouri, indicated that it had administratively corrected the applicant's records to show 3 years of constructive service credit; however, in doing so, actually only credited the applicant with 2 years and 364 days of constructive credit (i.e., 14 January 1981), not 3 years of constructive credit (i.e., 13 January 1981).) On 22 January 2004, the USAR ANC PM provided an advisory opinion...
ARMY | BCMR | CY2012 | 20120002068
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. 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...