IN THE CASE OF:	  

		BOARD DATE:  7 February 2013

		DOCKET NUMBER:  AR20120009502 


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) for captain (CPT) back to her original DOR to CPT of 1 November 2005.

2.  The applicant states she incurred a reduction in rank from CPT to first lieutenant (1LT) in order to attend the Interservice Physician Assistant Program (IPAP).  She also transferred from the Medical Services Corps (MSC) to the Army Medical Specialist Corps (AMSC) in order to attend this program.  Her constructive credit and DOR were adjusted accordingly.

3.  She was promoted to CPT again while attending the IPAP with a new DOR of 1 December 2007.  She resigned from the IPAP shortly before completing Phase II of the program.  She completed a new DA Form 71 (Oath of Office) in April 2010 for her transfer back to the MSC.  However, her DOR was not adjusted back to her original DOR to CPT.  She further states that the IPAP branch chief at the time indicated she should get her DOR back and that two other officers, which she names, went through a similar situation and indicated they received their original DOR back.

4.  She provides a list of documents she submits in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer on 10 August 2002 in the rank of second lieutenant (2LT).

2.  She was promoted to the rank of CPT in the MSC effective 1 November 2005.

3.  On 3 December 2006, she was appointed as a 1LT in the AMSC based on her constructive credit for prior commissioned service.  She was assigned an active DOR of 6 April 2006.

4.  Orders 233-004, issued by the U.S. Army Human Resources Command (HRC), dated 29 November 2007, show she was promoted to the rank of CPT again, this time in the AMSC with an effective date and DOR of 1 December 2007.

5.  Email transmissions in April 2009 indicate that if the applicant resigned from the IPAP she would be transferred back to the MSC and regain her time in rank as a CPT.

6.  On 20 April 2009, she submitted a letter of resignation from the IPAP.

7.  A DA Form 4187 (Personnel Action), dated 14 June 2009, shows she acknowledged that upon acceptance into the MSC she was required to accept a new appointment which may reduce her rank due to provisions in Department of Defense Instruction (DODI) 6000.13 that outlines a constructive credit formula for officers being appointed into a special branch.  She requested that the Surgeon General waived entry grade credit provisions of DODI 6000.13.  She further indicated if her request to have the entry grade credit provisions of DODI 6000.13 waived were disapproved she still wished to transfer to the MSC, understanding that a constructive credit formula would be applied and she would receive 1/2 credit for any active federal commissioned service she had completed.

8.  A DA Form 5074-1-R (Record of Award of Entry Grade (Health Services Officers)), dated 24 July 2009, shows she qualified for appointment to the MSC in the rank of CPT with award of no constructive credit for the rank of CPT.

9.  On 28 April 2010, she was reappointed in the Regular Army MSC in the rank of CPT.

10.  Orders 169-005, issued by HRC, dated 18 June 2010, show her with an active DOR determination of 1 December 2007 in the MSC.

11.  In connection with the processing of this case, on 13 July 2012, an advisory opinion was obtained from the Chief, Officer Promotions, HRC.  The advisory official stated the applicant's DOR adjustment was the result of her reappointment from the MSC to the AMSC on 28 April 2010.  Her grade determination was the result of her reappointment to the MSC and her DOR was based on the Record of Award of Entry Grade Credit/Constructive Service Credit of current grade held.  The applicant's DOR of 1 December 2007 was the result of a promotion selection board convened in accordance with Title 10, U.S. Code, chapter 36, section 611.

12.  The official stated the applicant was fully aware of this voluntary action as evidenced by Statements of Understanding she signed on 3 December 2006 and the DA Form 4187 signed on 4 May 2009.  When she volunteered to leave the MSC and enter the IPAP, she was reappointed as a 1LT.  This action required her to be re-scrolled and administered a new Oath of Office.  The administration of her new Oath of Office as an MSC officer voided her previous Oath of Office as an MSC officer.  Therefore, her DOR of 1 December 2007 is the official Senate Confirmation date in accordance with Title 10 U.S. Code, Section 624.

13.  Additionally, on 12 September 2012, an advisory opinion was also obtained from the Chief, MSC Branch, Health Services Directorate.  The advisory official states the applicant was initially commissioned as a 2LT on 10 August 2002.  She was promoted to captain on 1 November 2005 in the MSC.  She applied for and was selected for IPAP.  Contingent upon her selection for IPAP, she was appointed to first lieutenant in the AMSC on 6 April 2006 in accordance with DODI 6000.13, section 6.1.1.1 based on the fact she had 39 months of time as an officer.  She was promoted to CPT in the AMSC on 1 December 2007.

14.  The advisory official further stated the applicant was non-academically relieved from the IPAP through voluntary resignation and reappointed into the MSC from the AMSC.  In accordance with DODI 6000.13, section 6.1.1.1, she should have been reduced to 1LT when switching from one corps to another; however, The Surgeon General at the time waived the provisions of
DODI 6000.13 allowing her to retain her current grade of CPT with a date of rank of 1 December 2007.  The advisory official recommended the applicant's DOR as CPT remain unchanged with a DOR of 1 December 2007 as approved by The Surgeon General of the Army.

15.  The advisory opinions were provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She addresses her entry grade for the AMSC and MSC as being considered the same corps.  She further references DODI 6000.13, subsection 6.1.1.1 that 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."  She questions whether this pertains to her situation or not.  She contends if she had known she would not have regained her original DOR to CPT at reinstatement she would have continued with IPAP.  She states the most exasperating thing during all of this is that two of her former colleagues who went through the exact same situation received their original dates of rank upon returning to the MSC.

16.  DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures under DOD Directive 6000.12 (Health Services Operations and Readiness) to carry out medical manpower and personnel programs.

	a.  Paragraph 6.1. (Entry Grade Credit) provides that a prospective health profession 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.  It further states credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.  For entry grade credit, the MSC, the Biomedical Science Corps, and the AMSC are considered as the same corps.  The Secretaries shall establish procedures to ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner.

	b.  Credit shall be awarded as follows:

		(1)  6.1.1.1. - 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.

		(2) 6.1.1.2. - 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 officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an adjustment to her DOR, as she contends the IPAP branch chief told her she would receive upon her transfer from the AMSC back to the MSC, has been carefully considered.  She contends, in effect, that 


she should receive credit for prior commissioned service including that in the 
rank of 1LT while attending the IPAP toward her CPT DOR upon reappointment in the MSC because the MSC and AMSC are considered the same corps for entry grade credit purposes.  

2.  In accordance with DODI 6000.13, section 6.1.1.1, she should have been and she was reduced to 1LT when switching from the MSC to AMSC.  This same policy would normally have applied to her transfer back to the MSC.  However, The Surgeon General waived this requirement in her case.  As such, it appears there was no error or injustice upon her reappointment to the MSC in the rank of Captain with a DOR of 1 December 2007.

3.  She further contends she would have continued with the IPAP if she had known she would not have received her original DOR to CPT of 1 November 2005.  However, she indicated in DA Forms 4187 that she would accept whatever happened regarding her rank and accept a reappointment in the MSC.

4.  Her contentions and questions regarding the usage or computation of entry grade credit in regard to her currently-assigned DOR are noted.  However, the use of such entry grade credit is used only for entry grade and rank within grade credit awarded on original appointment, designation, or assignment as a health professions officer.  She transferred to the AMSC and back to the MSC.  Therefore, her reference to DODI 6000.13, paragraph 6.1.1 does not pertain to her case.  In addition, she was fully aware that her rank (and therefore possibly her DOR) would be changed when she signed the 14 June 2009 DA Form 4187, and she still requested transfer to the MSC.

5.  The AHRC Chief, Promotions Branch and Health Services Directorate Chief, MSC Branch confirm her DOR was assigned in accordance with the governing law and regulation.  A review of DODI 6000.13 confirms this determination.  The fact she may have been misinformed or that miscommunication may have occurred regarding the DOR assignment does not alter the fact her DOR is correct as it currently stands.

6.  She also contends two other officers went through a similar situation and they received their original DOR back.  Whether or not the two colleagues' situation was the same or not, the fact is her DOR appears to be correct.  As such, there is no basis for adjusting her DOR to CPT to any other date.



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)                                         AR20120009502



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ABCMR Record of Proceedings (cont)                                         AR20120009502



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