IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013137 


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:

* Immediate promotion to first lieutenant (1LT) or captain (CPT)
* A determination of her eligibility for the Fiscal Year 2012 (FY12) Edward F. Herbert Health Professions Scholarship

2.  The applicant states:

* The Board should review her time in grade as a junior enlisted Soldier, military records, and education and evaluate whether she should be immediately promoted
* The Board should also consider whether she was eligible at the beginning of the FY for the Edward F. Herbert Health Professions Scholarship
* She completed a Bachelor of Science degree and a Master of Science degree in Psychology and should have been immediately promoted to 1LT or CPT
* She was erroneously informed that she could not apply for the FY12 scholarship at the time and thus missed the deadline because of what her recruiter told her

3.  The applicant provides:

* Email exchange with the Medical Command
* Résumé
* College transcripts
* 2012 and 2011 Statement of Commissioning Army Medical Department (AMEDD) Officer – U.S. Army Reserve (USAR)
* April 2012 and January 2011 DA Forms 71 (Oath of Office – Military Personnel)
* Degree certification statement
* USAR Appointment Orders and memorandum
* Enlisted DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Congratulatory letters
* Certificate for the National Registry of Emergency Medical Technicians
* Noncommissioned Officer Evaluation Reports
* Letters of recommendation
* DA Form 5074-1 (Record of Award of Entry Grade Credit (Health Services Officers))
* DD Form 214, dated 6 November 2011
* DA Form 1059 (Service School Academic Evaluation Report)
* Regimental certificate
* Certificate of completion of the Basic Officer Leader Course (BOLC)
* DA Form 705 (Army Physical Fitness Test Scorecard)

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests:

* The Board evaluate the applicant's records and determine if she should have been awarded the scholarship with back pay
* The Board evaluate the applicant's records to determine her promotion eligibility to 1LT or CPT

2.  Counsel states:

	a.  The applicant was originally appointed on 6 January 2011 but her commission was rescinded because there was an issue with her security clearance.  This issue was resolved on 10 January 2012.  She believed her commission would be reinstated once her clearance issue was resolved because she was given 12 months to correct any discrepancies  

	b.  The recruiting battalion indicated that her 12-month period had lapsed and she was ineligible for reinstatement without re-applying for commission.  She spoke with various officials and she was assured she was still eligible for reappointment.  However, the health recruiting battalion refused to consider her reinstatement without reapplying.  This resulted in a 4-month lapse before she received her commission as a second lieutenant (2LT) on 10 April 2012. 

	c.  Meanwhile, she was informed she was ineligible for the scholarship program.  She again inquired with various officials and she was told she would be eligible upon receipt of her Master of Science degree in Psychology.  She received it in December 2011.  However, the health recruiting battalion refused to process her application.  She was advised to reapply for the FY13 scholarship program.

	d.  The refusal to consider her application led to the loss of a full year's worth educational benefits totaling upwards of $64,000 for the Spring and Summer of 2012 and the Fall of 2013 semesters.  The Board should evaluate her records and determine if she should have been awarded the scholarship with back pay.  The refusal of the recruiting battalion to properly update her records may have also led to the loss of consideration for constructive credit for promotion to either 1LT or CPT.

3.  Counsel did not provide any evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was awarded a Bachelor of Science degree in Psychology – Mental Health Counseling in May 2005.  

2.  She enlisted in the USAR for 6 years on 31 August 2007.  She entered active duty for training (ADT) on 19 September 2007 and she completed the required training for military occupational specialty 42A (Human Resources Specialist).  She was released from ADT on 15 February 2008.  

3.  She served with a troop program unit (TPU) of the USAR, completed various training courses, and she attained the rank/grade of sergeant/E-5.  Meanwhile, beginning in September 2008, she was enrolled at Carlos Albizu University in Miami, FL and on 10 December 2011, she earned a Master of Science degree in Psychology. 

4.  On 10 December 2010, the results of the AMEDD October Selection Board for the USAR were announced.  The applicant was selected and officially approved to be commissioned in area of concentration (AOC) 70B (Health Services Administration).  

5.  On 6 January 2011, she executed a service agreement for entry into the USAR.  She agreed that in connection with her commission in the USAR she was commissioning for the Medical Services (MS) Corps and AOC 70B into a TPU in the rank of 2LT.  Also on 6 January 2011, she executed an oath of office as a Reserve commissioned officer of the Army.  

6.  The complete facts and circumstances regarding her appointment processing are not available for review with this case.  However, it appears due to a background security check, she could not be appointed.  

7.  On 30 March 2012, she submitted a DA Form 61 (Application for Appointment) and on 10 April 2012, she executed an oath of office.

8.  On 9 April 2012, Headquarters, USAR Command, Fort Bragg, NC, published Orders 12-117-00019 honorably discharging her from her enlisted status effective 9 April 2012 for the purpose of accepting an appointment.  

9.  On 10 April 2012, the U.S. Army Human Resources Command (HRC) issued her an appointment memorandum together with orders appointing her as a Reserve commissioned officer of the Army in the rank of 2LT, MS, AOC 70B.

10.  On 2 May 2012, the Director of Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, KY, prepared and submitted a DA Form 5074-1 awarding her zero constructive service credit.  

11.  She entered ADT on 28 August 2012 and successfully attended and completed BOLC at Fort Sam Houston, TX, from 29 August to 6 November 2012. She was honorably released from ADT on 6 November 2012.  

12.  An advisory opinion was obtained on 13 September 2012 in the processing of this case.  An official at the U.S. Army Recruiting Command recommended disapproval of the applicant's request.  He stated:

	a.  The applicant was boarded in October 2010 and commissioned in January 2011.  However, due to a background security check issue, she could not be appointed as an officer and the commission was revoked.  After her security issue was resolved, she was commissioned and appointed on 10 April 2012 in AOC 70B. The qualifying degree for the 70B is a baccalaureate degree.  In accordance with Department of Defense Instruction (DODI) 6000.13, section 6.1.2.2.3 an additional degree must add adjunctive skills to the primary specialty and must contribute directly in the performance in the anticipated position in the military service concerned.  

	b.  The applicant's additional degree does not add adjunctive skills to AOC 70B and no credit can be awarded.  Additionally, section 6.1.1 of the same DODI states constructive credit may be awarded for prior commissioned service (other than as a warrant officer) to recognize previous commissioned service.  No credit is awarded for prior enlisted service.

	c.  As for the Health Professions Scholarship Program (HPSP), she was ineligible to apply due to her academic year group.  The medical recruiting station correctly advised her that she would not be eligible for HPSP until January 2013. Reimbursement of any monies is not valid since she was not eligible to apply.  Additionally, as for her issue of immediate promotion, this should also be denied.

13.  She was provided with a copy of this advisory opinion but she did not submit a rebuttal. 

14.  Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record.  It states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

15.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches, paragraph 3-1 (Entry grade credit for Reserve appointment grade determination), states grade and date of rank upon original appointment 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 will be the sum of constructive service credit and credit for prior active commissioned service.

16.  Army Regulation 135-101, paragraph 3-2 (Determination of entry grade for officers not ordered to active duty), provides 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 points shown in Table ERR (Entry Grade Table).  Table ERR shows, in pertinent part, for entry grade credit of less than 3 years, the entry grade is 2LT; for entry grade credit of 3 years or more but less than 7 years, the entry grade is 1LT, and for entry grade credit of 7 years or more but less than 14 years, the entry grade is CPT. 

17.  DODI 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  


	a.  Section 6.1 (Entry Grade Credit) states 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 credit.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise.

	b.  Section 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.

	c.  Section 6.1.2 (Constructive Service Credit) states constructive service credit 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 a 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.

	d. Section 6.1.2.2.2 provides that 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. 

	e.  Section 6.1.2.2.3 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in an enlisted status in the USAR from 31 August 2007 until 9 April 2012.  She was considered and accepted by the October 2010 

selection board and executed a service agreement as well as an oath of office for appointment in January 2011.  However, due to a background security check issue, she could not be appointed as an officer and the commission was revoked. 

2.  It appears once her security issue was resolved, she was commissioned and appointed on 10 April 2012 in AOC 70B.  The qualifying degree for AOC 70B is a baccalaureate degree.  In accordance with the governing DODI an additional or advanced degree must add adjunctive skills to the primary specialty and must contribute directly in the performance in the anticipated position in the military service concerned.  The applicant's additional degree of a Master of Science in Psychology does not add adjunctive skills to her AOC of 70B (Health Services Administration) and no credit should be awarded.  

3.  The applicant previously served in an enlisted status; she did not serve as a commissioned officer.  The DODI states constructive credit may be awarded for prior commissioned service (other than as a warrant officer) to recognize previous commissioned service.  Since she had no prior commissioned officer service, she did not qualify for any additional constructive service credit for her prior service.  

4.  As for the HPSP, the advisory official stated she was ineligible to apply due to her academic year group and that the medical recruiting station correctly advised her that she would not be eligible for HPSP until January 2013.  Reimbursement of any monies is not valid since she was not eligible to apply. 

5.  Based on the foregoing evidence, the applicant is not entitled to 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 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)                                         AR20120013137





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ABCMR Record of Proceedings (cont)                                         AR20120013137



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