IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120016055 


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 her date of rank (DOR) for captain be adjusted.

2.  The applicant states:

	a.  her Army career began with the Health Professions Scholarship Program (HPSP) in 2004.  She served a total of 3 years in the U.S. Army Reserve (USAR) while completing her education, after which she began her HPSP active duty service obligation.  Upon graduation from civilian school, the rank of captain should have been attained, as referenced by the active duty oath of office taken on 10 June 2007, with constructive credit for time spent in the USAR while completing her professional education.   After graduation, the first available Army Medical Department (AMEDD) Officer Basic Course (OBC) began on 5 August 2007. 

	b.  errors were made when assigning her permanent DOR.  Her assigned permanent DOR is currently 2 November 2006.  The DOR should be when the rank of captain was obtained, to include constructive credit earned while attending professional education through HPSP.  An active duty oath of office was administered on 10 June 2007 upon graduation from professional school.  According to her active duty orders, constructive credit of 10 months should have been applied.  However, only 9 months of credit was applied.  Upon realizing this, she contacted the U.S. Army Human Resources Command (HRC) and her DOR was changed to 2 October 2006.  However, her permanent DOR did not change.  When she contacted HRC a second time, she was told her original active duty orders were incorrect and that her constructive credit should have been 9 months but the orders were never corrected.

	c.  at that time she realized that not only had her DOR not been based on her active duty oath of office but rather on her report date to the AMEDD OBC.  When she referenced the orders to attend the AMEDD OBC, which was the first available course after completion of her professional degree, she noticed that early reporting was not authorized and that no active duty oath of office was given upon her arrival.  However, her OBC classmates and she had all been assigned different permanent DORs.  Some of her OBC classmates, with whom she attended the same professional school and entered into the Army through the same HPSP contract, without any prior service, had a different permanent DOR.  This is unfair.	

3.  The applicant provides:

* Officer Record Brief (ORB)
* Promotion orders, dated 5 December 2007
* Amendment orders
* Active duty orders
* DA Form 71 (Oath of Office)
* Email correspondence (17 pages)

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant in the USAR on 14 April 2004.

2.  On 10 June 2007, she was appointed as a captain in the Regular Army (RA), Medical Service Corps.

3.  Her DA Form 61 (Application for Appointment) shows she was awarded her optometry degree on 15 June 2007.

4.  Her DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) is not available.

5.  Orders, dated 17 July 2007, show she was ordered to attend the AMEDD OBC for approximately 8 weeks with a reporting date of 5 August 2007.  These orders also state early reporting to OBC is not authorized.  

6.  Orders, dated 17 July 2007, show she was ordered to active duty to fulfill her active Army requirement of 3 years with a report date of 30 September 2007.  These orders state her DOR is to be adjusted based on constructive credit of 
4 years and phase points of 3 years and 2 months. 

7.  Orders, dated 5 December 2007, determined her active DOR was 
2 November 2006.  These orders were amended on 4 October 2011 to show her DOR for captain as 2 October 2006 (this date was calculated based on phase points of 3 years and 2 months).  

8.  Her ORB shows her:

* DOR as 2 November 2006
* basic active service date (BASD) is 2 August 2007  

9.  She provided email correspondence from an HRC official which indicates the reason why her active duty orders showed phase points as 3 years and 
2 months instead of 3 years and 3 months is "many times forms are preloaded before the final phase points are released for a fiscal year" and because "orders can have errors."

10.  In the processing of this case, an advisory opinion was obtained from the Chief, Medical Service Corps Branch, Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, KY, dated 18 October 2012.  The advisory official states:

	a.  the applicant was initially commissioned on 10 June 2007 after completing a three-year Optometry Doctoral program as a Health Professions Scholarship recipient.  In accordance with Section 6.1.2.2.1 of Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), four years constructive credit was given to the applicant.  A period of time may only be counted once for entry grade credit.  In a student status under HPSP, an individual cannot receive double credit for military service while obtaining the qualifying degree.

	b.  the applicant came on active duty on 5 August 2007 (it appears either this date should be 2 August 2007 or her ORB shows an incorrect BASD).  The phase points for promotion to captain during the time she accessed and was commissioned was 3 years, 3 months, and 0 days.  She was given 9 months for the difference between her constructive credit (48 months) and the phase points (39 months) for that year.  Taking that into account, her DOR should have been adjusted to 5 November 2006 (again, it appears either this date should be 
2 November 2006 or her ORB is incorrect), not 2 October 2006.
11.  On 19 October 2012, the advisory opinion was furnished to the applicant for her review and possible rebuttal.  She did not respond within the given time frame.

12.  DODI 6000.13, paragraph 6.1.2.2.1, states 4 years of constructive service credit shall be granted for completion of first professional degrees that include medical, osteopathy, DDS or dental medicine, optometry, podiatry, veterinary, and pharmacy.

13.  The Fiscal Year (FY) 2007 Promotion Phase-in Points for Entry Grade Determination for a captain in the Medical Service is 3 years and 3 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DOR (2 November 2006) is incorrect.

2.  DODI 6000.13 states 4 years of constructive service credit shall be granted for completion of an optometry degree.

3.  The FY 2007 Promotion Phase-in Points for Entry Grade Determination for a captain in the Medical Service Corps is 3 years and 3 months.

4.  Evidence shows she was appointed as a captain in the RA Medical Service Corps on 10 June 2007 and she was given 4 years of constructive credit.  She entered active duty on 2 (or 5) August 2007 and her DOR was adjusted to 
2 November 2006.  

5.  In October 2011, her DOR for captain was adjusted from 2 November 2006 to 2 October 2006 because she was given 10 months for the difference between her constructive credit (48 months) and the phase points (3 years and 
2 months/38 months) shown on her active duty orders.  

6.  The advisory opinion points out the phase points for promotion to captain was 3 years and 3 months when she accessed and was commissioned.  As a result, she should have been given 9 months for the difference between her constructive credit (48 months) and the phase points (3 years and 3 months/39 months) for that year.  Therefore, her DOR of 2 November 2006 is correct.  The amendment orders, dated 4 October 2011, appear to be in error.  

7.  Although she contends fellow classmates received earlier DORs, without knowing the histories of these classmates it cannot be determined if their situations were exactly like her situation.

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)                                         AR20120016055





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016055



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1