IN THE CASE OF:	  

		BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130000044 


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).

2.  She states she served continuously in the U.S. Army Reserve (USAR) from 9 December 1991 through 26 September 2008.  After a brief break in service, she reentered the USAR on 1 December 2010 in the Medical Service Corps (MSC) in area of concentration (AOC) 71A (Microbiologist).  She is currently serving as a USAR Troop Program Unit officer.  She states she believes her DOR should reflect all of the time she served as a captain (CPT)/O-3.  She entered the Army as an enlisted pharmacy technician, and was commissioned as an MSC second lieutenant (2LT)/O-1 in AOC 70B (Health Services Administration) on 9 May 1997.  She was promoted to CPT on 25 June 2003 and attended the Human Resources Management Course to receive AOC 70F (Health Services Human Resources).  

3.  She states that during 5 years as a CPT (25 June 2003 through 26 September 2008), she worked very hard as a staff officer and was deployed to Landstuhl Regional Medical Center, Germany, for 15 months in support of Operation Iraqi Freedom working in AOC 70A (Health Care Administration) and 70F.  Her evaluations and awards show she earned respect as a hard-working, knowledgeable senior CPT.  

4.  She states she completed a doctoral degree in microbiology in 2008.  In 2008, she elected to resign her commission for childbirth.  She was honorably discharged on 26 September 2008.  She believes all of her service as a CPT in the MSC should be credited as documented and instructed on her 2010 assignment order.  It now appears she is a junior CPT ineligible to appear before a major/O-4 Army Medical Department promotion board with her peers.  She is concerned that her career will be damaged by having over 7 years as a Captain.  Her current DOR of 3 July 2009 does not qualify her to appear before a MAJ promotion board until Fiscal Year 2014.

5.  She provides:

* memorandum, subject:  Promotion as a Reserve Commissioned Officer of the Army, dated 10 July 2003
* Orders 08-239-00002, issued by Headquarters, U.S. Army Reserve Command (USARC), Fort McPherson, GA, dated 26 August 2008
* Honorable Discharge Certificate, dated 26 September 2008
* appointment memorandum, dated 1 December 2010
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 14 December 2010
* memorandum, subject:  Recommendation for Reserve of the Army Appointment, dated 14 December 2010 
* Orders C-12-018706, issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 29 December 2010
* Orders 11-055-00019, issued by Headquarters, USARC, dated 24 February 2011
* six DA Forms 67-9 (Officer Evaluation Report)
* e-mail correspondence

CONSIDERATION OF EVIDENCE:

1.  On 9 May 1997, following a period of enlisted service, the applicant accepted appointment in the USAR as a second lieutenant in the MSC.  Effective 25 June 2003, she was promoted to CPT.

2.  Orders 08-239-00002 issued by Headquarters, USARC, Fort McPherson, GA, dated 26 August 2008, honorably discharged her from the USAR effective 
26 September 2008.  She was a CPT at the time.

3.  A review of her record shows she held AOC 70B from 2003 to 2008 and served in duty AOCs 70B and 70F.

4.  On 1 December 2010, she accepted an appointment in the USAR as a CPT in AOC 71A.  

5.  A DA Form 5074-1-R, dated 14 December 2010, shows she was granted:

* total constructive credit of 4 years, 9 months, and 10 days (4 years for her doctoral degree in microbiology (during the period 15 August 2004 – 
20 December 2008) and 9 months and 10 days for work experience)
* total prior service credit of 3 years, 7 months, and 18 days 
* total entry grade credit of 8 years, 4 months, and 28 days

6.  The DA Form 5074-1-R shows she qualified for entry grade CPT/O-3.  Seven years of credit was required for the grade, and she had 1 year, 4 months, and 28 days of excess credit.  By subtracting her excess credit from her appointment date, her DOR as an MSC CPT in AOC 71A was established as 3 July 2009.  

7.  Department of Defense Instruction (DODI) 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  It establishes guidelines for calculating a prospective health professions officer's entry-grade and rank within grade based upon the sum of constructive service credit and prior commissioned service credit.

	a.  Paragraph 6.1 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 (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than 1 full year shall be proportionately credited to the nearest day.

	b.  Paragraph 6.1.1 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.

	c.  Paragraph 6.1.1.2 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 officer.

	d.  Paragraph 6.1.2.2.2 states credit for master's 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's degree and up to 4 years for a doctorate.  

	e.  Paragraph 6.1.2.2.5 states credit of one-half year for each year of experience up to a maximum of 3 years of constructive credit may be granted for experience in a health profession if such experience is directly used by the Military Service concerned.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 (Grade Determination) provides the rules and procedures for establishing grade and date of rank upon original appointment and assignment to an AMEDD branch.  Applicants selected for appointment who are awarded 7 or more but less than 14 years of entry-grade credit are appointed in the rank/grade of CPT/O-3.  Authorized credit in excess of the minimum required for appointment to the appropriate grade shown above will be used to adjust the DOR within that grade.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support adjustment of the applicant's DOR.  

2.  On 1 December 2010, she was appointed in the MSC in AOC 71A.  Because she had no military status at the time and did not have prior service in this specialty, this was a new appointment.  In accordance with the governing DODI and regulation, her entry grade credit was calculated based on her education, prior service, and relevant work experience.  

3.  She specifically takes issue with the credit she received for her 11 years, 4 months, and 18 days of prior commissioned service from 9 May 1997 to 26 September 2008.  The record shows she was granted 3 years, 7 months, and 18 days of prior service credit.  

	a.  As a newly appointed officer in AOC 71A, she was eligible to receive one-half day of credit for each day of prior commissioned service.  She could have received as much as 5 years, 8 months, and 9 days of prior service credit, approximately 2 years more than she was granted.  

	b.  DODI 6000.13 states a period of time shall be counted only once when computing entry grade credit.  In this case, it appears the applicant had begun work on her doctoral degree in microbiology during her prior period of commissioned service.  As a result, the official who calculated her entry grade credit would have been unable to credit her with prior service for any period during which she was enrolled in the degree-granting program that eventually qualified her to be appointed in AOC 71A.  This reduction in prior service credit would have been appropriate and would explain why she received less than full one-half day of credit for each day of her prior commissioned service.  

4.  Her DOR was calculated accurately based on the total entry grade credit granted.  

5.  In the absence of evidence showing error in the calculation of her entry grade credit or in the DOR established when she was appointed as a CPT in AOC 71A, there is no basis for granting 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)                                         AR20130000044





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ABCMR Record of Proceedings (cont)                                         AR20130000044



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