IN THE CASE OF:	  

		BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130002493 


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 that he be granted constructive service credit for his Master of Science in Biochemistry.

2.  The applicant states he went Green-to-Gold with the active duty option and within the 2 years allotted, he received his Master of Science in Biochemistry in less than 2 years.  He was expecting the Reserve Officers' Training Corps (ROTC) accession process to have noticed that he had acquired an advanced degree in science and allot him the Area of Concentration (AOC) 71B Biochemist and a slot or grant him constructive service credit.  

3.  He qualified for a 71B slot according to Department of the Army Pamphlet 600-4 (Army Medical Department Officer Development and Career Management).  He was commissioned on 13 May 2010 as a second lieutenant and in AOC 70B Health Administration and did not receive any constructive service credit which he believes he is entitled to.  

4.  He knows a 70B Area of Concentration (AOC) does not require him to have a master’s degree but he did not expect to become a 70B.  Furthermore, he inquired into the matter while attending the basic officer leader course and was informed that 71B AOC was only accepting Ph.Ds when he was clearly qualified.

5.  The applicant provides two pages each from Title 10, U.S. Code and Department of the Army Pamphlet 600-4.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 12 January 2004 for a period of 8 years.  On 10 March 2006, he enlisted in the Regular Army for a period of 6 years and training as a medical laboratory specialist.

2.  On 12 May 2010, he was honorably discharged from the Regular Army to accept an appointment as a commissioned officer.

3.  On 13 May 2010, he was appointed as a USAR Medical Service Corps (MSC) second lieutenant in AOC 70B with a concurrent call to active duty.  He was awarded his Master of Science in Biochemistry on 15 May 2010.  He was promoted to the rank of first lieutenant on 22 November 2011.

4.  In the processing of this case, a staff advisory opinion was obtained from the Human Resources Command (HRC) in Fort Knox, Kentucky which recommends denial of the applicant’s request for constructive service credit because the applicant was commissioned as a 70B Health Services Officer under the Green-to-Gold Active Duty obligation program, with a 3-year total active duty commitment.  HRC officials go on to state that the qualifying degree for AOC 70B is a bachelor’s degree and since an advanced degree is not required, there is no requirement for granting constructive service credit under Tile 10, U.S. Code, section 533.  The advisory opinion was provided to the applicant for comment and he declined to do so.

5.  Title 10, U.S. Code, section 533(a)(1) provides that for the purpose of determining grade and date of rank within grade of a person receiving an original appointment in a commissioned grade in the Regular Army, an officer will be credited at the time of appointment with any active commissioned service he performed in an armed force.  Section 533(f)(2) provides that a Reserve officer not on the Active Duty List at the time of original appointment will be appointed with the same date of rank as the grade or rank that the officer would have held had the officer been serving on the active duty list on the date of appointment as a regular officer.

6.  Title 10, U.S. Code, section 533(b)(1)(A) provides that constructive service credit shall be awarded to an officer receiving an original appointment in the Regular Army for advanced education and training that is a prerequisite for the officer’s appointment; however, section 533(d)(1) provides that an officer may not be credited for advanced education or training obtained while the service member served as a commissioned officer on active duty or in an active status.

7.  Title 10, U.S. Code, section 101(d)(3) defines active status as being a member of a Reserve Component who is not in the inactive National Guard , or on an inactive list, or in the Retired Reserve.  The USAR Control Group (Reinforcement) is an active status category.

8.  Title 10, U.S. Code, section 101(b)(10) provides that an “original appointment” as an officer in a regular or reserve component refers to that member’s most recent appointment in that component that is neither a promotion nor a demotion. 

9.  DoD Directive 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.1.3. provides that commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive credit is awarded, shall be awarded day-to-day credit for service performed.  An officer on active duty or in an active status who completes a program that would qualify for credit under subparagraph 6.1.2.2. in less than the number of years normally required may be given constructive credit by the Secretary of the Military Department concerned.  Constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category.

DISCUSSION AND CONCLUSIONS:

1.  Each case considered by the Board is decided based on the individual merits of the case and the evidence submitted by the applicant as well as the evidence of record.  

2.  The applicable directive provides that constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category.  In the applicant’s case, only a bachelor’s degree was required for his appointment in AOC 70B.

3.  The subject matter experts in this case have opined that the applicant is not entitled to constructive service credit for his master’s degree and there does not appear to be any reason to believe that the office is inconsistent in its recommendations to the Board.

4.  Accordingly, the applicant is not entitled to constructive service credit for his Master of Science in Biochemistry.  

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)                                         AR20130002493





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002493



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1