IN THE CASE OF:	   

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130002496 


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 correction of the constructive service credit (CSC) she received when she was appointed in the Medical Specialist Corps, adjustment of her date of rank (DOR) for captain (CPT)/O-3, and any pay she may be due as a result of these corrections. 

2.  She states she was erroneously reduced to first lieutenant (1LT)/O-2 on 27 November 2010 after she began the Interservice Physician Assistant Program (IPAP).  Her reduction in rank was due to a branch transfer from the Medical Service Corps to the Army Medical Specialist Corps; however, the Department of Defense Instruction (DODI) Number 6000.13, subject:  Medical Manpower and Personnel, states that these are considered the same corps.  Thus, no reduction in rank should have occurred.  She should have received day-for-day credit for her prior commissioned service in the Medical Service Corps, but she received half-day credit, which resulted in her reduction.  This should not have happened.  

3.  She provides:

* two DA Forms 71 (Oath of Office - Military Personnel)
* orders
* memorandum, subject:  Request for Health Professions Officer (HPO) Incentive Pay (IP)
* Army Regulation 601-20 (The Interservice Physician Assistant Training Program)
* DODI 6000.13

CONSIDERATION OF EVIDENCE:

1.  On 8 March 2007, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, issued Orders 67-51-A-598 ordering the applicant to active duty effective upon her acceptance of her appointment in the U.S. Army Reserve with a reporting date of 20 August 2007.  The orders show her basic branch was the Medical Service Corps.  

2. On 11 May 2007, she took the oath of office as a Reserve commissioned officer in the rank/grade of second lieutenant/O-1.  Her record shows she reported for active duty as ordered.  

3.  Effective 22 June 2010, she was promoted to CPT/O-3 in the Medical Service Corps.

4.  On 27 November 2010, she took the oath of office as a Regular Army commissioned officer in the Medical Specialist Corps in the rank/grade of 
1LT/O-2.  

5.  A DA Form 1059, dated 21 May 2012, shows she completed the IPAP.  

6.  Effective 1 December 2012, she was promoted to CPT/O-3 in the Medical Specialist Corps.

7.  She provides, in part:

	a.  Army Regulation 601-20 in which she has highlighted lines on pages 13 and 14 stating commissioned officers [attending the IPAP] will be conditionally reappointed as Medical Specialist Corps officers prior to the start of the program.  While attending training, commissioned officers will wear the rank as determined by their individual constructive service credit calculated in accordance with DODI 6000.13, paragraph 6.1.1.2, and policy established by the Office of the Surgeon General (OTSG).

	b. DODI 6000.13 in which she has highlighted lines in paragraphs 6.1.1, 6.1.1.1, and 6.1.1.2.  

		(1) Paragraph 6.1.1 states, "Credit for prior service as a commissioned 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 Medical Service Corps (MSC), the Biomedical Sciences Corps (BSC), and the Army Medical Specialist Corps (AMSC) are considered as the same Corps."  

		(2) Paragraph 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 an appointment.

		(3) Paragraph 6.1.1.2 states, "Service on active duty or in an active status as a commissioned officer in any of the Uniformed Service, 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."

8.  On 14 January 2014, during the processing of this case, the IPAP Manager, Headquarters, U.S. Army Recruiting Command, provided an advisory opinion.  The advisory official stated that, after careful review of the applicant's records, it was the opinion of his office that she was properly given half-day service credit for her prior active commissioned service.  He recommended no adjustment to her entry grade credit.

	a.  The advisory official states the interpretation of DODI 6000.13, paragraph 6.1.1, has been discussed numerous times with the OTSG.  The corps being referenced are the Navy Medical Service Corps, Air Force Biomedical Science Corps, and Army Medical Specialist Corps.  

	b.  According to the applicant's records, she was not a member of the Navy Medical Service Corps, but was a member of the Army Medical Service Corps, which did not qualify her for day-for-day credit, but did qualify her for half-day credit for her prior commissioned service.  She had served from 11 May 2007 through 27 November 2010 (her IPAP start date).  Half-day credit for this service was calculated as 1 year, 9 months, and 8 days, which is what her DA Form 5074-R (Record of Award of Entry Grade Credit) reflects.  She was qualified for the grade of 1LT/O-2 on 27 November 2010 with 3 months and 8 days of credit in excess of that required for the grade.

9.  On 15 January 2014, the applicant responded to the advisory opinion.  She states the advisory official quoted the correct paragraph with regard to her request.  She asserts again that she was a member of the Medical Service Corps and nowhere in DODI 6000.13 is it stated or implied that the paragraph only refers to the Navy Medical Service Corps, Air Force Biomedical Services Corps, or Army Medical Specialist Corps.  She states any reasonable Soldier would infer the same unambiguous conclusion as her and would in no way deduce from the plainly-stated wording that "day for day credit" only applies to the Navy Medical Service Corps excluding the Army Medical Service Corps.  If a new interpretation or new guidance is to be implemented by the OTSG, she should be granted prior commissioned entry-grade credit based on the current instructions, and the new rules should not become effective until a new version of DODI 6000.13 is implemented.  The lack of clarity in the regulation should not result in her penalization via loss of rank and financial strains.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request to be awarded day-for-day credit for the commissioned service she completed in the Medical Service Corps prior to being appointed in the Medical Specialist Corps.  

2.  The applicant relies on a narrow reading of DODI 6000.13, paragraph 6.1.1, to substantiate her claim.  This narrow reading is, at best, flawed.  DODI 6000.13 references the comparable corps of the three major service branches.  The absence of the word "Navy" modifying "Medical Service Corps" should not be taken as evidence that term is meant to include members of the Army's Medical Service Corps among those eligible to receive credit for prior commissioned service on a day-for-day basis.

3.  DODI 6000.13 clearly states credit is awarded to recognize prior commissioned service while also recognizing the level of professional knowledge, skill, and experience required at specific rank levels for each health profession.  An officer who enters the IPAP to become a healthcare provider should not receive the same credit recognizing professional knowledge, skill, and experience as an officer who has actually performed commissioned service as a healthcare provider.  Accordingly, commissioned service that was not performed in the corps or professional specialty in which being appointed is credited at one-half day of credit for each day served.  The advisory official confirms that the applicant was given the appropriate credit when she was appointed in the Medical Specialist Corps.  

4.  The advisory official states the OTSG has confirmed that in DODI 6000.13, paragraph 6.1.1, "Medical Service Corps" refers to the Navy Medical Service Corps.  There is no evidence of error in the OTSG's interpretation.  Therefore, 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)                                         AR20130002496





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ABCMR Record of Proceedings (cont)                                         AR20130002496



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