IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20130002987 


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 his military records to show he was granted an additional year of constructive service credit (CSC).  He also requests removal of an erroneous entry in the Remarks block of his DA Form 5074-1 (Record of Award of Entry Grade Credit (Health Services Officers)).

2.  The applicant states he should have received an additional year of CSC based on the criteria shown in Table 3-5 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  Table 3-5 clearly states that 1 year of CSC may be granted only when the highest degree attained is the baccalaureate level and attainment of certification by the American Society of Clinical Pathology (ASCP).  He argues that he met the criteria.  He further contends that his DA Form 5074-1 contains an administrative error regarding his being awarded a Certificate in Health Science Lab Technology on 18 May 2003 from the George Washington University, Washington, DC.  He contends that he never attended or transferred credits to George Washington University toward any degree or certificate.  Lastly, he questions whether his post baccalaureate course taken prior to his commissioning should be calculated as part of his CSC.

3.  The applicant provides:

* Army Regulation 135-101, pages 17, 19, and 23, dated 15 February 1984
* Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army), page 4, dated 21 November 2006
* Transcript, Bachelor of Science, Clinical Laboratory Science, Idaho State University, dated 3 August 2007
* DA Form 5074-1, dated 28 October 2010
* Orders A-12-033141, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 1 December 2010
* DA Form 71 (Oath of Office - Military Personnel), dated 26 January 2011
* Certificate of Certification from the American Society for Clinical Pathology for the period January 2008 to February 2011
* Transcript, Master of Business Administration, conferred June 2011, Idaho State University, dated 12 October 2011

CONSIDERATION OF EVIDENCE:

1.  At the time his application, the applicant was serving in the Regular Army as a first lieutenant, Medical Service Corps (MSC).

2.  A DA Form 5074-1 dated 28 October 2010 shows the applicant attended Idaho State University from 7 January 2004 to 3 August 2007.  He was awarded a Bachelor of Science Degree in Clinical Laboratory Science.

	a.  He received 8 months and 15 days CSC for his professional experience from 1 December 2007 to 30 April 2009.

	b.  The Remarks block contains the entry: "Was awarded a certificate in Health Science Lab Technology on 18 May 2003, from George Washington University, Washington, DC."

	c.  No CSC was granted for advanced education, post baccalaureate education, or prior active commissioned service.

	d.  The form was authenticated by the Human Resources Assistant and the Chief, Human Resources Administrative Team.

3.  Orders A-12-033141, HRC, dated 1 December 2010, ordered the applicant to active duty with a report date of 26 January 2011.

4.  On 26 January 2011, the applicant took his oath of office in the Regular Army as a member of the MSC.

5.  The applicant's transcript from the University of Phoenix, dated 12 October 2011, shows he was awarded a Master of Business Administration (MBA) in June 2011.  It further shows that he had completed approximately 12 business related courses in this course of study prior to his commissioning.
6.  On 11 November 2011, the applicant was promoted to first lieutenant, MSC.

7.  In the processing of this case, an advisory opinion was obtained from the Chief, MSC Branch, Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, Kentucky.  The opinion states the applicant applied to become a clinical laboratory officer (71E).  The 71E consultant to the Office of the Surgeon General (OTSG) reviewed the applicant's curriculum vitae and found him qualified to apply for this area of concentration (AOC).  In accordance with U.S. Army Recruiting (USAREC) Regulation 601-37 (Army Medical Recruiting Program), DA Pamphlet 611-21 (Military Occupational Classification and Structure), and DA Pamphlet 600-4 (Army Medical Department Officer Development and Career Management), the basic qualification requirements to apply for the 71E AOC are a bachelor's degree in medical technology or the biological sciences and certification by either the American Society of Clinical Pathology (ASCP) or the National Certification Agency for Medical Laboratory Personnel (NCALMP) as a medical technologist.  The applicant was boarded and selected in October 2010 as a clinical laboratory officer based on his meeting the basic requirements.  Additionally, he was granted 1/2 day of CSC for each day of his professional work experience from December 2007 to April 2009.  The applicant was not found to warrant an additional year of CSC.  His CSC was correctly calculated.  However, there was an administrative error concerning the remarks block of his DA Form 5074-1.  Accordingly, the comment stating he had been awarded a certificate in Health Lab Technology from the George Washington University should be removed.

8.  On 19 April 2013, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut.  No response was received.

9.  Army Regulation 601-100, page 4, dated 21 November 2006, as provided by the applicant, states that Army medical officers appointed in the Regular Army will have their grades and dates of rank determined in accordance with Army Regulation 135-101.

10.  Army Regulation 135-101, pages 17, 19, and 23, dated 15 February 1984, as provided by the applicant, indicates in Table 3-5 (CSC) that 1 year of CSC may be granted when the highest degree attained is the baccalaureate level.  Table 3-1 allows for successful completion of postgraduate education in specialty in which assigned and credited toward certification, but that credit may not exceed that required for certification in the specialty.  Furthermore, any such credit must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated duty position.

11.  DA Pamphlet 611-21, dated 31 March 1999, states in Table 3-1 (Medical Functional Areas/AOC) for AOC 71E that qualifications require, in addition to meeting the military education level, a bachelor's degree in medical technology or the biological sciences from an accredited program acceptable to the OTSG and completion of an intern program of medical technology, certification by either the ASCP or the NCAMPL, and 1 year experience in clinical laboratory sciences.

12.  DA Pamphlet 600-4, dated 27 June 2007, states the qualifications for AOC 71E include a bachelor's degree and certification as described in the preceding paragraph.

13.  USAREC Regulation 601-37 lists the same basic requirements as described in DA Pamphlets 611-21 and 600-4.

14.  Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs. The Secretaries of the Military Departments shall administer the procedures.  It provides in paragraph:

	a.  6.1. 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, except in cases where the total exceeds the maximum credit allowed.

	b.  6.1.2. Constructive Service Credit provides a person who begins commissioned services after obtaining the additional education, training, or experience required for appointment with a grade and 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.

	c.  6.1.2.2.2. Credit for master’s and doctorate degrees in a health profession other than medicine and dentistry shall be awarded based on actual fulltime equivalent education of up to two years for a master’s degree and up to four years for a doctorate.

	d.  6.1.2.2.5. Credit of one-half year for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification. Accordingly, volunteer, or student status cannot be credited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was granted an additional year of CSC based on his ASCP certification.  He also contends that an erroneous entry in the Remarks block of his DA Form 5074-1should be removed.

2.  The evidence of record clearly shows the applicant was granted CSC in the amount of 1/2 day for each day of his professional work experience from December 2007 to April 2009.

3.  The applicant argues, based on Table 3-5 of Army Regulation 135-101, dated in 1984, that his ASCP certification qualifies him for an additional year of CSC.  However, a review of more recently-published DOD regulations containing guidance about the basic AOC 71E qualifications clearly show that his certification is a basic requirement for entry into this AOC.  As such, the certification does not qualify him for an additional year of CSC.

4.  The applicant questions whether the courses of study for his MBA that he had completed prior to commissioning should be calculated towards CSC.  In the applicant's case, there is no evidence showing that his business administration courses add adjunctive skills to his primary specialty as a clinical laboratory officer.  More importantly, only degrees are creditable toward constructive service credit, not individual courses.  Therefore, they should not be calculated as part of his CSC.

5.  The applicant's contention that he never attended or transferred credits to George Washington University toward any degree or certificate is clearly supported by the available evidence.  Accordingly, the corresponding remark on his DA Form 5074-1 should be deleted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X______  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entire entry in the Remarks block of his DA Form 5074-1.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to granting him an additional year of constructive service credit.



      _______ _   __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.



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ABCMR Record of Proceedings (cont)                                         AR20130002987



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