IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130014824 


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 his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)) to show his grade at appointment to be captain (CPT).

2.  The applicant states prior commissioned service not in the medical specialty is credited at one-half year for each year in accordance with Army Regulation 
135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) and the Army National Guard (ARNG), Army Medical Department (AMEDD) Standing Operating Procedures (SOP).  He further states:

* he should have been awarded 1 year and 6 months of constructive credit for his service as a commissioned chief warrant officer two (CW2) from 
27 November 1989 to 7 December 1992 
* Army Regulation 135-101 has not been updated since 15 February 
1984 and the role of physician assistant (PA) has changed significantly since then 
* the maximum constructive credit for PA's is 3 years 
* PA's should be given the same credit as doctors in the Medical Corps (MC)
* MC applicants with more than 6 years of experience are given an additional 3 years, bringing their total to 6 years of constructive credit
* he has 16 years of experience as a licensed PA and he should also be awarded 3 years of additional constructive credit for his experience  

* his total credit for experience should be shown as 6 years on his DA Form
5047-1-R
* his total would then be 8 years and 6 months, which would qualify him for appointment at the rank of CPT 

3.  The applicant provides:

* DA Form 4057-1-R
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* George Washington University Physician Assistant Program Diploma 

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 8 December 1987, he was appointed as a warrant officer one (WO1), Aviation Branch.  He was promoted to CW2 on 31 May 1990.  On 7 December 1992, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).

2.  A DA Form 5074-1-R, dated 10 January 2013, shows the applicant qualified for appointment as a first lieutenant (1LT).  

3.  Part I (Constructive Service Credit) of the applicant's DA Form 5074-1-R shows the following:

* Section A (Credit for Basic Qualifying Degree) - 1 year of credit for the period 1 August 1994 to 30 September 1997
* Section B (Credit for Advanced Education Beyond Basic Qualifying Degree) - "00-00-00"
* Section C (Credit for Post Baccalaureate Education) - "00-00-00"
* Section D (Credit for Professional Experience) - 3 years of credit for the period 1 January 1998 to 11 December 2012 

4.  Part II (Prior Active Commissioned Service Credit) of the DA Form 5074-1-R does not show the applicant had prior active service.

5.  Part III (Computation of Entry Grade and Date of Rank (DOR)) shows that he was awarded a total of 4 years of constructive credit for entry grade of first lieutenant (1LT), 1 year and 6 months was required for the grade, and he had 2 years and 6 months of excess credit.



6.  Orders 177-801, dated 26 June 2013, issued by the Department of Military Affairs, Kentucky Army National Guard (KYARNG) show that the applicant was appointed in the KYARNG at the rank and grade of 1LT/O2, effective 13 June 2013, in the Army Medical Specialist Corps.

7.  In the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  The Chief recommended disapproval of the applicant's request for additional constructive credit for 16 years of experience as a licensed PA and for prior service as a commissioned warrant officer.  The Chief stated with respect to the applicant's prior service as a warrant officer, Department of Defense Instruction (DODI) 6000.13, paragraph 6.1.1, stated credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience.

8.  The Chief further stated there was no constructive credit awarded for a bachelor's degree within the AMEDD.  The DA Form 5074-1-R did denote the potential to award one year for a bachelor's degree in PA studies; however, there was no basis for this award in Army Regulation 135-101 or when comparing this professional training and degree to all other AMEDD appointments.  Therefore, the ARNG did not apply one year of constructive credit for a bachelor's degree when appointing PA's since the qualifying degree to be an officer in the Army was a bachelor’s degree.  There was no requirement to award constructive credit for education for a PA in the AMEDD appointment regulations as PA's do not exist in the regulation.  The applicant was awarded the maximum amount of constructive credit for professional work experience as a PA. 

9.  The applicant did not respond to the advisory opinion.

10.  Army Regulation 135-101 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 AMEDD.  Chapter 3 (Grade Determination) provides the rules and procedures for establishing grade and date 
of rank (DOR) 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.  Applicants selected for appointment who are awarded 4 or more but less than 
7 years of entry-grade credit are appointed in the rank/grade of 1LT/O-2.  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.

11.  Army Regulation 135-101, table 3-1, states (Constructive Service Credit) members of the Medical Service Corps receive one-half year for each year of education or experience up to a maximum of 3 years credit.

12.  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.  
	
	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 6.1.2.2.5 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his DA Form 5074-1-R to reflect his grade as CPT at appointment was carefully considered and it was determined there is insufficient evidence to support his request.  

2.  The applicant claims that his prior commissioned service as a CW2 not in the medical specialty should give him an additional one-half year of constructive credit for each year he was commissioned.  However, DODI 6000.13, paragraph 6.1.1 states credit for prior service is not awarded for service as a commissioned warrant officer.  Therefore, his prior commissioned service as a CW2 cannot be used as constructive credit.
3.  The applicant states MC officers with more than 6 years of experience are awarded an additional 3 years for experience, bringing their total to 6 years of constructive credit.  That does not appear to be true.  DODI 6000.13 says a maximum of 3 years credit for experience may be awarded (no exceptions are noted). 

4.  The applicant's DA Form 5074-1-R shows he was awarded 3 years of constructive credit for professional experience.  He received the maximum constructive credit for experience.  

5.  In the absence of evidence showing error in the calculation of his entry grade credit or in the DOR established when he was appointed as a 1LT, 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)                                         AR20130014824





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ABCMR Record of Proceedings (cont)                                         AR20130014824



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