IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140021215 


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 additional constructive service credit to ratify his rank as captain (CPT).

2.  The applicant states:

	a.  He was promoted in the U.S. Army Reserve (USAR) to CPT on 13 March 2013 as a Medical Service (MS) Corps officer.  He was then appointed as a MS Corps officer on 1 May 2013.  However, based on his constructive credit he was appointed as a first lieutenant (1LT).

	b.  In Fiscal Year 2014 (FY14) he was screened for a second Army Medical Department (AMEDD) CPT promotion board, but was not pushed through the selection process since he was already promoted to CPT and his effective promotion date was 13 March 2013.  His unit corrected his rank to CPT in the Regional Level Application Software; however, the pay grade shown on his leave and earnings statements reflects 1LT.   His unit has been working with the finance department for back pay and pay correction to reflect CPT.  The finance department states they cannot make the correction unless corrected appointment orders are provided to reflect his entry in the USAR in the rank of CPT.

	c.  His unit has contacted finance stating the original CPT promotion order on 13 March 2013 would suffice as evidence for the correction.  He has filed an inspector general request and contacted his troop program unit branch manager at the U.S. Army Human Resources Command for assistance and they have informed him that his constructive credit is correct but he could request assistance from the Army Board for Correction of Military Records to have his records amended to reflect appointment as a CPT in the USAR.

	d.  It has been his understanding that, with consultation with his unit, his original promotion order to CPT would suffice as the correct rank for appointment in the USAR versus the original constructive credit calculation rank of 1LT.  Furthermore, he believes his recruiter may have made an error and not taken into account his promotion on 13 March 2013 during the application process.

	e.  He also believes the FY14 AMEDD CPT promotion board's decision to disqualify him from his second selection process, as he was previously promoted and thus their decision to provide his unit with the promotion orders effective 13 March 2013 would be correct.  Upon further clarification with his unit regarding whether these were the correct orders, they informed him the orders were correct following their inquiries with promotions branch and the USAR Medical Command.

3.  The applicant provides:

* CPT promotion orders
* DA Form 5074-1-R (Record of Entry Grade Credit (Health Services Officer))
* USAR appointment orders
* USAR appointment letter  

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 61 (Application for Appointment) shows he was awarded his Bachelor of Science in Kinesiology in 2007.

2.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant on 1 June 2007.

3.  He was awarded his Master of Occupational Therapy in 2012.

4.  U.S. Army Human Resources Command Orders B-04-301891, dated 4 April 2013, show he was promoted to CPT in the USAR Control Group (Reinforcement) effective 13 March 2013.

5.  A DA Form 5074-1-R, dated 1 May 2013, shows he:

* received 2 years of constructive service credit for his master's degree for the period 22 June 2009 to 27 March 2012
* received 2 months and 9 days of constructive credit for professional experience for the period 24 October 2012 to 12 March 2013
* received 1 year, 3 months, and 23 days of constructive credit for prior active commissioned service credit for the period 1 June 2007 to 12 March 2013

6.  U.S. Army Human Resources Command Orders C-05-306899, dated 9 May 2013, show he was appointed as a 1LT in the USAR effective 1 May 2013.

7.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Recruiting Command, Fort Knox, KY, dated 10 February 2015.  The advisory official recommends disapproval of the applicant's request and finds he received the appropriate constructive credit and rank.  The advisory official states:

	a.  The applicant's total entry-grade credit is correct at 3 years, 6 months, and 2 days in accordance with Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) and Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).

	b.  DODI 6000.13, section 6.1.2.2.2, states constructive credit is given for education of up to 2 years for a master's degree.  The applicant graduated from Loma Linda University with his Master of Occupational Therapy in 2012.

	c.  DODI 6000.13, section 6.1.2.2.5, states credit of 1/2 year is awarded for each year of experience, up to a maximum of 3 years.  The applicant received a credit of 2 months and 9 days for his civilian experience from 24 October 2012 to 12 March 2013.

	d.  DODI 6000.13, section 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 1/2 day of credit for each day of service.  The applicant served as a USAR officer in the MS Corps from 1 June 2007 to 21 June 2009 and 28 March 2012 to 23 October 2012, he was given prior-service credit of 1 year, 3 months, and 23 days.

	e.  DODI 6000.13, section 6.1, states a period of time shall be counted only once when computing entry-grade credit.  The period of time from 22 June 2009 to 27 March 2012 while the applicant was serving in the USAR and attending school can only be counted one time.

8.  On 11 February 2015, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal.  He did not respond.

9.  Army Regulation 135-101 provides policy for the appointment of Reserve commissioned officers for assignment to AMEDD branches.  Chapter 3 provides that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry-grade credit awarded.  Except as limited by maximum credit limits, entry-grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.

10.  Army Regulation 135-101 states the appointment grade of an individual with entry-grade credit of 7 years or more but less than 14 years is CPT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his constructive credit is incorrect and he should have been appointed as a CPT not a 1LT.

2.  DODI 6000.13 states:

* 2 years of constructive service credit shall be granted for completion of a masters degree
* credit of 1/2 year for each year of work experience, up to a maximum of 3 years
* award 1/2 day of credit for each day served on active duty or in an active status as a commissioned officer
* a period of time shall be counted only once when computing entry-grade credit

3.  The evidence of record shows:

	a.  He graduated with his Master of Occupational Therapy in 2012 and received 2 years of constructive service credit for this degree.

	b.  He received credit of 2 months and 9 days for his civilian experience from 24 October 2012 to 12 March 2013.

	c.  He served as an USAR officer in the MS Corps from 1 June 2007 to 21 June 2009 and 28 March to 23 October 2012.  He was given prior service credit of 1 year, 3 months, and 23 days.

4.  He was appointed as a 1LT in the USAR on 1 May 2013 with a total of 3 years, 6 months, and 2 days of constructive credit (2 years, 2 months, and 9 days for his master's degree and professional work experience and 1 year, 3 months, and 23 days for his prior service credit).  Therefore, in accordance with the governing regulations, 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 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)                                         AR20140021215



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ABCMR Record of Proceedings (cont)                                         AR20140021215



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