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ARMY | BCMR | CY2015 | 20150009418
Original file (20150009418.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20150009418 


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 her records to show she was appointed in the rank of first lieutenant (1LT)/pay grade O-2 based on constructive credit (i.e., years of service in an active status) for her second bachelor of science (BS) degree and her master's degree.

2.  The applicant states the DA Form 5074-1-R (Record of Award of Entry Grade Credit – Health Services Officers) filed in her military service records does not show she completed a second BS degree (in Biology) and a Master of Public Health (MPH) degree.  She states she forwarded all of her academic information to her recruiter prior to being commissioned; however, only her initial BS degree was recorded and considered.

	a.  She states that Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), Table 3-4 (Credit for Additional Advanced Degrees), provides for additional constructive credit for an advanced degree in Public Health.

	b.  She understands the additional degrees entitled her to be appointed in the rank of 1LT instead of second lieutenant (2LT)/pay grade O-1.

3.  The applicant provides copies of her:

* DA Form 5074-1-R
* appointment letter
* BS diploma (Biology) with college transcripts
* MPH diploma with college transcripts
* email messages

CONSIDERATION OF EVIDENCE:

1.  Her DA Form 61 (Application for Appointment) shows she applied for appointment as a commissioned officer in the U.S. Army Reserve (USAR), Medical Services Corps (MSC), area of concentration (AOC) 70B (Health Services Administrator).  Item 21 (Civilian Education), block c (Name and Location of Each College or University Attended), shows she listed Clayton State University, Morrow, GA, BS Degree (Integrative Studies), with a graduation date of 7 May 2011.  She signed the document on 11 February 2013.

2.  U.S. Army Human Resources Command (HRC), Fort Knox, KY, memorandum, dated 27 August 2013, subject:  Appointment as a Reserve Commissioned Officer of the Army, shows the applicant was appointed as a Reserve commissioned officer in the rank of 2LT, MSC, AOC 70B, in accordance with Army Regulation 135-101.  It states, "If you have been credited with 'years of service in an active status' the number of years, months, and days is shown after D (applies only to Chaplains, Medical personnel, and the Judge Advocate General's Corps)."  The entry after "D" shows "00 years, 00 months, 00 days (as of 11 December 2014)."

3.  Her DA Form 71 (Oath of Office – Military Personnel) shows she executed the oath of office for appointment as a Reserve commissioned officer in grade O-1 (MSC) on 11 December 2014.  At that time she incurred a statutory military service obligation of 8 years.

4.  On 16 December 2014, a human resources assistant and the Director, Health Services Directorate (HSD), U.S. Army Recruiting Command (USAREC), Fort Knox, KY, completed a DA Form 5074-1-R to award entry-grade credit to the applicant.

	a.  Section A (Credit for Basic Qualifying Degree) shows "BS – Integrative Studies, 7 May 2011, Clayton State University, GA (September 2010 through 7 May 2011)" and "Credit Awarded:  00-00-00."

	b.  Section B (Credit for Advanced Education Beyond Basic Qualifying Degree) and Section C (Credit for Post Baccalaureate Education) do not show any entries.

	c.  Part II (Computation of Entry Grade and DOR) shows she was awarded total constructive credit of "00-00-00" and she qualified for appointment in grade "O1/2LT" with a DOR of "11 December 2014."

5.  USAREC memorandum, dated 16 December 2014, subject:  Recommendation for Reserve of the Army Appointment, shows the Director, HSD, confirmed that a selection board of AMEDD officers had reviewed the applicant's application for appointment in the U.S. Army MSC and recommended her for appointment in the USAR (2LT, AOC 70B).  It also shows, "Constructive Service Credit of 00-00-00 is awarded as of 11 December 2014."

6.  In support of her request she provides the following documents.

	a.  A Fort Valley State University diploma and transcripts show the degree of BS in Biology was conferred upon her on 4 May 2013.

	b.  Armstrong Atlantic State University diploma and transcripts show the degree of MPH was conferred upon her on 28 July 2014.  It shows she entered the MPH program in the Summer 2013 term (with 3 transfer credit hours) and completed the program in the Summer 2014 term with a total of 45 credit hours.

	c.  An email message from Sergeant First Class T___ M. H____, Jr., USAREC, dated 2 September 2014, shows he notified the applicant that he had her Clayton State University BS (in Integrative Studies) diploma and transcripts; Fort Valley State University BS (in Biology) degree, but no official transcripts; and Armstrong Atlantic State University official transcripts, but no diploma.  He also informed her that he needed all official transcripts for the curriculum vitae.

	d.  An email message from a human resource assistant, HRC, dated 19 May 2015, shows she was provided a response to the website's Frequently Asked Question:  "I believe that my Constructive Credit is incorrect, what do I do?" and a copy of the response was sent to her career manager.

7.  In connection with the processing of this case, an advisory opinion was obtained from the MSC Program Manager, HSD, USAREC.

	a.  On 7 June 2015, the advisory official stated the DA Form 5074-1-R pertaining to the applicant "is correct at '00-00-00' and no adjustment to her entry grade credit is necessary."

	b.  The advisory official noted the applicant was boarded and selected for commission as a USAR 70B on 24 November 2014.

		(1)  She completed a BS degree in Integrative Studies at Clayton State University on 7 May 2011.  AR 135-101, paragraph 1-11, states the qualifying degree for entry as a 70B, MSC officer is a baccalaureate degree.  Additionally, Army Regulation 135-101, Table 3-1, shows no credit is awarded for the basic qualifying degree for MSC officers.

		(2)  She also completed a BS degree in Biology at Fort Valley State University on 4 May 2013.  Army Regulation 135-101, Table 3-3 (Credit for Qualifying Degree or Discipline), does not list Biology as a degree of discipline.  Thus, no credit is awarded for the BS degree in Biology.

		(3)  She completed an MPH degree at Armstrong Atlantic State University on 28 July 2014.  According to Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), section 6.1.2.2.3, "additional degrees must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned."  The advisory official stated that the applicant's "Master's Degree in Public Health does not add adjunctive skills to her primary specialty of 70B, Health Services Administration Officer."

	c.  The advisory official concluded that the applicant's "entry grade as 2LT with a DOR of 11 December 2014 is accurate."

8.  On 10 July 2015, the applicant was provided a copy of the USAREC HSD advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.

9.  On 15 July 2015, the applicant provided comments to the advisory opinion.

	a.  She stated Army Regulation 135-101, Table 3-1, addresses additional advanced degrees relating to MSC officers and shows "credit is awarded based on full-time equivalent education up to 24 months for a master's degree."

	b.  She rejects the advisory official's conclusion that her "Master's Degree in Public Health does not add adjunctive skills to her primary specialty of 70B, Health Services Administration Officer."  She adds that professionals in her field are in the best position to evaluate the value of her graduate training and curriculum as it relates to her primary role.

	c.  She provides a printout from the Armstrong State University website pertaining to the MPH program.  It shows, in part, "The purpose of the MPH degree is to provide students with mastery of theory, knowledge, and skills in areas of public and community health.  The program prepares students with a broad foundation in all five core area of public health, health behavior and education, health services administration, epidemiology, biostatistics, and environmental health sciences."

	d.  She notes that Army Regulation 135-101, Table 3-4, shows an advanced degree in Public Health may qualify for additional constructive credit, along with other specialties as approved by the Secretary of the Army or designees on a case-by-case basis.

	e.  She points out that DA Form 5074-1-R, Sections B and C, allow for credit beyond the basic qualifying degree and for post baccalaureate education.  The period of time from when her initial packet was submitted until she was selected for commissioning was 1 calendar year.  The additional credentials she achieved during that period were not considered, even though the supporting documentation was provided to the recruiter prior to her commissioning date.  She requests a fair assessment of her credentials.

10.  The online WordNet Dictionary defines –

* adjunct:  Adjective:  relating to something that is added, but is not essential
* adjunctive:  Adjective:  joining; forming an adjunct
* 
* 
11.  Department of Defense Directive 6000.12 (Health Services Operations and Readiness) and DODI 6000.13 (Medical Manpower and Personnel) prescribes policy and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.  DODI 6000.13, paragraph 6.1.2, shows constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession with a grade and DOR 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.  Periods of time spent on active duty or in an active status as a commissioned officer may not be counted when computing constructive service credit.

12.  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), paragraph 3-2 (Determination of entry grade for officers not ordered to active duty), Table ERR, shows the entry grade of an individual with entry grade credit of:

* less than 3 years is 2LT (O-1)
* 3 years or more, but less than 7 years is 1LT (O-2)

13.  The U.S. Army "Go Army" website (http://www.goarmy.com/career-and-jobs) for AMEDD MSC jobs shows AOC 70B, health care administrative assistants, are responsible for ensuring the Army's health care facilities run efficiently.  Job-related duties include:

* plan, coordinate, and monitor the treatment of our patients
* advise unit commanders/staff in medical/nonmedical areas of patient evacuation, treatment, and tracking
* practice preventive medicine, organize administration, train staff, supply equipment, and maintain equipment

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her records should be corrected to show she was granted constructive service credit and appointed in AOC 70B in the rank of 1LT with an appropriate DOR was carefully considered.

2.  Records show the applicant was appointed as a Reserve commissioned officer in the MSC with AOC 70B in the rank of 2LT effective 11 December 2014. She was not granted any constructive credit.

3.  Records also show the following:

* 7 May 2011 – BS (Integrative Studies) degree conferred
* 11 February 2013 – Application for Appointment submitted
* 4 May 2013 – BS (Biology) degree conferred
* 27 August 2013 – memorandum of appointment (i.e., 2LT, MSC, 70B; constructive credit "00 years, 00 months, 00 days, as of 11 December 2014")
* 28 July 2014 – MPH degree conferred
* 11 December 2014 – Oath of Office administered (2LT, MSC)
* 16 December 2014 – DA Form 5074-1-R (sans BS in Biology and MPH)

4.  The evidence of record fails to show a DA Form 5074-1-R was prepared that accurately reflected the civilian education credentials the applicant completed prior to her entry into military service.

	a.  The advisory official noted the applicant was boarded and selected for commission as a USAR 70B on 24 November 2014.

	b.  The DA Form 5074-1-R, dated 16 December 2014, shows her BS in Integrative Studies; it does not include her BS in Biology or MPH.

		(1)  The advisory opinion states the "DA Form 5074-1-R is correct at '00-00-00' and no adjustment to her entry grade credit is necessary."

		(2)  The advisory official concluded the applicant's "entry grade as 2LT with a DOR of 11 December 2014 is accurate."

	c.  Based on the fact that the applicant's DA Form 5074-1-R does not include her BS in Biology or MPH, it cannot be concluded that the form is accurate and/or correct.

5.  The evidence of record shows no credit is awarded for the basic qualifying baccalaureate degree for MSC officers.  Thus, the applicant is not entitled to constructive credit for her BS in Integrative Studies degree.

6.  The evidence of record also shows no credit is awarded unless the degree of discipline is listed in Army Regulation 135-101, Table 3-3 (and indicated with an "X" in the appropriate column).  This table does not list Biology as a degree of discipline.  Thus, the applicant is not entitled to constructive credit for her BS in Biology degree.

7.  The evidence of record shows she completed an MPH degree at Armstrong Atlantic State University on 28 July 2014.  She started in the Summer of 2013 with 3 transfer credit hours and earned 42 additional credit hours.

	a.  The Armstrong State University website pertaining to the MPH program shows, in part, the MPH program prepares students with a broad foundation in all five core area of public health, health behavior and education, health services administration, epidemiology, biostatistics, and environmental health sciences.

	b.  The evidence of record shows additional degrees must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned.

	c.  The applicant was appointed in and is serving in AOC 70B, Health Services Administration, with duties that include advising and training commanders/staff in medical/nonmedical areas of patient evacuation, treatment, and tracking.  Based on the evidence of record, the applicant's additional (master's) degree in Public Health adds adjunctive skills to the primary specialty and contributes directly to performance in her duty position.

	d.  Army Regulation 135-101, Table 3-1, shows credit for additional advanced degrees relating to MSC officers is awarded based on full-time equivalent education up to 24 months for a master's degree.

	e.  Thus, based on the evidence of record, the applicant is entitled to 1 year (12 months) of constructive credit for the advanced MPH degree that she completed prior to entering military service.

	f.  A calculation of the applicant's adjusted 2LT DOR shows the following:

	2014  12  11  effective date of USAR appointment (2LT/O-1)
         - 0001  00  00  constructive credit granted (for 2LT DOR adjustment)
        = 2013  12  11  adjusted 2LT DOR (i.e., 11 December 2013)

	g.  Her military service records should be corrected to show her USAR 2LT DOR as 11 December 2013.

8.  The governing regulation shows the time in service for appointment in the rank of 1LT/O-2 requires 3 years of constructive service credit.  Thus, the applicant is not entitled to correction of her records to show she was appointed in the rank of 1LT (O-2).

9.  Based on the foregoing evidence, it would be appropriate to correct the applicant's records as recommended below.

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:

	a.  correcting her DA Form 5074-1-R, dated 16 December 2014, to show in:

		(1)  Part I, Section B:  "Bachelor of Science – Biology, Fort Valley State University, GA (September 2007 – 4 May 2013)" and "Credit Awarded:  
00-00-00";

		(2)  Part I, Section C:  "Masters – Public Health, Armstrong Atlantic State University, GA (June 2013 – 28 July 2014)" and "Credit Awarded:  01-00-00";

		(3)  Part II, total constructive credit of "01-00-00" in the appropriate items.

	b.  correcting HRC memorandum, dated 27 August 2013, subject:  Appointment as a Reserve Commissioned Officer of the Army, to show appointment as a Reserve commissioned officer in the rank of 2LT, MSC, 70B, in accordance with Army Regulation 135-101, with "D:  01 years, 00 months, 00 days (as of 11 December 2014)";

	c.  correcting USAREC memorandum, dated 16 December 2014, subject:  Recommendation for Reserve of the Army Appointment, to show her appointment in the USAR (2LT, AOC 70B) with "Constructive Service Credit of '01-00-00' is awarded as of 11 December 2014";

	d.  correcting any/all other military service records to reflect the constructive service credit of 1 year, 0 months, and 0 days (i.e., 11 December 2013).

2.  The Board further determined 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 an entry grade of 1LT/pay grade O-2 and any additional 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.

ABCMR Record of Proceedings (cont)                                         AR20150009418



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ABCMR Record of Proceedings (cont)                                         AR20150009418



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