MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            28 January 1999                  
	DOCKET NUMBER:   AC98-07695
	                                   AR1999016518

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Luther Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction to her pay grade and rank.

APPLICANT STATES:  That she was not given constructive credit for education and professional job performance at the time of her appointment.  She further states that she should have been commissioned as a first lieutenant.

EVIDENCE OF RECORD:  The applicant's military records show:

She was appointed in the Reserve, Medical Services Corp (MSC) as a second lieutenant on 27 June 1993, with 14 years of prior enlisted service.  She was not awarded any constructive service credit for education or experience.

She was promoted to first lieutenant on 10 September 1997, with a date of rank of 26 June 1996.

The Chief, MSC, Program Management Branch, expressed the opinion (COPY ATTACHED) that the applicant is not entitled to any additional constructive service credit and no correction to pay grade is required.  The applicant was initially appointed as a MSC officer to participate in an Educational Delay for the Army Veterinary Corps.  At the time of her appointed she had obtained her master’s degree and was placed in the Individual Ready Reserve as an MSC officer, second lieutenant, with no constructive service credit.  Upon failing to complete requirements for her advanced Veterinary degree, she requested and was granted a change in status from OADO to RFD on 9 May 1997 and transferred into the Reserves as a second lieutenant.  The time for promotion to first lieutenant is three years, accordingly on 10 September 1997 she was issued promotion orders to first lieutenant with an effective date of rank of 26 June 1996.  Additionally, as referenced in Army Regulation 135-101, Chapter 3, Table 3-2, no provision is made for granting credit for prior enlisted service, only prior commissioned service.  No evidence of prior commissioned service is indicated in the documents forwarded for consideration.

In a letter dated 10 March 1998, the Chief, Appointments, Total Army Personnel Command, advised the applicant that the US Army Recruiting Command had determined that she was not entitled to any additional constructive service credit and no correction to her rank is required.  She was also advised that she did not have qualifications beyond what was required for appointment to second lieutenant.  

Army Regulation 135-101, prescribes the policies and procedures for appointment of officers in the medical department.  The regulation specifies that constructive service credit is granted for education, experience and prior commissioned service only.  Credit is not granted for prior enlisted service.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to her pay grade and rank at the time of her appointment.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that she was not given service credit and appointed as a first lieutenant has been noted by the board; however, she was not entitled to service credit based on her education, experience or prior enlisted service.

3.  The Board concludes the applicant was correctly appointed in the rank of second lieutenant at the time of her appointment.

4.  The Board also notes that Army Regulation 135-155 does not provide service credit for prior enlisted service in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

LS______  RWG ___  CLG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-07695	
SUFFIX		
RECON		
DATE BOARDED	1999 January 28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.