MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 August 2002
	DOCKET NUMBER:  AR2002069405

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Jose A. Martinez		Member	
	Ms. Irene N. Wheelwright		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:  That his Primary Military Occupational Specialty (PMOS), 600A, Warrant Officer Physician Assistant (WOPA), be reinstated; that he be promoted to Chief Warrant Office 4 (CW4) with a date of rank (DOR) of 
24 April 1996; and that he be transferred from the Retired Reserve to the Individual Ready Reserve (IRR).

APPLICANT STATES:  Contrary to regulations, the Office of the Chief of Army Reserve (OCAR) incorrectly and prematurely changed his PMOS 600A (Physician Assistant) to 001A0 (Unqualified in Authorized Warrant Officer MOS) in 1995 or 1996.  This action effectively prevented his promotion to CW4 and possibly CW5.

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

In 1995, the applicant was a Chief Warrant Officer Three (CW3) with a DOR of 
20 February 1992; PMOS 600A, Physician Assistant; in a US Army Reserve (USAR) Troop Program Unit (TPU), the 426th Civil Affairs Battalion in Upland, California.

The applicant's PMOS posted on the automated personnel data system was changed from 600A to 001A (Unqualified in Authorized Warrant Officer MOS) after 12 October 1995 and prior to 11 October 1996.  The 600A was restored sometime after 14 October 1998.

In 1997, he was considered for promotion to CW4 but was not selected due to not being educationally qualified.  Army Regulation (AR) 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers), effective 1 October 1994, table 2-1.1, shows that the minimum military education required for promotion from CW3 to CW4 is completion of the Senior Warrant Officer Training (SWOT) or the Warrant Officer Advanced Course (WOAC).  There is no evidence in the record to show that the applicant had enrolled in or completed either of these courses.  Some USAR warrant officer MOSs were exempt from the WOAC education requirement but 600A was not one of them.  The promotion board considered the applicant as a 600A according to the DA Form 2-1 (Personnel Qualification Record) in his promotion file stamped next to the 600A MOS in box 6 by both the 1997 and 1998 promotion boards.

In 1998, he was again considered for promotion to CW4 but was not selected due to not being educationally qualified.  The applicant was notified by memorandum published by the Total U. S. Army Personnel Command, dated 
17 September 1998, of his two-time nonselection for promotion and was offered the options of discharge or transfer to the Retired Reserve as required by law.  The applicant requested transfer to the Retired Reserve.

By memorandum dated 30 March 2000, the applicant was notified of his qualification for retired pay at age 60.

On 24 April 2001, the applicant was transferred from the TPU to the Retired Reserve.

A Department of the Army message issued 30 November 1991, subject: Procedures for Application of United States Army  Reserve (USAR) Physician Assistants (PA) for a Commission in the Army Medical Specialist Corps (AMSC), announced that USAR PAs would have ten years to transition to a commissioned officer in the AMCS.  PAs who failed to so convert would be reclassified or retired.  The MOS 600A will be deleted from the inventory in September 2003.

Army Regulation 611-112 (Manual of Warrant Officer Military Occupational Specialties), effective 30 November 1989, paragraph 5-89h(2) (Qualifications), stated that a senior 600A warrant officer must "successfully complete the AMEDD (Army Medical) Officer Advance Course."  The MOS 600A was deleted from the 30 April 1992 edition of this regulation.  The MOS 600A was added back into the 1 August 1994 edition of this regulation but only the duties for the MOS were listed; no qualification requirements were listed, but reference is made to the officer area of concentration (AOC) 65D, Physician Assistant, under the Army Medical Specialty Corps (65).  Members of the Army Medical Specialty Corps are required to complete the AMEDD Officer Advanced Course for promotion eligibility.  The more recent editions of the regulation also list only the duties for 600A and do not list the qualification requirements.

The Office of the Deputy Chief of Staff G-1 provided an advisory opinion that the applicant was twice non-selected for promotion to CW4 due to not being educationally qualified for promotion which was completion of the Army Medical (AMEDD) Officer Advanced Course.  Concerning the issue of his changed PMOS, the advisory opinion stated, "The changing of his specialty had no effect on the promotion selection processing or his being (not) selected."  The advisory opinion further states that the Army now has no requirement for 600A warrant officers.  The Army has no need to transfer the applicant from the Retired Reserve to the IRR.  The applicant was provided a copy of this advisory opinion for opportunity to provide reply.

The applicant replied that according to Army Regulation 611-112 (Manual for Warrant Officer Military Occupational Specialties), dated 26 June 1995, paragraph 5-27 (MOS 600A – Physician Assistant), that he met the educational requirements for 600A and that during his tenure as a USAR WOPA (1977-1980 and 1984-2001), there had never been a requirement to attend the Army Medical Officer Advanced Course.  He also contends that he was not notified of the change of his MOS as required by regulation or given the opportunity to appear before an MOS certification board before the MOS change was made.
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(s), it is concluded:

1.  As a result of not being educationally qualified for promotion to CW4 by not having completed the WOAC or the SWOC as required by AR 135-155, the applicant was twice passed over for promotion to CW4.  He was considered for promotion as a 600A, Physician Assistant, as shown in his promotion file.  The fact that his PMOS on the automated data base showed him as a 001A did not impact his promotion consideration.  As a result of two-time nonselection for promotion, the applicant was transferred to the Retired Reserve as required by law and at his request since he was qualified for retired pay at age 60.  There is no error or injustice in these actions.  There is no basis to transfer the applicant from the Retired Reserve to the IRR.

2.  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

__js____  __jm____  __iw____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002069405	
SUFFIX		
RECON		
DATE BOARDED	20020815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.1 – Passover Removal	
2.		
3.		
4.		
5.		
6.