MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2003
	DOCKET NUMBER:   AR2002074100

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Pendergast		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:  In effect, that he should receive constructive credit for his graduate degree.  

APPLICANT STATES:  In effect, that his graduate degree is in public administration with an emphasis in health care administration.  He claims that both areas are pertinent to his military specialty as a 70B (Medical Field Specialist) in the Army Medical Service Corps (MSC).  He requests that he be granted constructive credit for the graduate work he completed prior to his being commissioned as a second lieutenant (2LT) in the United States Army Reserve on 3 May 2001.  In support of his application, he provides a copy of his graduate school transcript. 

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

On 3 May 2001, he was appointed a 2LT in the MSC of the USAR.  The Appointment Memorandum, dated 9 April 2001, issued by the Total Army Personnel Command (PERSCOM), St. Louis, Missouri, confirmed that the applicant was appointed in specialty 70B and that he was granted no constructive service credit. 

The applicant provides a transcript from the University of Texas at San Antonio, which shows that he completed the requirements for and was awarded a Master of Public Administration (MPA) degree on 13 December 1997.  

In connection with the processing of this case an advisory opinion was provided by the Chief, MSC Division, United States Army Recruiting Command (USAREC).  This MSC recruiting official states that the degree information provided by the applicant does not entitle him to constructive credit under the provisions of the governing regulation and Department of Defense Instructions (DODI).  He further comments that the applicant’s specialty is an entry level developmental position, which requires a baccalaureate degree and successful completion of the Army Medical Department (AMEDD) Officer Basic Course (OBC), and is not authorized constructive credit.  

On 19 November 2002, the applicant was provided a copy of this advisory opinion in order to have the opportunity to respond.  To date, he has failed to reply. 

Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD).  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the grade and date of rank upon appointment will be determined by the law and regulations in effect on the date of the appointment.  

Department of Defense Instruction (DODI) 6000-13 (Medical Manpower and Personnel) contains guidance on granting constructive credit to health care professionals for additional education, training, and experience in order to provide them an entry level grade and date of rank comparable to that obtained by officers who begin commissioned service after obtaining a baccalaureate degree and serve for a period of time it would take to gain the additional education.  However, constructive credit is not authorized for members entering an entry level development program. 

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.  The Board notes the applicant’s contention that he should have received constructive credit for an advanced degree that he earned prior to his appointment.  However, it finds insufficient evidence to support this claim. 

2.  By regulation, constructive credit for advance degrees is not authorized for members entering a developmental specialty.  The evidence of record confirms that the applicant was appointed in the 70B (Medical Field Specialist), which is an entry level developmental specialty.  Thus, the Board concludes that at the time of his appointment he was not eligible to receive constructive credit for his advanced degree. 

3.  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 this requirement.

4.  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

__FNE__  __JEA  _  __ECP __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002074100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/06	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700	
2.		
3.		
4.		
5.		
6.