PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 November 2002
	DOCKET NUMBER:   AR2002074559

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the constructive credit he was awarded upon his appointment be corrected to allow his entry grade to be changed to captain (CPT), with a date of rank (DOR) of 3 April 1997.  

3.  The applicant states, in effect, that the United States Army Recruiting Command (USAREC) did not use the correct formulas in determining his constructive credit and entry grade in the Army Medical Department (AMEDD).  He claims that USAREC used outdated regulations instead of the Department of Defense Instructions (DODI) that are required to be used by all services in determining entry grades for AMEDD personnel.  He requests correction of his commissioning grade and DOR as a Physician Assistant (PA), specialty 65D.  He states that the correct computation of his constructive credit would include the following credit for the reasons indicated:  4 years and 5 days, for his prior commissioned service; 2 years, for his educational experience; 2 years, and 
2 months, and 7 days, for his professional experience.  This total of 8 years, 
2 months, and 12 days of constructive credit should translate into an entry grade of CPT, which requires 7 years.  In addition, his DOR should be established as 
3 April 1997, based on the 1 year, 2 months, and 12 days of constructive credit that is in excess of the 7 years required for his entry grade of CPT.  

4.  The applicant’s military records show that on 6 May 1988, he was appointed a Reserve commissioned officer and appointed a second lieutenant (2LT).  He served as a Reserve officer until being honorably discharged as a first lieutenant (1LT) on 3 May 1996.

5.  On 15 June 1998, the applicant was appointed a Reserve officer in the AMEDD, Medical Specialist (SP) Corps as a PA.  A memorandum published by the U.S. Army Total Army Personnel Command (PERSCOM), St. Louis, Missouri, dated 29 May 1998, confirmed that he was awarded an entry grade of 2LT and 1 year, 9 months, and 23 days of constructive credit in excess of that required for his entry grade.  

6.  In connection with the processing of this case, an advisory opinion was requested of and received from the USAREC AMEDD appointment officials.  It states that a review of the additional information provided by the applicant does result in an increase in the amount of constructive credit the applicant is entitled to under the provisions of DODI 6000.13, however, not the total requested by the applicant.  It indicates that the applicant is entitled to an additional 4 years and 
5 days of constructive credit based on his prior commissioned service between 1988 and 1996.  However, the additional constructive credit he requests based on professional experience from October 1994 is denied because the National Commission on Certification of Physician Assistants (NCCPA) certification was not issued until December 1994, and is a basic requirement for appointment in the AMEDD SP Corps.  

7.  The USAREC opinion further states that the applicant is not entitled to credit for advance education beyond his basic qualifying degree because the basic educational requirements for appointment as a PA are a baccalaureate degree, and graduation from a PA program of not less than 20 months in duration.  The applicant earned his baccalaureate degree in psychology, which meets the degree requirement, and he earned an associate’s degree as a PA, which meets the twenty month PA program requirement.  The credit requested by the applicant for his associate’s degree may not be granted because it was used to fulfill the basic qualifying degree requirements, and may not be counted again as advanced education credit.  The applicant may also not be granted constructive credit for the advanced degree he earned in May 2001, because constructive credit is not awarded for advanced degrees earned subsequent to the original date of appointment.  

8.  The USAREC opinion finally includes a recommendation that the applicant receive a total of 5 years, 9 months, and 7 days of constructive credit instead of the 1 year, 9 months, and 23 days he was previously awarded by his 29 May 1998 appointment memorandum.  Included with this opinion was a revised Record of Award of Entry Grade Credit (DA Form 5074-R) pertaining to the applicant that grants him at total of 5 years, 9 months, and 7 days of constructive credit.  It also authorizes an entry grade of 1LT, which requires 3 years of the constructive credit, and 2 years, 9 months, and 7 days of constructive credit in excess of that required for his entry grade, which should be applied to his 1LT DOR.  

9.  The applicant was provided a copy of the USAREC advisory opinion and he responded on 6 October 2002.  He states that he disagrees with some of the assertions and conclusions arrived at in the USAREC advisory opinion.  He again asks that he be granted an entry grade of CPT and a DOR of 3 April 1997.  He claims that he and USAREC agree on the constructive credit he should receive for his prior commissioned service; however, he notes that USAREC made an error in entering the dates on the DA 5074-R.  

10.  The applicant further claims that while he agrees that if narrowly interpreted, his NCCPA certification date is 12 December 1994, as indicated by USAREC, but for the purpose of calculating his professional experience constructive credit, the date of 31 October 1994 should be used, as this is the date he was licensed in Indiana.  The applicant takes issue with USAREC citing Office of The Surgeon General policy that was published in memoranda, when in fact the Army regulation and the DODI should be used to award credit and prevail in this case. 

11.  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.  

12.  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.  It further states, in pertinent part, that constructive credit for education may be granted for education earned beyond that required for appointment and for advanced degrees earned prior to the initial appointment date.  Further, constructive credit of ½ year for each year may be granted for professional experience, but that credit cannot predate the receipt of licenses registration, or certification.  

13.  AR 135-155 (Promotions of Commissioned Officers and Warrant Officers Other than General Officers) prescribes the policy and procedures used in the selection and promotion of commissioned and warrant officers of the USAR.  Table 2-1 establishes the service requirements for promotion, and specifically lists the time in grade necessary for promotion from 2LT to 1LT as 3 years, and for promotion from 1LT to captain (CPT) as 2 years for consideration by a unit board and 4 years for mandatory board consideration.  In addition, promotion to CPT has a time in service requirement of 6 years of commissioned service.  

14.  Paragraph 2-3b (Commissioned Officers) states, in pertinent part, that commissioned officer service requirements for promotion to CPT and above require a minimum number of years of promotion and commissioned service. Service periods will not be counted more than once.  If an officer was given constructive service credit on appointment, any actual service before that date will not be counted.  Promotion service (time in grade) includes all constructive service credited that exceeds the minimum years of service prescribed for the grade in which appointed.  This applies in the case of a first promotion of a person originally appointed in a grade below colonel (COL).  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to additional constructive credit that would have entitled him to an entry grade of CPT with a DOR of 3 April 1997.  However, while it finds insufficient evidence to support this specific claim, it does find that the applicant is entitled to a correction to his entry grade and additional constructive credit that was not granted upon his original appointment.  

2.  Notwithstanding the applicant’s rebuttal, the Board finds that, with the exception of minor harmless typographical errors, the DA Form 5074-R, dated 
20 September 2002, provided by USAREC accurately assigns the applicant’s entry grade and constructive credit based on the DODI and Army regulatory policy in effect at the time of his appointment.  

3.  The 20 September 2002 DA Form 5074-R confirms that the applicant’s entry grade should have been 1LT and that he should have been awarded 2 years,
9 months, and 7 days of constructive credit in excess of that required for his entry grade.  Therefore, the Board concludes that it would be appropriate to correct the applicant’s record to show that on 15 June 1998, he was appointed a 1LT with a DOR 9 September 1995, in the AMEDD SP Corps as a PA.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

a.  issuing the individual concerned the revised DA Form 5074-1-R that shows he was entitled to a total of 5 years, 9 months, and 7 days of constructive credit, the entry grade of 1LT, and 2 years, 5 months, and 7 days of credit in excess of that required for his entry grade; 

b.  adjusting his 1LT DOR to 9 September 1995, based on the constructive credit in excess of that required for his appointment rank that he is entitled to and by providing him any back pay due as a result; and 

c.  considering him for promotion to CPT based on his adjusted 1LT DOR and promoting him to that grade if he qualifies, and if promoted, providing him any back pay due as a result.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_ _SAC _  __RWA_  ___HOF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler    _
		        CHAIRPERSON

INDEX

CASE ID	AR2002074559	
SUFFIX		
RECON		
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700	
2.		
3.		
4.		
5.		
6.