MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  5 August 2003
	DOCKET NUMBER:  AR2003084613

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Ronald J. Weaver		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:  That he be awarded constructive service credit for his Masters of Public Health Degree received on 19 May 2002 along with his Medical Degree from Boston University.

APPLICANT STATES:  In effect, that he should be awarded additional constructive service credit for his grade determination.  In support of his application, he submits a copy of his transcripts, award and degree completion certificate, and active duty orders.

EVIDENCE OF RECORD:  The applicant's military records show he obtained a Masters of Public Health Degree and a Medical Doctor Diploma simultaneously in May 2002.  He was appointed as a Reserve commissioned officer in the rank of captain (CPT/0-3) with 4 years constructive service credit on 15 June 2002, in the Medical Corps.  

He was ordered to active duty on 17 June 2002, in the rank of captain for a period of 5 years.  He is currently serving as a Medical Corps officer at Beaumont Army Medical Center, Fort Bliss, Texas.

In the processing of this case an advisory opinion was provided by the Office of the Surgeon General (OTSG).  The opinion stated that the applicant was asking for constructive credit for a Masters of Public Health degree.  He provided his Medical Doctor diploma along with his official transcript for his Master's of Public Health.  These degrees were earned and awarded simultaneously.  Department of Defense Instruction (DODI) 6000.13 and Army Regulation 135-101 are very clear that "A period of time will only be counted once when computing entry grade credit."  The applicant's orders dated 1 April 2002 clearly state that he was awarded 4 years constructive credit.

The applicant was provided a copy of this opinion for possible comment prior to consideration of this case but no response was received.

DODI 6000.13, implements policy, assigns responsibilities, and prescribes procedures under DOD Directive 6000.12 "Health Services Operations and Readiness", to carry out manpower and personnel programs.  DODI 6000.13, paragraph 6 pertains to entry grade credit.  It states that a prospective health profession officer’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer. The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise.  Credit shall be awarded in accordance with this Instruction.

Army Regulation 135-101 provides the policy and sets forth the procedures for Reserve Appointment of Army Medical Department (AMEDD) officers with or 
without a concurrent call to active duty.  Chapter 3 pertains to entry grade credit 
for Reserve appointment grade determination.  Subparagraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.  The regulation also stated that a period of time would be counted only once when computing entry grade credit.

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.  The evidence of record clearly shows that the applicant was awarded 4 years of appropriate credit for his degrees that were earned and awarded simultaneously to qualify for entry as a captain/0-3.  In accordance with appropriate regulations, a period of time would be counted only once when computing entry grade credit.  Therefore, he is not entitled to any additional service credit for grade determination in this case.

2.  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.

3.  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___  __rw____  __cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084613	
SUFFIX		
RECON		
DATE BOARDED	20030508	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	22	
2.		
3.		
4.		
5.		
6.