PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           5 August 2003
	DOCKET NUMBER:   AR2003084614

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 that her Pay Entry Basic Date (PEBD) be changed from 16 May 1999 to 16 May 1997, based on her being given constructive service credit for her Master of Education degree.

3.  The applicant states that she was told by her recruiter that she would be given constructive service credit for her Master of Education degree. 

4.  In support of her request she submits her Master of Education degree diploma, dated 1992, and her university transcripts.

5.  The applicant’s military records show that she entered on active duty as a Captain, Medical Corps (MC), on 2 June 1999.  Her active duty orders stated that “Officer is not eligible for constructive credit for pay IAW para 10128 DODPM” and “Constructive credit for active duty grade determination:  [four years]”

6.  On 21 October 2002 the applicant submitted a request for constructive service credit.  In that request she stated that “my recruiter told me that I would come into the [Army] with 2 years of prior service due to my graduate degree, and therefore would be eligible for promotion after 4 years of active duty.”

7.  Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  In accordance with Table 3-1 of this regulation, entry grade credit is awarded on a year for year basis for qualifying education and advanced degrees which enhance skills.  An advanced degree in Education is listed in Table 3-4 as qualifying for additional constructive service credit.

8.  Other than Regular Army commissioned officers in the grade of second lieutenant who received entry grade credit at the time of their most recent original appointment may be tendered a new original appointment in a higher grade, coincident with placement on the Active Duty List (ADL), if the period of service so credited equals or exceeds the promotion phase point in that higher grade in their competitive categories when they were placed on the ADL.  The Active Date of Rank (ADOR) in that higher grade will be their date of placement on the ADL backdated by a period equal to the period of entry grade credit awarded at the time of the new original appointment (tendered in conjunction with placement on the ADL) which exceeds that used to establish the higher grade under this paragraph. 

9.  Army Regulation 600-8-29 prescribes the policy and procedures for the promotion of officers on active duty.  This regulation states that officers in the rank of captain, major and lieutenant colonel must serve at least 3 years time in grade (TIG) to be considered for promotion.  To the extent permitted by law, promotion zones for Medical or Dental Corps officers will be established to ensure that those in the zone, if selected, will be promoted on the sixth anniversary of their Active Date of Rank (ADOR). 

10.  In the processing of this case, the staff of the Board contacted the Total Army Personnel Command (PERSCOM).  The PERSCOM stated that an MC officer with no constructive service credit other than that granted for his or her medical degree will be commissioned as a captain with a date of rank as of the day he or she enters active duty.  If additional constructive service credit is granted, such credit is used to backdate the officer’s date of rank, on a day for day basis.  As for promotion, MC officers are generally considered for promotion the year prior to their promotion eligibility date, so that they may be promoted on their Promotion Eligibility Date (PED) if selected.

11.  The Department of Defense Military Pay and Allowances Entitlements Manual (DODPM), paragraph 10102, states that “Crediting of constructive service for medical or dental training or internship is not authorized after 14 Sep 1981.”

12.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG recommends that the applicant be awarded an additional two years of constructive credit for her Master of Education degree.  The applicant was furnished a copy of this advisory opinion and concurred with the OTSG’s recommendation.

CONCLUSIONS:

1.  The applicant is precluded by the DODPM, paragraph 10102, from receiving constructive service credit for her education as it pertains to establishing her PEBD.

2.  However, it would appear from the applicant’s 21 October 2002 letter that she is also asking for constructive service credit for the purpose of establishing an earlier promotion eligibility date.  In that regard, since a Master of Education degree is authorized constructive service credit for establishing entry grade and promotion eligibility dates, it is apparent that she was not given that credit in error.

3.  This conclusion is supported by the advisory opinion obtained by the OTSG.

4.  If this correction results in the applicant’s eligibility for earlier promotion consideration, she should be afforded promotion consideration under the criteria for the year(s) she was not considered.
5.  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.  awarding to the individual concerned an additional two years of constructive service credit for establishing entry grade and promotion eligibility dates based on her Master of Education degree; and

	b.  affording her promotion consideration under the criteria for the year(s) she was not considered if this correction results in her eligibility for earlier promotion consideration.

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

BOARD VOTE:  

__lls____  ___rjw___  ___cjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084614	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030805	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.01	
2.		
3.		
4.		
5.		
6.