PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 May 2003       
	DOCKET NUMBER:   AR2003085143

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Jose A. Martinez		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 he be given constructive credit and that his entry grade be corrected to first lieutenant (1LT).

3.  The applicant states that he was in graduate school when he was commissioned as a second lieutenant (2LT) on 11 December 2001.  He completed his Masters of Science degree in Epidemiology on 17 May 2002.  He entered active duty on 14 July 2002 as a 2LT.

4.  The applicant’s military records show that he was commissioned a 2LT in the U. S. Army Reserve on 11 December 2001. 

5.  Orders dated 1 May 2002 ordered the applicant to proceed on temporary duty to attend the Army Medical Department (AMEDD) Officer Basic Course.  Orders dated 3 May 2002 ordered the applicant to active duty in the rank of 2LT, with a date of rank based on 0 years, 0 months, and 0 days of constructive service, and to report to Fort McPherson, Georgia on 13 November 2002.

6.  On 17 May 2002, the applicant completed his Masters of Science degree in Epidemiology from the University of Iowa.

7.  In the processing of this case, an advisory opinion was obtained from the      U. S. Army Recruiting Command (USAREC).  The Chief, Medical Service Corps Division, USAREC opined that the applicant should be given constructive credit of 2 years, 0 months, and 0 days based upon his degree and that his primary promotion year group should be adjusted as appropriate.  A DA Form 5074-1 (Record of Award of Entry Grade Credit (Health Services Officers)) was provided with the advisory opinion.  The DA Form 5074-1 noted that 2 years of constructive credit was permitted for a Masters of Science degree in Epidemiology.  It noted that the applicant qualified for an entry grade of 1LT, which requires credit of 1 year, 6 months, and 0 days, with 6 months in excess of that required for grade.

8.  A copy of the advisory opinion was provided to the applicant.  On 14 April 2003, he concurred with the advisory opinion.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), effective 15 March 1984, provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent part, it states that the grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.  

CONCLUSIONS:

1.  The Board notes that the applicant's active duty orders were issued prior to his receiving his Masters of Science degree in Epidemiology.  In accordance with the advisory opinion, once the applicant completed that degree he qualified for    2 years of constructive credit.  

2.  Since only 1 year and 6 months of credit is required for an entry grade of 1LT, the applicant qualified to enter active duty as a 1LT with 6 months excess total entry grade credit.  His records should be corrected to show he entered active duty as a 1LT with 2 years of constructive credit, 6 months credit in excess of that required for his grade.  His primary promotion year group should be adjusted accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant entered active duty as a 1LT with 2 years of constructive credit (6 months credit in excess of that required for his grade) and that his primary promotion year group be adjusted accordingly.

BOARD VOTE:  

__mhm___  __dsj___  __jam___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085143	
SUFFIX		
RECON		
DATE BOARDED	20030520	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.