MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           4 September 2003
	DOCKET NUMBER:   AR2003087546

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. Frank C. Jones 		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 be awarded additional constructive credit to show 5 years, 1 month and 15 days and that his date of rank be adjusted accordingly.

APPLICANT STATES:  In effect, in accordance with Army Regulation 135-101, he should be awarded 2 years of constructive credit based on his Master of Public Health Degree from Tulane University and 3 years, 1 month, and 15 days of constructive credit based on his work experience as Direct Full Time Environmental Support for the Army Reserve, 90th Regional Support Command.  He contends that the basic qualifying degree date and academic institution shown on the original DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) is in error.  In support of his application, he submitted two DA Forms 5074-1-R; his Bachelor of Science Degree; and his Master of Public Health Degree. 

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

The applicant completed his Master of Public Health Degree on 31 December 1999.

On 5 November 2002, the applicant was appointed a first lieutenant in the Medical Service Corps of the U.S. Army Reserve.  The appointment memorandum from the U.S. Total Army Personnel Command, St. Louis, Missouri, shows that he was awarded 4 years, 1 month, and 17 days of constructive credit.

The DA Form 5074-1-R, dated 21 November 2002 provided by the applicant shows that he was awarded 2 years of credit based on his Master of Public Health Degree.  This document shows he was awarded 2 years, 1 month, and 17 days of credit based on his work experience.  He was awarded a total of 4 years, 1 month, and 17 days of constructive credit for active duty grade determination.  The applicant's date of rank to first lieutenant was determined as 18 September 2000.

The applicant provided a copy of an undated DA Form 5074-1-R which is not authenticated by the preparing official or the approving official.  This document shows he was awarded 2 years of credit based on his Master of Public Health Degree and awarded 3 years, 1 month, and 15 days of credit based on his work experience.

Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), effective15 February 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 Army Medical Department 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.  Additional credit may be granted in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable.  Unusual case determination will be made by The Surgeon General or designee.  For Medical Service Corps officers, one-half year credit for each year of education or experience up to a maximum of 3 years credit is awarded.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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.

2.  The Board notes that the applicant was awarded 2 years of credit based on his Master of Public Health Degree and 2 years, 1 month, and 17 days of credit based on his work experience.  

3.  The Board also notes that in accordance with Army Regulation 135-101, Medical Service Corps personnel may be granted additional credit in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree up to a maximum of 3 years credit.  Based on this guidance and in the absence of a corrected, authenticated DA Form 5074-1-R, it appears the applicant was awarded all constructive credit due him.  Based on the applicant's total constructive credit of 4 years, 1 month, and 17 days, the OTSG determined his date of rank to first lieutenant to be 18 September 2000.

4.  Based on the foregoing, the Board has determined that there is no error or injustice that exists in this case.  Therefore, 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

RVO____  BJE_____  FCJ_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087546	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030904	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	102.0800	
2.		
3.		
4.		
5.		
6.