MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           9 September 2003
		DOCKET NUMBER:  AR2003089457

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Walter T. Morrison 		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 his date of rank to first lieutenant (1LT) be adjusted to show 25 November 1998 and that he be awarded constructive service credit towards the rank of captain based on his education and work experience.

APPLICANT STATES:  That he should have been commissioned in the rank of 1LT because of his Masters Degree in Behavioral Science and his work experience in the Psychology Department at the Audie Murphy Memorial Veterans Hospital.  In support of his application, he submitted a supplemental letter; his Masters of Art Degree; his Bachelor of Arts Degree; three transcripts; a Memorandum for Assumption of Command; his Appointment Letter; his DD Form 214 (Certificate of Release or Discharge from Active Duty); and Headquarters, 95th Division (Instructional Training), Oklahoma City, Oklahoma 
Orders M-0560001, dated 25 February 2003.

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

He initially served as an enlisted soldier in the U.S. Army Reserve from May 1984 to August 1988; the U.S. Marine Corps from March 1989 to March 1993; and the Army National Guard from November 1995 to November 1996.

He completed his Master of Arts Degree in Behavioral Science on 10 May 1998.

The applicant's DA Form 5074-1-R, dated 19 October 1998 shows his specialty as 70B (Health Services Administration).  This document shows he was not awarded any constructive credit based on his Master of Arts Degree or that he was awarded any constructive credit based on his work experience.  His entry grade was determined to be second lieutenant.

On 25 November 1998, the applicant was appointed as a second 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 "0 yrs 0 mos 0 days" of constructive credit. He was promoted to the rank of first lieutenant on 24 November 2000.

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.  

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 a Master of Arts Degree in Behavioral Science prior to his commission in the Medical Service Corps in primary specialty 70B (Health Services Administration).

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.  The applicant's Master of Arts Degree is in Behavioral Science. Since he was assigned in the primary specialty Health Services Administration, the Board concludes the OTSG made a valid determination that he was not entitled to constructive credit and his date of rank to second lieutenant would be 25 November 1998 (date of his commission).

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

SP______  TAP____  WTM___  DENY APPLICATION

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

INDEX

CASE ID	AR2003089457	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030909	
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.