RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 January 2004                  
	DOCKET NUMBER:   AR2003091300

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be granted constructive credit for having completed a Master of Science (MS) in Environmental Systems.

2.  The applicant states, in effect, that his degree meets the regulatory requirements for a granting of additional constructive service credit.

3.  The applicant provides documents from his military records and a Humbolt State University transcript for the period 1998 through 2001.  

CONSIDERATION OF EVIDENCE: 

1.  The evidence of record shows that the applicant attended the Humbolt State University and was awarded an MS in 2001.

2.  On 23 October 2002 the applicant was commissioned a second lieutenant in the Army Reserve Medical Service Corps.  He was ordered to active duty to attend the officer basic course on 22 November 2002.

3.  During the processing of this case an advisory opinion was received from the Program Manager, Health Professionals Special Pay, Office of The Surgeon General.  The Chief stated that the applicant’s degree did not meet the requirements of Army Regulation 135-101 (Table 3) and Department of Defense Instruction 6000-13, paragraph F b. (2) (a) through (c).  

4.  The unfavorable advisory opinion was forwarded to the applicant and he has provided additional comments reiterating his position.

5.  In his rebuttal the applicant challenges the advisory opinion contending, in effect, that the regulations state the basic requirement for entry as an Environmental Science Officer is a BS and therefore his MS in Environmental Systems does constitute an enhancement of his skills.  He further states that had he entered the service with just a BS he would have been “grossly unprepared for the responsibilities and tasks” required of him.

6.  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 (except as limited by maximum credit limits) will be the sum of constructive credit plus credit for prior service.  The maximum entry grade credit is 14 years.  In accordance with Table 3-1 entry grade credit is awarded on a year for year basis for qualifying education and advanced degrees which enhance skills.  Full time professional experience receives entry grade credit on as basis of ½-year credit per year of experience up to a maximum of 3 years.  Unusual cases of other experience or education may additionally be credited at the ½-year per year basis after up to a maximum of 3 years.  Constructive service credit will be awarded for periods of professional training and experience accrued after receipt of basic qualifying degree in accordance with appropriate tables.  

7.  Army Regulation 135-101 further states that an Environmental Science Officer “Must (emphasis added) have a masters degree in public health or related area of specialization (such as environmental science, industrial hygiene or food technology) from a school acceptable to The Surgeon General (TSG).  Persons with a baccalaureate degree in these fields may (emphasis added) also be considered.”

DISCUSSION AND CONCLUSIONS:

1.  The normal educational requirement for entry as an environmental science officer is a masters degree.  The fact that someone with baccalaureate degree may be considered does not make the normal requirement of a masters degree an additional degree.  

2.  Constructive service credit is creditable only for additional advanced degrees which enhance a member's skills.  

3.  By his own statement of “Had I entered this position with only my BA degree in biology, I would have been grossly unprepared for the responsibilities and tasks required of me”, the applicant himself demonstrates that an MS is required to perform the duties of an environmental science officer.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ___WTM_  __KYF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		_Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091300	
SUFFIX		
RECON		
DATE BOARDED	20040129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	112.07 Constructive service credit	
2.		
3.		
4.		
5.		
6.