MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 May 2003
	DOCKET NUMBER:   AR2002080392

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Lawrence Foster		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 granted constructive credit for his date of rank (DOR) as a second lieutenant (2LT).

APPLICANT STATES:  In effect, that he spent 2 years in educational delay status while attending physician assistant's school and was promoted to the ranl of first lieutenant (1LT).  However, when he graduated, he was re-commissioned as a 2LT in the Medical Specialist Corps with no constructive credit added to his DOR.

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

He was commissioned as a United States Army Reserve (USAR) 2LT through the Reserve Officer Training Corps (ROTC) on 23 May 1999.  He was assigned to the USAR Control Group (Officer Active Duty Obligor (OADO)) in the Medical Service Corps and was granted an educational delay to attend physician assistant school.  He was promoted to the rank of 1LT in the USAR on 28 May 2001. 

He graduated from Physician Assistants School on 1 June 2001 and received his certification from the National Commission on Certification of Physician Assistants on 6 June 2001. 

He was ordered to active duty on 15 July 2001 and was reappointed as a 2LT in the Medical Specialist Corps with no constructive credit.  He has a 4-year service obligation based on a 3-year ROTC Scholarship.

He completed his basic course at Fort Sam Houston, Texas, and was transferred to Germany. 

In the processing of this case a staff advisory opinion was obtained from Army Recruiting Command, Medical Specialist Corps Program Manager, which opined, in effect, that the applicant was properly not given constructive credit as a 2LT because he earned a baccalaureate degree in Physician Assistant studies while in an educational delay status and constructive credit is not awarded for time spent in attainment of baccalaureate degrees.  2LT is the entry grade for his degree and since he had no prior active commissioned service, he had no years for entry grade credit.  The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.

Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides the criteria for awarding constructive credit.  It provides, in pertinent part, that constructive credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree and any prior active commissioned service. The entry level rank for persons with 3 years or less of active commissioned service and a baccalaureate degree is 2LT.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 applicant did not have a degree at the time he was originally commissioned as a 2LT and did not serve on active duty during the period of his original commission.  Accordingly, when he obtained his baccalaureate degree and was commissioned (re-appointed) as a 2LT in the specialty for which he had been given an educational delay, he was properly not given constructive credit.  

3.  The Board finds that the applicant has failed to show through the evidence submitted with his application or the evidence of record that a commitment was made to him in regards to constructive credit or that any commitments made were not honored.

4.  In view of the foregoing, 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

__tk ____  __lf   ____  __mkp__  DENY APPLICATION

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

INDEX

CASE ID	AR2002080392	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  22	102.0800/CONST SVC	
2.		
3.		
4.		
5.		
6.