MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          28 October 2003                    
		DOCKET NUMBER:  AR2003086316

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. N. Troup		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 she be awarded constructive service credit of 4 months and 20 days for completion of the United States Army Signal Officer Basic Course (OBC).

APPLICANT STATES:  In effect, that she should be awarded constructive service credit for the Signal OBC which she completed as a civilian in December 2000 prior to her being commissioned in March 2001.  She also states that she understands that the requested constructive service credit would not alter her Pay Entry Basic Date (PEBD) or Commissionned Service Date, but would apply to her time-in-grade (TIG).

The applicant submitted seven documents in support of her application.  These documents include:  a copy of Fort Gordon (FG) Form 6812 (OBC Graduation Diploma); FG Form 6723 (Signal Corps Regimental Certificate); DD Form 1556 (Request, Authorization, Agreement, Certification of Training and Reimbursement); 642nd Area Support Group letter of endorsement; 81st Regional Support Command letter of endorsement; Signal OBC Class graduation photo; and Army Medical Department (AMEDD) Officer Branch Qualification Certificate.

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

She was a civilian General Schedule 7 (GS-7) Instructional Systems Specialist Intern when she attended Signal OBC Course 4-11-C20 from 8 August 2000 to 15 December 2000.  She completed the 705-hour course and was awarded FG Form 6812 and FG Form 6723.

On 5 March 2001, the applicant was commissioned and appointed a Second Lieutenant, Medical Services Corps, United States Army Reserve (USAR).  Her appointment memorandum from the US Total Army Personnel Command, dated 31 May 2001, shows that she was not credited with any prior period of service in an active status.  The memorandum further noted that such periods of constructive service credit applied only to Chaplains, Medical Personnel, and the Judge Advocate General's Corps.

On 15 June 2001, the applicant was assigned to the 3297th United States Army Hospital (USAR Ready), Fort Gordon, Georgia.

On 6 June 2002, the applicant requested through her chain of command that she be given constructive service credit of 4 months and 20 days for completing the Signal OBC on 15 December 2000.  She stated that she had received the same diploma as the 78 lieutenants that took the course.  She stated that the only difference in their training was she received DD Form 1556 and they received DA Form 1059 (Service School Academic Evaluation Report).  

Army Regulation 135-101 provides the policy and sets forth the procedures for Reserve appointment of AMEDD officers with or without a concurrent call to active duty.  It states, in effect, that constructive service credit is given for professional experience and advanced qualifying degrees.

Department of Defense Directive 1312.3 states, in effect, that the purpose of constructive service credit is to provide grade and date of rank comparability for a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as a commissioned officer in a professional field (i.e., medical, legal, chaplaincy).

Department of Defense Instruction Number 6000.13, Medical Manpower and Personnel, states, in effect, that constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.

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.  The applicant was a civilian, GS-7, Instructional Systems Specialist Intern when she attended the Signal OBC.  She had no military status and was not on active duty at the time.

2.  Army Regulation 135-101, DoD Directive 1312.3, and DoD Instruction 6000.13 all state, in effect, that in order for the applicant to receive constructive service credit for a course of study, the course of study must have yielded the applicant an advance degree beyond the level of a baccalaureate.  The applicant did not obtain an advanced degree beyond the baccalaureate level by attending Signal OBC.  Therefore, the applicant cannot receive constructive service credit based on her attending that course.

3.  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.

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

__rjw___  __lds___  __mjnt__  DENY APPLICATION

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

INDEX

CASE ID	AR2003086316	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.0100	
2.		
3.		
4.		
5.		
6.