IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20140021497 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show he received day-for-day credit as a Medical Service Corps (MSC) officer beginning from his date of initial entry on active duty (14 July 2005) to present. He also requests that his basic date of appointment be adjusted to 15 July 2005 and that his active duty date of rank (DOR) be adjusted to 15 October 2008. 2. The applicant states: a. During his branch transfer, the Human Resources Command (HRC) recalculated his entry grade credit but did not grant day-for-day credit. b. Rather than receiving the approximate 6 years and 2 months of service credit, he was awarded 4 years, 11 months, and 25 days of service credit. c. There has been several circumstances in which the Army and Air Force Boards for Correction of Military Records (ABCMR and AFBCMR) have intervened following branch transfers when it was not initially granted as in his circumstance. 3. The applicant provides: * Memorandum For Army Review Boards Agency (ARBA), dated 2 December 2014 * Army Event Chronology * DA Form 5074-1-R (Record of Award of Entry Credit (Health Service Officers)), dated 3 October 2011 * ABCMR Record of Proceedings (ROP), dated 23 June 2011 * ABCMR ROP, dated in the year 2010 * DA Form 5074-1-R, dated 24 July 2009 * Constructive Credit Waiver, dated 10 July 2009 * DA Form 5074-1-R, dated 24 July 2009 * Constructive Credit Waiver, dated 10 July 2009 * DA Form 5074-1-R, dated 24 July 2009 * Constructive Credit Waiver, dated 10 July 2009 * Request for Constructive Service Credit Waiver, dated 4 June 2009 * Approval of Branch Transfer and Request for Medical Service Appointment and Regular Army Scroll, dated 4 June 2009 * DA Form 4187 (Personnel Action), dated 14 June 2009 * AFBCMR ROP, dated 4 May 1998 * Senior Attorney Advisory Memorandum For AFBCMR, dated 6 August 1997 CONSIDERATION OF EVIDENCE: 1. On 14 July 2005, the applicant was notified he was appointed as a Reserve commissioned officer of the Army, effective on his acceptance, in the rank of second lieutenant. He was informed that his branch of service was the Medical Service Corps (MSC). 2. On 14 July 2005, Orders A-07-591611 were published ordering the applicant to active duty for a 4-year commitment. He was ordered to report to the Uniformed Services University of Health Services (USUHS) with a reporting date of 25 July 2005. 3. On 16 May 2009, the applicant was awarded a Doctor of Medicine Degree from USUHS. He accepted an appointment as a commissioned officer in the Regular Army (RA) in the rank of captain with an active duty DOR of 16 May 2009. His branch of service upon appointment was the Medical Corps (MC). 4. On 3 December 2009, the ABCMR denied the applicant's request for an additional 2 years of constructive service credit for his Master's Degree in Kinesiology. 5. As a result of an approved request for a branch transfer, the applicant was appointed to the MSC on 7 September 2011. 6. DA Form 5074-1-R prepared on 3 October 2011 shows that the applicant was awarded 4 years, 11 months and 25 days of total entry grade credit for prior active commissioned service. 7. On 6 February 2012, the applicant accepted an appointment as a commissioned officer in the RA. His branch of service upon appointment was the MSC. 8. On 30 March 2012, Orders 090-007 were published by the U.S. Army HRC announcing the adjustment of his active duty DOR to 12 December 2009. 9. The applicant provides a memorandum for ARBA explaining the events that took place in his case. He provides a copy of his DA Form 5074-1-R showing he was awarded 4 years, 11 months, and 25 days of entry grade credit. He provides two ABCMR ROPs, three DA Forms 5074-1-R, and a waiver approval from the Surgeon General pertaining to other individuals that he contends had similar cases. He provides three requests for constructive service credit waiver, an approval of a request for a branch transfer, a DA Form 4187, an AFBCMR ROP, and a senior attorney advisory recommendation all of which pertain to other individuals that he contends had similar cases. 10. During the processing of this case an advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC) recommending denial of the applicant's request for an adjustment to his entry grade credit unless he is granted a waiver by the Surgeon General under the provisions of the Department of Defense Instruction (DODI) 6000.13, paragraph 6.1.1.2. The advisory opinion states: a. In accordance with DODI 6000.13, section 6.1.1.1, the applicant was awarded day-for-day credit from 15 July 2005 through 15 May 2009, while he was attending USUHS, which equates to 3 years and 10 months. b. In accordance with DODI 6000.13, section 6.1.1.2, he was awarded 1/2 day of credit for each day of service from 16 May 2009 through 6 September 2011, which equates to 1 year, 1 month, and 25 days. c. According to DODI 6000.13, the applicant's entry grade into the MSC as a captain based on 4 years, 11 months, and 25 days of constructive service credit is correct. If he receives a waiver by the Surgeon General, he could receive day-for-day credit for his service from 16 May 2009 through 6 September 2011, which would equate to 2 years, 3 months, and 20 days of credit and would bring his total entry grade constructive service credit to 6 years, 1 month, and 20 days. 11. The applicant was provided a copy of the advisory opinion for comment or rebuttal. In his rebuttal, he states: a. According to the advisory opinion, DODI 6000.13, section 6.1.1.2 states "service on active duty or in an active status as a commissioned office in any of the Uniformed Service, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer." b. That section of DODI 6000.13 does not apply to him because he has been a health professions officer since his original entry on active duty (14 July 2005). c. According to Army Regulation 135-101, chapter 3, Table 3-2 (Computation of Prior Active Commissioned Service Credit), commissioned service, either on active duty or in an active status are granted 1 year for each year of service. Based on receiving only prior service credit on his DA Form 5074-1-R and based on Army Regulation 135-101, his circumstances fall under the category 6 of Table 3-2 in Army Regulation 135-101. d. Therefore, he should receive day-for-day credit upon his transfer to the MSC. e. Even if he was not considered as a health professions officer during the time he served as an MC officer, there is a consistent precedence for prior decisions involving the ABCMR in which officers were granted day-for-day credit even coming from corps completely outside of the health field. f. He requested a waiver by the Surgeon General on 12 January 2011 using a DA Form 4187; however, he never received a response on the status nor notification of a change in his adjusted active duty DOR until his HRC consultant mentioned it to him in 2013. g. DODI 6000.13, paragraph 6.1.5.2 states "The Secretary of the Military Department concerned shall….ensure that waivers are consistent and equitably applied in similar circumstances." 12. In the applicant's rebuttal, he goes on to state why he believes that his DA Form 5074-1-R should only reflect the time he served in the MC if the USAREC believes he should receive 1/2 day of credit. He states why he believes he should have been awarded 2 years of constructive service credit for his Master of Science in Kinesiology Degree. He states that in the interest of equity and based on officers in similar circumstances, his requests should be granted. He also provides statements from individuals in support of his appeal. 13. DODI 6000.13, dated 30 June 1997, Subject: Medical Manpower and Personnel, provides the policy on awarding constructive credit. Paragraph 6.1 states that a prospective heath profession officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer. The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed. It further stipulates that a period of time shall be counted only once. 14. Paragraph 6.1.1 provides guidance on prior commissioned service credit. It states, in pertinent part, that credit for prior service as a commissioned officer (other than commissioned warrant officer) shall be granted to recognize previous commissioned experience. It further stipulates that the Secretaries shall establish procedures that ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner. 15. Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive service credit. It states that this 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 a grade and DOR 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. 16. Paragraph 6.1.2.2.6 of the same DODI states that additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of a Military Department, or designee. As determined by need, the additional credit applies to individuals with unique qualifications for appointment that are beyond normal requirements for appointment as commissioned officers. The amount of credit shall be 1 year for each year of special education or experience. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. His contention that DODI 6000.13 does not apply to him because he has been a health professions officer since his original entry on active duty (14 July 2005) is without merit. He was initially appointed as a Reserve commissioned officer of the Army and ordered to active duty in the rank of second lieutenant for the purpose of obtaining the additional education for appointment, designation, or assignment as an officer in a health profession. He was awarded day-for-day constructive service credit for the time he was on active duty from 15 July 2005 through 15 May 2009. 3. The applicant received his Doctor of Medicine Degree from USUHS on 16 May 2009 and he accepted an appointment as a commissioned officer in the RA in the rank of captain with an active duty DOR of 16 May 2009. His branch of service upon appointment was the MC and this was considered as his initial appointment. He was awarded 1/2 day credit for each day of service from 16 May 2009 through 6 September 2011. 4. As a result of an approved request for a branch transfer, he was appointed to the MSC on 7 September 2011. 5. He received a total of 4 years, 11 months, and 25 days of constructive service credit and his active duty DOR was adjusted to 12 December 2009. He is not authorized any additional constructive service credit without a waiver from the Surgeon General. He was previously notified by the ABCMR that he is not authorized any additional constructive service credit based on his Master of Science in Kinesiology Degree. 6. With regard to the applicant's contention that relief has been granted by the ABCMR and the AFBCMR in similar cases, the ABCMR considers each case based on its own merits. The fact that someone else may have received constructive service credit based on the merits of that individual's case is not a sufficient justification for granting relief of this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ 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. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140021497 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140021497 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1