BOARD DATE: February 18, 2010 DOCKET NUMBER: AR20090009267 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 that his records be corrected to show he was awarded 9 years and 4 months of constructive service credit (CSC) instead of 9 years and 20 days. 2. The applicant states he was given credit for professional experience from 25 July 2003 to 5 September 2007. However, he maintains that the correct through date should have been 5 June 2008. 3. The applicant provides copies of his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), a request for employment verification, an internal medicine certification, a university transcript, resident in medicine certificates, promotion orders, and a DA Form 1059 (Service School Academic Evaluation Report). CONSIDERATION OF EVIDENCE: 1. The applicant’s military records show that he was appointed as a Reserve Medical Corps (MC) officer on 3 June 2008 with an active duty date of rank in the grade of captain of 13 May 2003. 2. The applicant's transcript, internal medicine diploma, and resident of medicine certificates substantiate the information contained on his DA Form 5074-R. The DA Form 5074-R shows the applicant was awarded CSC in the following amount for the following dates, degrees, internship, professional education, and/or professional experience: Doctor of Medicine, Azad University Tehran Medical School, Tehran, Iran, from 6 January 1986 to 8 November 1993, 4 years; Internship, Harbor Hospital, Baltimore, Maryland, from 1 July 2000 to 30 June 2003, 1 year; Professional Education, Internal Medicine, from 1 July 2001 to 30 June 2003, 2 years; and Professional Experience, License D60715, from 25 July 2003 to 5 September 2007, 2 years and 20 days. He was awarded a total of 9 years and 20 days of CSC. 3. The Request for Employment Verification shows the applicant was employed as a physician at the Peninsula Regional Medical Center from 11 August 2003 to 5 June 2008. 4. In the processing of this case, an advisory opinion was obtained from the Program Manager, MC, Health Services Directorate, U.S. Army Recruiting Command (USAREC), Fort Knox, Kentucky. The MC Program Manager stated that after reviewing the applicant’s case, it does not warrant changes in his previous entry grade credit as shown on his DA Form 5074-R. He explained that the Department of Defense Instruction credit of 1/2 year for each year of experience up to a maximum of 3 years of CSC may be granted for experience in a health profession, if such experience is directly used by the military service. 5. The MC Program Manager further stated that calculations of CSC will only be considered up to the board date in which the applicant was considered for selection by the MC. He added that the applicant's board convened on 5 September 2007. Therefore, the applicant's professional experience would only be considered from 25 July 2007 to 5 September 2007, a total of 2 years and 20 days under professional experience. 6. A copy of the advisory opinion was provided to the applicant for comment or rebuttal, but he failed to respond. 7. A member of the Board staff contacted USAREC in reference to the regulatory guidance supporting its statement that "…calculations of CSC will only be considered up to the board date in which the applicant was considered for selection by the MC," as cited in its advisory opinion. USAREC stated that the decision to use the board date as the through date for CSC was made years ago to streamline the process and eliminate room for error due to numerous follow ups and changing accession dates. USAREC said that the standard established ensured equality throughout the Army. 8. Department of Defense Instruction 6000.13, paragraph 6.1.2.2.5, states that credit of 1/2 year for each year of experience up to a maximum of 3 years of constructive credit may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned. Creditable experience cannot predate the receipt of licensure, registration, or certification. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows that the applicant was granted CSC for the period 25 July 2003 to 5 September 2007. As stated in the advisory opinion, calculations of CSC will only be considered up to the board date in which the applicant was selected for the MC. Although the practice of using the board date as the through date for awarding CSC is not in writing, USAREC established this policy to streamline the process and eliminate room for error. Additionally, this policy is used to ensure equality throughout the Army. Therefore, the applicant's record that shows 9 years and 20 days of CSC is correct as constituted. 2. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement. 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) AR20090009267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1