MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2001064933

         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Regan K. Smith		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)

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APPLICANT REQUESTS: That he be given 18 months of constructive credit for his years of practice as a chiropractor after he graduated from osteopathic medical school and before he went on active duty.

APPLICANT STATES: That rule 5, table 3-1, Army Regulation 135-101 has previously been applied by the Board to grant constructive credit for a physical medicine resident with prior clinical experience as a chiropractor. The applicant is currently a physical medicine resident and continues to use his manipulative skills developed during his years of practice as a chiropractor. The types of patient problems he deals with on a daily basis as a physical medicine resident, such as neck and low back pain, allows him to continue to use the evaluation and treatment skills he developed as a chiropractor for his patients’ benefit. He is often asked to treat other residents’ and staffs’ patients with manipulation. Evidence is as listed on the DD Form 149.

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

He graduated from Western States Chiropractic College. His license to practice chiropractic medicine was first issued on 27 August 1992. He graduated from medical school in 1999. He was ordered to active duty on orders issued 15 March 1999. Those orders noted that he had been awarded constructive credit for his time (4 years) in medical school only. He entered active duty as a captain. His Officer Evaluation Report (OER) for the period ending 3 June 2000 lists his specialty as 62B (Field Surgeon). His OER for the period ending 30 June 2001 lists his specialty as 61P (Physiatrist). Army Regulation 611-101 describes the duties of a Physiatrist as planning, establishing and directing physical medicine program at a medical installation.

The applicant provides a 5 November 2001 letter of support from the Director, Residency Training, Physical Medicine, and Rehabilitation. The Director states that the applicant’s chiropractic skills have been indispensable in the management of a multitude of patients within the physical medicine and rehabilitation clinic. In addition, his skills have allowed him to teach both other residents and attending physicians manual medicine skills to improve the academic program and the quality of care rendered in this clinic.

The applicant provides a 7 November 2001 letter of support from the Chief, Manipulative Medicine, Physical Medicine, and Rehabilitation. The Chief states that the applicant’s skills as a practicing chiropractor have been very valuable in the outpatient clinic and he has demonstrated outstanding manipulative skills.

The applicant’s OER for the period ending 3 June 2000, on which his specialty is listed as 62B and during which period he performed duties as a transitional year resident, does not mention the use of his chiropractic skills.

The applicant’s OER for the period ending 30 June 2001, on which his specialty is listed as 61P and he performed duties as a PGY-2 Physiatry resident, does not mention the use of his chiropractic skills.

In the processing of this case, an advisory opinion was obtained from the Graduate Medical Education Directorate, Office of the Surgeon General. That office opined that it has consistently not granted entry grade credit for health care degrees, including dentistry, veterinary medicine and/or optometry. Some considerations which support denying entry grade credit for other health care degrees are that: no unique qualification is added; it does not result in medical school credit; it does not shorten any residency; does not add adjunctive skill to internship training; and does not result in any special consideration in the civilian sector. That office did not believe that newly-appointed medical school and residency graduates meet the criteria for constructive credit.

A copy of the advisory opinion was provided to the applicant. He responded by stating that the opinion did not address the basis for his request – that he be granted constructive credit for his years in practice as a chiropractor, not for his degree in chiropractic. He again states that his situation is the same as the cited precedent case in which the Board granted relief.

Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches. In pertinent part, it provides that a physician may be awarded constructive service credit for an additional advanced degree (other than medical or osteopathic) if that degree contributes adjunctive skills to the primary specialty and if it was not earned at the same time as the basic qualifying degree. Rule 5, table 3-1 provides that credit for full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after qualifying degree is awarded based one-half year for each year of experience up to a maximum of 3 years.

In the “precedent” case cited, that applicant had provided evidence to show he had been appointed as the physician supervisor from the Physical Medicine and Rehabilitation Department for the Chiropractic Clinic located at Walter Reed Army Medical Center and that he was also in charge of quality improvement for the Chiropractic Clinic. He had OERs that mentioned he “applied his expertise and experience as a prior practicing chiropractor toward his ever-expanding treatment options for his patients” and “his teaching and utilization of chiropractic is a definite plus for the program.” The Deputy Assistant Secretary of the Army (Army Review Boards) granted relief, even though the category of chiropractor is not listed in rule 5, table 3-1, based on the specific facts presented in this case.

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, 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 on unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board evaluates each case on its own merits. While past actions (i.e., the granting or denying or relief) may be considered, the Board does not acknowledge “precedent” cases as such. The Board notes the two letters of support provided by the applicant; however, neither of the two OERs he provides as support mention that his previous chiropractic experience has been used in his assigned duties. The Board does not feel that the degree to which his chiropractic experience is currently being used is as great as his cited “precedent” case’s experience was to his duties.

3. 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

__wtm___ __clg___ __rks___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001064933
SUFFIX
RECON
DATE BOARDED	20020402
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	102.08
2.
3.
4.
5.
6.