| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That he be awarded constructive service credit for retired pay purposes for his Doctor of Optometry (OD) degree.
APPLICANT STATES: That he graduated from the University of Houston College of Optometry with a doctorate in Ophthalmology. In support of his application, the applicant submitted a copy of his Diploma from the University of Houston awarding him a Doctor of Optometry Degree.
EVIDENCE OF RECORD: The applicant's military records show:
After graduating from the University of Oklahoma, he was commissioned and appointed a Second Lieutenant, Armor, United States Army Reserve (USAR) on 4 August 1968. He remained in the USAR Control Group from 4 August 1968 to 8 October 1968.
The applicant entered active duty on 9 October 1968 as a Second Lieutenant, Medical Services Corps (MSC), USAR. On 16 October 1968, he was nominated by the President and confirmed by the Senate as a Second Lieutenant, MSC, Regular Army (RA). He served on active duty as a RA officer until separated with an honorable discharge on 23 August 1972. He was transferred to the USAR effective 24 August 1972.
In August 1972, the applicant attended the University of Houston School of Optometry. At this time, he maintained his military affiliation as a USAR officer. On 15 May 1976, he graduated from the University of Houston School of Optometry with an OD degree.
The applicant transferred from the USAR to the Oklahoma Army National Guard (OKARNG) on 19 May 1977 where he served until separated on 15 September 1979. From 16 September 1979 until 17 June 1982, he was once again in the USAR.
The applicant entered the Oklahoma College of Osteopathic Medicine and graduated with a Doctor of Osteopathy (DO) degree on 13 June 1982. He then entered active duty on 18 June 1982 as a Major, Medical Corps (MC), USAR.
Orders Number A-03-005301, USAR Personnel and Administration Center (USARCPAC), dated 10 March 1982, effective 18 June 1982, ordered the applicant to active duty in the rank of captain (sic) for a period of 4 years. He was assigned to Tripler Army Medical Center, Honolulu, Hawaii, to attend the First Year Graduate Medical Education Program. He was awarded 6 years of constructive service credit. On 30 April 1982, Orders Number A-03-005301 was amended to reflect that the applicant was awarded 6 years and 10 days of constructive service credit.
The applicant served on active duty until separated in the rank of Lieutenant Colonel, MC, on 30 September 1989. On 1 October 1989, he once again reverted to the USAR until returning to active duty on 28 August 1990. He is currently on active duty in the rank of Colonel, having been promoted on 7 February 1995.
In the processing of this case, an advisory opinion was obtained from the Medical Education Directorate, Office of The Surgeon General, Falls Church, Virginia. The staff of the Medical Education Directorate opined that, after carefully reviewing the applicant's Doctor of Optometry degree to determine if further credit was warranted, they did not support his request. The opinion stated that the Medical Education Directorate consistently has not granted entry grade credit for health care degrees and that the Directorate plans to retain this limited view based on its interpretation of the Department of Defense Instruction (DODI) 6000.13. This directive states that "Additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of the Military Department. As determined by the Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers." The applicant was provided a copy of this advisory opinion and notified of his right to submit a rebuttal within 30 days from the date of the letter (3 May 2002) forwarding the rebuttal. The applicant has not submitted a rebuttal as of 8 July 2002.
Army Regulation 135-101 provides the policy and sets forth the procedures for Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty. General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service. Constructive credit for professional experience and advanced (not basic qualifying degrees is awarded on a basis of ½ year credit per year of experience with a total of 6 years credit possible in unusual cases. The maximum entry credit for Medical Corps and Dental Corps Officers is normally 14 years. A basic principle provides that no period of time may be counted more than once. Entry grade credit (constructive service credit) is use only to determine entry rank and date of rank, which controls time in grade and promotion eligibility while on active duty.
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 or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The Board noted the applicant's contention; however, the evidence of record indicates the applicant graduated from the University of Houston with a Doctor of Optometry (OD) degree and not a Doctor of Ophthalmology (DO) degree. It also shows that the applicant completed residency training in Ophthalmology at Walter Reed Army Medical Center.
3. Army Regulations specify that constructive service credit is not considered creditable service for the purpose of qualifying for retired pay or for other retired pay computations. This service is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.
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
__aao___ __kah___ __tl____ DENY APPLICATION
| CASE ID | AR2002067376 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020730 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080010194
Counsel requests, in effect, that the applicant be afforded the following: a. that the applicants records be corrected to provide him 4 years of additional constructive service credit for his Doctor of Optometry (OD) and his Master of Science (MS) in addition to the constructive credit that he received for his Doctor of Medicine (MD). At the time of his appointment to the Medical Corps, the applicant received 4 years of constructive credit from the Army for his MD degree. The applicant...
ARMY | BCMR | CY2005 | 20050003945C070206
Counsel requests, in effect, that the applicant be awarded 4 years of additional constructive service credit (CSC) for his Doctor of Medicine degree; promotion consideration to major by a special selection board (SSB) based on an adjusted date of rank for captain; and, if selected for promotion to major by a board prior to the Army Board for Correction of Military Records (ABCMR) correcting his records, his promotion to major be backdated to the date he would have been promoted had he...
ARMY | BCMR | CY2012 | 20120000150
The applicant states: a. information concerning his civilian professional biochemistry experience was inadvertently omitted in the constructive service credit section of his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)). In accordance with USAREC Regulation 601-37, constructive credit is calculated up to the date of board, which was 14 April 2009. c. in reference to his additional credit for work experience after he graduated from the University of...
ARMY | BCMR | CY2007 | 20070011479
Section 6.1.2.2.5 provides that credit of one half 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. Paragraph 6.1.2.2.2. of DODI 6000.13 states that credit for masters and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional degree, shall be awarded based on...
ARMY | BCMR | CY2001 | 2001058619C070421
APPLICANT REQUESTS: That he be granted additional constructive credit for his Doctor of Veterinary Medicine (DVM) degree. The applicant cited a precedent case wherein the Board awarded a prior service veterinarian, who returned to active duty as a medical doctor, constructive credit for his veterinarian degree. Both projects require the use of sophisticated animal model systems.” The Graduate Medical Education Branch, Office of the Surgeon General had disapproved an earlier request from...
ARMY | BCMR | CY2005 | 20050004554C070206
The applicant states that, in accordance with Army Regulation 135-101, section 3-4, he should have received 6 years of constructive credit for active duty grade determination instead of 4 years for his Master of Science Degree in Pathology. The opinion did not recommend that the applicant be granted additional constructive credit. The evidence of record shows the applicant was awarded a Master of Science Degree in Pathology in 1998 and a Doctor of Medicine Degree in 2002 prior to his...
ARMY | BCMR | CY2013 | 20130017897
Credit should be awarded on a year-for-year basis for his American Psychological Association (APA) accredited internship conducted from 1 July 2008 to 30 June 2010. c. Items 18 to 21 (Basis for Award), (Inclusive Dates), and (Credit Awarded), respectively, of Section D (Credit for Professional Experience) for additional credit awarded in unusual cases. In all, the applicant was awarded a total of 5 years, 1 month, and 9 days of CSC. The evidence of record shows the applicant was awarded a...
ARMY | BCMR | CY2008 | 20080001396
The applicant states that he was awarded one-half credit instead of full credit (i.e., day-for-day credit) for his commissioned service in the Medical Service Corps (MSC) performed prior to his appointment as a commissioned officer in the Army Medical Specialist Corps (AMSC). Additionally, section 6.1.1.1 states that service on active duty or in an active status as a commissioned officer in any of the Uniformed services, in the corps or professional specialty in which being appointed, shall...
ARMY | BCMR | CY2006 | 20060003583C070205
The applicant’s DA Form 5074-R (Record of Entry Grade Credit (Medical and Dental Officers) dated 6 October 2003 shows he received 4 years credit for his basic medical education degree as a Doctor of Medicine. 6.1.2.2.2. Credit for master’s and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to two years for a master’s degree and...
ARMY | BCMR | CY2010 | 20100020868
The applicant provides the following: * DA Form 5074 (Record of Award of Entry Grade Credit (Health Services Officers), dated 4 December 2009 * Academic Transcript, University of California-Davis, dated 14 September 2007 * Transcript of Record, University of California Extension-Irvine, dated 2 August 2010 CONSIDERATION OF EVIDENCE: 1. The opinion states the applicant appropriately received 25 days of constructive service credit for his professional work experience that commenced on 1...