| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that he be granted constructive credit for his three years of service in the Korean Army as a dental officer, and that his date of rank (DOR) to captain/0-3 (CPT/0-3) be adjusted to 15 December 1998.
APPLICANT STATES: In effect, that his DOR does not reflect his graduate professional education. In support of his application, he submits a Dental Radiology Certificate from the University of Alabama School of Dentistry and his School of Dentistry college transcript from the University of Michigan.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant is presently serving as a dental officer in the United States Army Reserve (USAR) as a CPT/0-3, and he is assigned to the 919th Medical Detachment, Denver, Colorado.
In the processing of this case, an advisory opinion was obtained from the Chief, Specialty, Veterinary Corp, and Dental Corp Branch, Health Services Directorate, United States Army Recruiting Command (USAREC), Fort Knox, Kentucky. It indicates that the Dental Radiology Certificate provided by the applicant in support of his request for constructive credit was completed from 1 August 1986 to 1 July 1967, which was prior to his earning his Doctor of Dental Surgery (DDS) degree from the University of Michigan in May 1990. Since the Dental Radiology Certificate was earned prior to his being awarded a DDS, it does not qualify for additional educational credit. By regulation, in order for the applicant to be eligible to receive additional credit for the Dental Radiology Certificate, he would have had to complete the Dental Radiology course subsequent to earning his DDS. The opinion further states that the applicant’s dental school transcript indicates he started dental school in August 1987, and completed the Dental Radiology Certificate program in July 1987. He was awarded the four years of service credit for his DDS degree even though his dental transcript indicated actual attendance for only three years. It further indicated that by regulation, credit for profession experience is granted half a year for each year, up to three years and that the applicant was awarded the maximum three years of constructive credit allowed for his professional experience from 1 June 1991 to
1 December 1999. The advisory opinion also indicates that the three years service in the Korean Army the applicant completed as a dental officer does not qualify him for additional constructive credit in accordance with the applicable policy and regulation.
Finally, after careful consideration of the applicant’s request and the supporting evidence he provided, USAREC officials recommend that the applicant’s request be denied, since he was awarded the appropriate amount of constructive credit, seven years, four years for his education and three years for his experience. Further, the Dental Radiology Certificate he provided does not authorize additional constructive credit because he completed it prior to earning his DDS.
On 14 August 2002, the applicant was forwarded a copy of the USAREC advisory opinion in order for him to provide his comments or rebuttal. To date, he has failed to respond.
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. Chapter 3 pertains to entry grade credit
for Reserve appointment grade determination. It states, in pertinent part, that
grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry grade credit awarded. It also states that entry grade credit will be the sum of constructive service credit and credit for prior active commissioned service.
Table 3-1 provides that Army Medical Corps officers are granted one-half year
of credit for each year of experience up to a maximum of three years. It also indicates that additional credit for special education or professional experience in the specialty in which assigned may be granted, when that experience is accrued subsequent to the member earning the qualifying degree and license. It further specifies that no credit will be given for practice outside of the United States.
Paragraph 3-2 provides that if entry grade credit is 7 years or more, but less than 14 years, the entry grade for officers not ordered to active duty will be CPT/0-3.
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(s), it is concluded:
1. The Board notes the applicant’s contention that his CPT/0-3 DOR should be adjusted and that he should be granted additional constructive credit based on his three years of service as a dental officer in the Korean Army. However, it finds an insufficient evidentiary basis to support this claim.
2. The evidence of record confirms that the applicant was appointed a CPT/0-3 with the proper DOR and was granted seven years of constructive credit for his basic qualifying degree and experience in accordance with the applicable regulatory guidance in effect at the time of his appointment. In addition, the USAREC advisory opinion confirms that his CPT/0-3 DOR is correct based on the constructive credit he was entitled to based on his education and experience at the time of his appointment.
3. Lacking independent evidence to the contrary, the Board concludes that the applicant’s DOR and the constructive credit awarded to him upon his appointment is correct. Therefore, the Board concludes that the requested relief is not warranted in this case.
4. 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.
5. 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
__FNE__ _ _LE __ __ TL __ DENY APPLICATION
| CASE ID | AR2002073610 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/21 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.0700 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050017311C070206
The applicant’s DA Form 61 dated 8 July 1998 shows he was an Oral Surgery Resident at the Montefiore Medical Center from 1 July 1997 to the present date. On the date of his appointment, he was awarded 4 years of constructive credit for his D.M.D.. 4. Table 3-1 of Army Regulation 135-101 states that Dental Corps officers may be granted one year constructive credit for successful completion of approved postgraduate education in dentistry or dental specialty in which assigned and creditable...
ARMY | BCMR | CY2006 | 20060012123
In this message, the MC career advisor confirms the applicant's PHD in Nutrition is adjunct to his profession and that it was obtained prior to completion of his medical degree; therefore, he should have been awarded constructive service credit at the time of his appointment. The evidence of record contains a January 2005 e-mail from an AHRC MC Career Advisor, which confirms the applicant's PHD in Nutrition adds adjunct skills to his profession. As a result, the Board recommends that all...
ARMY | BCMR | CY2007 | 20070015730
The applicant requests, in effect, that his records be corrected to show his Basic Active Service Date (BASD) (i.e. Constructive Service Credit) as 5 November 2001 and his entry grade be changed from captain (CPT) to major (MAJ), based on 44 days of prior commissioned service credit for completion of the Officer Basic Course, successful completion of graduate medical education (GME), and board certification. The applicant contends that his records should be corrected to show his BASD as 5...
ARMY | BCMR | CY2011 | 20110024394
An additional 4 months can be awarded for his fellow time (August through December 1999); and f. work experience: DODI 6000.13, section 6.1.2.2.5, states "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 directly used by the Military Service concerned." In conclusion, the MC Program Manager recommended that the applicant's total constructive credit be adjusted to reflect 9 years, 9 months, and 5 days with an...
ARMY | BCMR | CY2010 | 20100023478
The applicant provides: * A self-authored statement * Active Duty Orders * DA Form 71 (Oath of Office - Military Personnel) * Academic Record for Alliant International University * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2004 * Order Number 310-002, dated 6 November 2007 * E-mail communications exchanged with three individuals * Order Number 310-002, dated 7 April 2008 * DA Form 5074-1-R, dated 14 May 2007 * Request for Correction of...
ARMY | BCMR | CY2013 | 20130002300
The applicant requests additional constructive service credit for a master's degree to ratify her rank as captain (CPT). The advisory opinion states she qualifies for 2 years of constructive credit for her master's degree that was not annotated on her constructive credit form and the total constructive credit awarded meets the active duty phase line for the rank of CPT. Therefore, her military records should be corrected to show she received a total of 2 years of constructive service...
ARMY | BCMR | CY2010 | 20100017633
e. The advisory opinion states that the governing directive provides 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. d. paragraph 6.1.2.2.5 provides 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...
ARMY | BCMR | CY2015 | 20150000707
The applicant requests correction of her records to show she was granted constructive service credit (CSC) in recognition of her 2-year Master of Business Administration (MBA) for the entry-level grade determination of her date of rank (DOR) as a captain (CPT)/O-3 upon entry into the U.S. Army Medical Services (MS) Corps. The evidence shows she subsequently completed medical school at Kansas City University of Medicine and Biosciences, earning her Doctorate of Osteopathy (D.O.) In this...
ARMY | BCMR | CY2012 | 20120014975
The applicant states: * her original DOR to the rank of captain (CPT) was 1 May 2005 * she was selected for the Funded Nurse Education Program (FNEP) and began the program on 10 December 2007 * as a condition of the program, she transferred branches to the Army Nurse Corps (ANC) after she received her nursing degree on 30 August 2009 * her DOR was then recalculated * before her DOR was adjusted, she was selected for promotion to the rank of major (MAJ) * after the U.S. Army Human Resources...
ARMY | BCMR | CY2011 | 20110009451
Army Regulation 135-101, paragraph 3-1 (Entry grade credit for Reserve appointment grade determination), states grade and date of rank upon original appointment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. d. Table 3-1, 3. Credit for Graduate Professional Education, shows for successful completion of approved postgraduate education in dentistry or dental specialty in which assigned and creditable toward certification, 1 year of credit is...