Mr. Carl W. S. Chun | Director | |
Ms. Joyce A. Wright | Analyst |
Ms. Joann Langston | Chairperson | |
Ms. Yolanda Maldonado | Member | |
Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That he be awarded additional constructive service credit for his fellowship and masters in the Academy of General Dentistry (AGD).
APPLICANT STATES: That his recruiter omitted his fellowship and masters in the AGD from item 36 (Applicants for Medical and Dental Corps Only) and item 41 (Remarks) of his DA Form 61 (Application for Appointment). He also states that he should have been awarded additional constructive service credit for his education and work experience. In support of his application, he submits copies of his: DA Form 61; DA Form 71 (Oath of Office – Military Personnel); DA Form 5074-R (Record of Award of Entry Grade Credit /Medical and Dental Officers); a memorandum from the Total Army Personnel Command (PERSCOM), dated 17 August 2001; two Continuing Dental Education Records; and a photograph copy of his fellowship and masters of AGD Diplomas.
EVIDENCE OF RECORD: The applicant's military records show he obtained a fellowship in the AGD on 29 July 1985 and masters in the AGD on 30 June 1996. He was appointed as a Reserve commissioned officer in the rank of captain/0-3 on 17 August 2001, in the Dental Corps.
The applicant provided a copy of a memorandum from PERSCOM, dated 17 August 2001, which shows that he was awarded 7 years of appropriate
constructive service credit for his education and experience. He also provided two copies of his Continuing Dental Education Record that show he continued his education prior to and after his fellowship and masters in AGD.
Item 36 and 41 of his DA Form 6 are blank. His DA Form 5074-R shows that he was awarded 7 years of appropriate constructive service credit.
In the processing of the case, an advisory opinion was obtained from the Headquarters, United States Army Recruiting Command. In view of the documents provided to correct his constructive credit awarded upon appointment as a Reserve commissioned officer of the United States Dental Corps, the opinion states that the appropriate constructive service credit of 7 years, 0 months, and 0 days was awarded for education and experience (4 years, 0 months, 0 days for professional qualifying degree and 3 years, 0 months, and 0 days for work experience). The postgraduate education provided for consideration of additional constructive service credit was in the category of continuing education. These documents indicated that the classes and/or courses met the requirements for Fellowship and Mastership Awards through the AGD's Department of Continuing Dental Education. They were non-degree producing and did not meet the definition of residency, fellowship, or equivalent graduate formal professional training (such as an internship) required by the military service that would potentially award additional constructive service credit.
The applicant was provided a copy of this opinion for possible comment prior to consideration of this case but no response was received.
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. Subparagraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.
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 applicant was awarded 7 years of appropriate constructive credit for his education and experience which resulted in appointment as a captain. His post-graduate education provided for consideration of additional constructive credit were in the category of continuing education and were non-degree producing and did not meet the definition of residency, fellowship, or equivalent graduate formal professional training required by military service that would potentially award additional service credit. Therefore, he is not entitled to any additional constructive service credit in this case.
2. 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.
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
__jl____ __ym_____ ___rd___ DENY APPLICATION
CASE ID | AR2002077933 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030315 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 229 |
2. | |
3. | |
4. | |
5. | |
6. |
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