| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Margaret V. Thompson | Member |
APPLICANT REQUESTS: That his records be corrected to show that he was credited with 16 years of constructive service, instead of the 15 years he was given.
APPLICANT STATES: He was told by his recruiter that he would receive 16 years of constructive service. He believes he should have been credited with 4 years for medical school, 1 year for 5th Pathway, 3 years for internal medicine residency, 3 years for cardiology fellowship, and 7 ¾ years for private practice.
EVIDENCE OF RECORD: The applicant's military records show:
He was commissioned as a major, US Army Reserve (USAR), on 20 April 2001, based on 15 years of constructive service credit.
On the date the applicant submitted his request to the Board, he was serving in the USAR as a major.
In the processing of this case, an advisory opinion was obtained from the US Army Recruiting Command (USAREC). The USAREC stated that the applicant was awarded the proper amount of constructive service credit. He was denied credit for his time in the 5th Pathway because credit for training may not exceed that required for certification in the specialty. The 5th Pathway is not normally needed for certification in a specialty. The USAREC recommends that the applicant’s military records remain unchanged. The applicant was provided a copy of this advisory opinion and was given an opportunity to respond. He opted not to provide the Board with any additional evidence or argument.
Army Regulation 135-101 provides the policy and sets forth the procedures for the 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 1/2 year credit per year of experience with a total of 6 years credit possible in unusual cases. The maximum entry grade 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 that once. Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.
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. All evidence of record indicates that the applicant was properly awarded 15 years of constructive service credit, which is 1 year greater than that which is normally allowed.
2. The applicant’s attendance of 5th Pathway does not qualify for constructive service credit because it was not required for him to receive his medical degree.
3. The foregoing conclusions are consistent with the advisory opinion obtained from the USAREC.
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
___mhm _ ___mvt__ ____rjw__ DENY APPLICATION
| CASE ID | AR2003084048 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030930 |
| 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. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003091270C070212
The applicant provides: his appointment as an Reserve Commissioned Officer; his Air Force and Army DD Forms 214; the orders recalling him to active duty; excerpts from his military records; and documents showing that he was granted two Master degrees, one in Electrical Engineering in 1989, and one in Education in 1981. On the date he submitted his request, he was serving on active duty as a major. The USAREC stated that the applicant is not authorized constructive service credit for his...
ARMY | BCMR | CY2002 | 2002073610C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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...
ARMY | BCMR | CY2005 | 20050004566C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that he be awarded additional constructive credit based on his professional experience and that his rank be adjusted accordingly. The applicant's DA Form 5074-R shows he was awarded 4 years of credit for his Doctor of Medicine Degree, 1 year of credit for his internship, 2 years of credit for his residency, and 3 years of...
ARMY | BCMR | CY2006 | 20060009874
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant disagreed with the opinion from USAREC and provided a DA Form 5074-R showing total credit awarded as 27 years. Army Regulation 135-101 states, in pertinent part, entry grade credit awarded to AMEDD officers upon appointment or assignment will be recorded on a DA Form 5074-R. Computation will be completed at the U.S. Army Medical Department Personnel Support Agency...
ARMY | BCMR | CY2007 | 20070017299
The applicant's DA Form-5074-R, dated 10 August 2006, shows that he was granted 13 years of appropriate CSC. Paragraph 6.1.2.2.1. states four years of CSC shall be granted for completion of first professional degrees that include medical (M.D. Paragraph 6.1.2.2.5. states credit of one-half year for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service...
ARMY | BCMR | CY2005 | 20050004132C070206
Gerald J. Purcell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DA Form 5074-R shows that the applicant received entry grade credit for the following training: 4 years for his basic qualifying degree, 1 year for his internship, 6 years for graduate professional education, 3 years for professional experience, 2 years for his training experience in unusual cases, and 3 years for prior active commissioned service for...
ARMY | BCMR | CY2004 | 20040010872C070208
Carman Duncan | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This regulation provides that officers will be granted constructive service credit for professional training and experience accrued after receipt of the basic qualifying degree [emphasis added]. It was also noted that, at the time of the applicant's appointment Army Regulation 135-101 provided the basic guidance and specified that credit was not given for...
ARMY | BCMR | CY2009 | 20090015818
Application for correction of military records (with supporting documents provided, if any). The applicant requests his record be corrected by awarding him 20 years of constructive service credit based on his experience as a physician assistant (PA). The applicant's official military personnel file contains a DA Form 5074-1-R (Record of Award of Grade Credit Health Services Officers), dated 8 December 2008, prepared during his appointment processing.
ARMY | BCMR | CY2006 | 20060006390C070205
The applicant provides a 13 June 2000 letter from the Director, Health Services, Headquarters, U. S. Army Recruiting Command (USAREC); a 13 June 2000 letter from the Military Personnel Staffing Technician, 5th Recruiting Brigade, U. S. Army Medical Department Detachment; a letter to the Board dated 16 April 2006; the first page of an undated letter from the U. S. Army Human Resources Command – St. Louis, Subject: Consideration for Captain and Major Army Medical Department Selection Board;...
ARMY | BCMR | CY2005 | 20050012473C070206
He was awarded 3 years and 6 months of constructive credit for active duty grade determination purposes. In his rebuttal, the applicant went on to state that AR 135-101 Table 3-1 number 6, in total, provides for additional credit in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable, and that experience of 1/2 year less earns no credit (see notes, 5, and 6.) ...