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ARMY | BCMR | CY2003 | 2003091672C070212
Original file (2003091672C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2004
         DOCKET NUMBER: AR2003091672


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Patrick H. McGann Member
Ms. Mae M. Bullock Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests, in effect, constructive service credit (CSC) for completion of a post-doctoral fellowship during the period 15 December 1992 to 12 August 1994 and adjustment to his active duty date of rank for major.

2. The applicant states that upon completion of the United States Army Health Professions Scholarship Program, he was instructed to provide documents to determine his active duty date of rank. Prior to entering on active duty he completed a post-doctoral fellowship in Magnetic Resonance at Albert Einstein College of Medicine (15 December 1992 to 12 August 1994). At that time, he was advised to request CSC concerning his fellowship training after choosing a residency program. He also states that he is currently completing residency training in Radiology and has been selected for an Army-Sponsored Fellowship in Neuroradiology. He believes his fellowship training should have been considered during his initial CSC determination.

3. The applicant provides a letter to the Board, a Memorandum of Support, his Resume, his Officer Record Brief, his appointment letter in the fellowship program, copies of his appointment and assignment orders, his DD Form 214 (Certificate of Release or Discharge From Active Duty), and his Georgetown University Transcript.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show that he was appointed in the Reserve, Chemical Corps, as a second lieutenant effective 8 August 1986, with prior enlisted service. He entered on active duty the same day.

2. The applicant was promoted to first lieutenant effective 8 February 1988. He was separated from active duty effective 7 August 1988 and transferred to the USAR Control Group (Reinforcement).

3. The applicant was reappointed in the Reserve effective 21 July 1989. He was promoted to captain effective 7 August 1992.

4. Orders dated 11 August 1994, show that he was reassigned in the USAR for acceptance of appointment in the Medical Corps (MC).

5. Orders dated 16 march 1998, show that he was ordered to active duty in the MC Branch, as a captain, with a reporting date of 6 June 1998.




6. Orders dated 13 July 1998 amended the orders dated 16 March 1998 to change the applicant's CSC for active duty grade determination of 8 years, 0 months and 0 days to read CSC for active duty grade determination of 8 years, 4 months and 7 days.

7. Documentation submitted by the applicant shows that he was appointed as a Research Associate in the Department of Molecular Pharmacology, Albert Einstein College of Medicine effective 15 December 1992 through 12 August 1994.

8. The applicant was promoted to major with a promotion effective date and date of rank of 29 January 2000.

9. The Chief, Medical Education Department, Office of The Surgeon General, expressed the opinion that that office reviewed the documents submitted with the applicant's application for correction of his military records. DoD Instruction 6000.13, states that for entry CSC, the course of study is "Education received at an accredited college, university, or institution of medicine, dentistry, or other designated health profession, leading respectively, to a degree in such a profession." The applicant's Fellowship did not produce a degree. The applicant has been awarded full credit and is not eligible for further credit. It was recommended that the request be denied.

10. The opinion was forwarded to the applicant for rebuttal/acknowledgement on 22 September 2003. He did not respond.

11. Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department (AMEDD). This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.

12. DoD Instruction 6000.13, prescribes the policies and procedures to carryout medical manpower and personnel programs. The instruction contains guidance on granting CSC to health care professions for additional education, training, and experience. The instructions specify that CSC may be granted for education earned beyond that required for appointment and for advanced degrees earned prior to the initial appointment. It also specifies that entry CSC may be granted for a course of study at an accredited college, university, or institution of medicine, dentistry, or other designated health profession that led to a degree in such a profession.




DISCUSSION AND CONCLUSIONS :

1. In view of the circumstances in this case, the applicant is not entitled to CSC for completion of a post-doctoral fellowship and adjustment to his date of rank for major. He has not shown error, injustice, or inequity for the relief he now requests.

2. The applicant's contentions that he completed a post-doctoral fellowship and this training should have been considered during his initial CSC determination have been noted. However, the applicant's participation in the Fellowship did not lead to a degree in his profession. He would have had to complete that degree to obtain additional CSC for his active duty grade determination. He was awarded full credit in accordance with DoD Instructions and Army regulatory policy.

3. In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__js___ ___pm_____ ___mb____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  __John N. Slone_____
                  CHAIRPERSON




INDEX

CASE ID AR2003091672
SUFFIX
RECON
DATE BOARDED 20040311
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 120.00
2. 120.08
3.
4.
5.
6.


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