RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 May 2005
DOCKET NUMBER: AR20040007297
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Leonard G. Hassell | |Member |
| |Ms. Laverne V. Berry | |Member |
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 that he be granted additional constructive
service credit.
2. The applicant states that physicians with less military and less
professional training have been given more credit.
3. The applicant provides his appointment packet, his Curriculum Vitae
with update, a letter of approval of credentials, and school and training
transcripts and certificates.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Board. This
case is being considered using reconstructed records which primarily
consist of the documents provided by him.
2. The applicant completed medical school in July 1978, completed his
internship in November 1981, and completed his residency in psychiatry in
October 1983. He was appointed a Medical Corps captain in the U. S. Army
Reserve on 7 June 2000. It cannot be determined how much constructive
service credit he was awarded at that time. He was promoted as a Reserve
major effective 21 January 2003.
3. In the processing of this case, an advisory opinion was provided by the
Medical Corps Division, U. S. Army Recruiting Command. That office
recommended the applicant be awarded constructive service credit of 16
years in accordance with Department of Defense Instruction (DODI) 6000.13,
paragraph 6.1.2.2.6 and that his entry grade be amended to read major.
(That office awarded him, in addition to credit for his basic degree,
internship, and residency, 3 years credit for professional experience and 6
years credit for additional experience). That office noted that
constructive credit is not awarded for foreign graduate medical training
and experience or clinical research fellowships. That office requested his
records be updated and his primary promotion year group be adjusted as
appropriate.
4. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. He did not respond within the given timeframe.
5. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), paragraph 3-1 states
that grade and date of rank upon original appointment and assignment in an
Army Medical Department branch will be determined by the number of years of
entry grade credit awarded. Paragraph 3-2 states that an officer who is
awarded 7 years or more but less than 14 years of entry grade credit will
be appointed as a captain and who is awarded 14 years or more but less than
21 years of entry grade credit will be appointed a major.
6. DODI 6000.13 (Medical Manpower and Personnel), paragraph 6.1.2.2.6
states that additional credit in unusual cases, based on special education
or experience, can be granted by the Secretary of a Military Department or
designee. As determined by Service needs, the additional credit applies to
individuals with unique qualifications that are beyond normal requirements
for appointment as commissioned officers.
DISCUSSION AND CONCLUSIONS:
In accordance with the advisory opinion, it would be equitable to correct
the applicant's records to show he was awarded 16 years of constructive
service credit and appointed as a major.
BOARD VOTE:
__jea___ __lgh___ __lvb___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief. As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing he was awarded 16 years of constructive service credit
upon initial appointment in the Medical Corps and was appointed as a major.
2. That if the above correction causes him to be eligible for promotion
consideration to a higher grade, his records should be placed before a
promotion special selection board under the appropriate criteria and, if
selected, he should
be promoted on the earliest date he becomes eligible, provided he is
otherwise qualified, with entitlement to any back pay and allowance flowing
from these corrections.
__James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20040007297 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050505 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |102.08 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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