RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20040009728


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 awarded additional constructive
credit based on his prior service and additional schooling beyond the basic
qualifying degree.  He also requests that his date of rank be adjusted
accordingly.

2.  The applicant states that he was not given credit for over six years as
a Field Artillery officer in the Pennsylvania Army National Guard (PAARNG),
his Juris Doctorate Degree, and his Master of Public Health Degree.

3.  The applicant provides a DA Form 1506 (Statement of Service – For
Computation of Length of Service for Pay Purposes); his diploma for his
Juris Doctorate Degree; his diploma for his Master of Public Health; and
his transcripts from Tulane University and the Catholic University of
America.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted in the PAARNG, the applicant was
commissioned out of the Reserve Officers' Training Corps (ROTC) on 12 May
1989 in the Field Artillery Branch in the U.S. Army Reserve (USAR) and
assigned to the USAR Control Group (Annual Training).  He accepted
appointment in the PAARNG on 16 May 1989.  While in the PAARNG he performed
active duty during the periods 5 February through 24 June 1990 and from 16
through         29 October 1994.

2.  He was promoted to first lieutenant on 23 May 1992.

3.  On 29 May 1993, the applicant was awarded a Juris Doctorate Degree from
Catholic University of America.

4.  The applicant transferred to the USAR on 10 April 1995 and was
transferred to the USAR Control Group (Officer Active Duty Obligor).  He
attended medical school through the Health Professions Scholarship Program
(HPSP) from         16 August 1995 through 4 June 1999.

5.  The applicant was awarded a Master of Public Health Degree on 14 May
1999 from Tulane University.  His Officer Record Brief shows he was also
awarded a Doctor of Medicine Degree in 1999 from Tulane University.

6.  The applicant's original DA Form 5074-R (Record of Award of Entry Grade
Credit (Medical and Dental Officers)) is not available.

7.  The applicant was appointed a Medical Corps captain in the USAR on 5
June 1999 in specialty 61J (General Surgeon) and entered active duty on 13
June 1999.

8.  His active duty orders show he was awarded 4 years of constructive
credit.

9.  Department of the Army, U.S. Total Army Personnel Command Orders Number
215-003 dated 8 September 1999 show the applicant's active date of rank
(ADOR) to captain as 13 June 1999.

10.  In the processing of this case, a staff advisory opinion was obtained
from the Office of The Surgeon General (OTSG).  OTSG recommended the
applicant be awarded an additional 2 months and 17 days of constructive
credit for his prior active service as a Field Artillery officer in the
PAARNG from 5 February 1990 to 24 June 1990 and 16 October 1994 to 29
October 1994.  This office did not recommend the applicant be awarded
additional constructive credit for his Juris Doctorate Degree and Masters
of Public Health Degree.

11.  The opinion states the applicant completed coursework at Tulane
University toward his Master of Public Health Degree from the summer of
1995 through the fall of 1996.  He was also enrolled in and completed
coursework toward his medical degree during this same period of time.  The
opinion references Department of Defense Instruction (DODI) 6000.13 which
instructs that, "the additional degree must add adjunctive skills to the
primary specialty and must contribute directly to performance in the
anticipated position in the Military Service concerned."  The opinion
states the applicant was appointed to the Medical Corps and his Juris
Doctorate Degree does not directly relate to his Medical Corps appointment.
 In addition, the opinion references DODI 6000.13 which instructs that, "a
period of time shall be counted only once when computing entry grade
credit…"  The applicant's Master of Public Health Degree was earned
concurrently with coursework toward his primary qualifying medical degree
and he cannot be granted additional credit beyond that he was given for his
medical degree.

12.  A copy of the advisory opinion was forwarded to the applicant.
However, he did not respond within the allotted timeframe.

13.  Department of the Army, U.S. Army Human Resources Command Order Number
137-035 dated 17 May 2005 promoted the applicant to the rank of major with
an effective date and date of rank of 13 June 2005.

14.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), effective15 February
1984, provides policy for the appointment of reserve commissioned officers
for assignment to Army medical branches.  In pertinent part, it states the
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.  Except as limited by maximum credit limits,
entry grade credit granted will be the sum of constructive service credit
and the credit for prior active commissioned service.  Additional credit
may be granted 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.  For Medical Corps
officers, four years of constructive credit will be granted for completion
of a doctorate degree and one year credit for each year of additional
advanced degrees.

15.  DODI 6000.13, paragraph 6.1.1.2. states credit for prior service as a
commissioned officer on active duty or in an active status, but not in the
corps or professional specialty in which being appointed, shall be awarded
one-half day of credit for each day served in the case of individuals
seeking an original appointment as a health professions officer.

16.  DODI 6000.13, paragraph 6.1.2.2.1 states four years of constructive
service credit shall be granted for completion of first professional
degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or
D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.),
and pharmacy (Ph.D.).

17.  DODI 6000.13, paragraph 6.1.2.2.6 states 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.  The amount of credit shall be one year for each
year of special education or experience.

18.  Title 10, United States Code, section 101(d)(4) defines the term
"active status" as the status of a member of a reserve component who is not
in the inactive Army National Guard or inactive Air National Guard, on an
inactive status list, or in the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed in the USAR on
12 May 1989 and subsequently served in the PAARNG as a Field Artillery
officer from 16 May 1989 to 9 April 1995.  He transferred to the USAR on 10
April 1995 and remained in this component until he attended medical school
on HPSP on
16 August 1995.

2.  The applicant was awarded a Juris Doctorate Degree in 1993, a Master of
Public Health Degree in 1999 and a Doctor of Medicine Degree in 1999 prior
to his appointment in the Medical Corps.  He was reappointed in the Medical
Corps on 5 June 1999 in the rank of captain.  At that time, he was awarded
4 years of constructive credit based on his Doctor of Medicine Degree
(qualifying degree).

3.  There is insufficient evidence to show the applicant's Juris Doctorate
Degree relates directly to his Medical Corps appointment or to his current
assignment as a General Surgeon.  In addition, his Master of Public Health
Degree was earned concurrently with coursework toward his primary
qualifying medical degree and he cannot be granted additional credit beyond
that he was given for his medical degree.

4.  OTSG recommended the applicant be awarded an additional 2 months and 17
days of constructive credit for his prior active service as a Field
Artillery officer in the PAARNG from 5 February 1990 to 24 June 1990 and 16
October 1994 to 29 October 1994.  However, it appears OTSG based this
recommendation on the applicant's prior active duty as a Reserve component
Field Artillery officer and not on his entire active status service as a
Reserve component Field Artillery officer.

5.  In accordance with DODI 6000.13, paragraph 6.1.1.2, credit for prior
service as a commissioned officer on active duty or in an active status,
but not in the corps or professional specialty in which being appointed,
shall be awarded one-half day of credit for each day served in the case of
individuals seeking an original appointment as a health professions
officer.  The applicant should have been granted additional constructive
credit for his Reserve component service as a Field Artillery officer from
12 May 1989 to 15 August 1995.

6.  Calculations show the applicant should be awarded an additional 3
years, 1 month and 17 days of constructive credit based on his total
service as a Reserve component Field Artillery officer in an active status.
 Therefore, it would be equitable to adjust the applicant's constructive
credit to show he was awarded a total 7 years, 1 month and 17 days of
constructive.  This correction would also necessitate an administrative
correction to the applicant's date of rank to captain and earlier
consideration for promotion to major.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JA______  JM______  LD______  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 partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he entered active duty on 13 June 1999 as
a captain with 7 years,
1 month and 17 days of constructive credit.

2.  Upon completion of the above correction, the applicant should be
reconsidered for promotion to major by a special selection board(s) as
appropriate.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
additional constructive credit for his Juris Doctorate Degree and Master of
Public Health Degree.




                                  James Anderholm_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009728                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |112.0700                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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