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ARMY | BCMR | CY2004 | 2004100680C070208
Original file (2004100680C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  15 July 2004
      DOCKET NUMBER:  AR2004100680


      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. Roger Able                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Marla Troup                   |     |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, appointment in the United States
Army Reserve (USAR), Army Medical Department (AMEDD) in the grade of major
or lieutenant colonel.

2.  The applicant states that at the time of his commission he had been
practicing as a doctor of Veterinary Medicine for 20 years and 11 months
and according to the AMEDD website he should have been entitled to a higher
grade than that of a new graduate.  He also states that he was advised that
he would be commissioned as a major or lieutenant colonel, but was
commissioned as a captain.  He was further advised that his rank would
change after he completed the officer basic course (OBC) and his present
commander would like him to carry a higher rank.  He further states that he
was a practicing medical technologist for 6 years prior to graduating from
Veterinary school.  Since this may not count as constructive service credit
(CSC), it should be noted somewhere that he holds this qualification.

3.  The applicant provides copies of his Doctor of Veterinary Medicine
Degree certificate, his Bachelor of Science Degree certificate, and his
State of Colorado and State of Wyoming Veterinary License certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
USAR, Veterinary Corps (VC), as a captain effective 24 April 2002, with
7 years, 0 months, and 0 days CSC.

2.  His DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health
Services Officers)), dated 1 May 2002, shows that he was awarded 4 years
CSC for his basic qualifying degree (Doctor of Veterinary Medicine) and 3
years CSC for professional experience (Veterinary License) for the
timeframe 17 February 1982 through 17 April 2002.  The 7 years CSC was
applied towards his entry grade of captain.

3.  Army Regulation 135-101, prescribes the policies, procedures, and
eligibility criteria for appointment of commissioned officers in the
Reserve in the 6 branches of the AMEDD.  This regulation specifies that
with award of 7 years or more, but less than 14 years CSC, the entry grade
would be the grade of captain.  Authorized CSC in excess of the minimum
required for appointment to the appropriate grade would be used to adjust
the date of rank within that grade.

4.  The regulation also specifies that 3 years of CSC may be awarded for
doctorate level credit in the degree of Doctor of Veterinary Medicine, with
additional credit of 1 year for certain circumstances.

5.  Army Regulation 135-101 further specifies that additional CSC may be
granted for of special education or professional experience in the
specialty in which assigned when experience in accrued after qualifying
degree and licensure.  One-half year CSC may be awarded for each year of
experience up to a maximum of 3 years credit for appointment in the VC.
Credit is given only for the highest degree achieved in a particular field
and a period of time will only be counted/awarded once.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been appointed in the rank
of major or lieutenant colonel as opposed to a captain because he spent
over 20 years practicing as a doctor of Veterinary Medicine and practicing
as a medical technologist for 6 years.  However, Army regulations show that
an individual with a Doctorate of Veterinary Medicine as the basic
qualifying degree is entitled to award of 4 years CSC.  The regulation
further stipulates for award of 3 years additional CSC for a Veterinary
License by computing one-half year CSC for each year of experience for up
to a maximum of 3 years credit.

2.  The applicant was appropriately credited with the correct amount of CSC
consistent with Army regulations; therefore, he was not entitled to award
of additional CSC.  Based on the applicant's total award of 7 years CSC, he
was appropriately appointed in the rank of captain.

3.  In view of the foregoing, the applicant is not entitled to appointment
in the USAR in the grade of major or lieutenant colonel.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ra____  ___ja___  ___mt_____  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.




            _____Roger Able
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100680                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040715                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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