RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 August 2004
      DOCKET NUMBER:  AR2004102693


      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:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. John P. Infante               |     |Member               |

      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 reconsideration of his earlier request that he
be awarded additional constructive service credit.

2.  The applicant states, in effect, that he completed a Master of Science
degree prior to entering medical school.  The dates of his education were
the only issue. His case was boarded before he could get the issue
resolved.

3.  The applicant provides a letter from the Professor and Chair,
Department of Obstetrics and Gynecology and Program Director, National
Capital Consortium Uniformed Services Residency in Obstetrics and
Gynecology.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002080172 on 26 August 2003.

2.  The applicant completed his Master of Natural Science degree from the
University of Buffalo, NY in the Spring semester 1996 and defended it in
September 1997.  He entered medical school in August 1997 and completed
medical school in May 2000.  He executed his oath of office as a Medical
Corps captain in the U. S. Army Reserve on 19 May 2000.  He entered active
duty in June 2000 and was awarded 4 years of constructive service for
active duty grade determination.

3.  In the original consideration of this case, two advisory opinions were
obtained from the Office of The Surgeon General (OTSG).  OTSG first opined
that the applicant's Master's degree should give him 2 years additional
constructive service credit.  In a second advisory opinion, OTSG opined
that he should not be given any additional constructive service credit.

4.  In the applicant's current case, a third opinion from OTSG was
obtained.  OTSG noted that they had recommended disapproval of additional
credit before because it appeared the applicant obtained his Master of
Natural Science degree while in medical school.  Upon reviewing his case
again, they determined that he completed his degree in 1996 and defended
his degree in 1997 while in medical school.  Based on their review, OTSG
recommended he be awarded 2 years additional constructive service credit.

5.  A copy of the third advisory opinion was provided to the applicant.  He
concurred with the advisory opinion.

6.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), effective 15 March
1984, provides policy for the appointment of reserve commissioned officers
for assignment to Army medical branches.  In pertinent part, it states that
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.  Four years of
constructive credit is awarded for the basic medical degree.  Additional
credit may be awarded based on special education.  OTSG or his designee
will make the determination.

DISCUSSION AND CONCLUSIONS:

1.  The Board notes that the regulation allows for additional constructive
service credit based on special education as determined by OTSG.  In this
case, OTSG determined in a final review of the applicant's case that his
award of his Master of Natural Science degree did not overlap his medical
school training and therefore recommended he be awarded an additional 2
years of constructive service credit (for a total of 6 years credit) based
upon that Master's degree.

2.  In view of the foregoing, the applicant’s records should be corrected
to show he was awarded a total of 6 years of constructive service credit
for active duty grade determination.

BOARD VOTE:

__amc___  __jea___  __jpi___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2002080172 dated 26
August 2003.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by showing the
individual concerned applicant entered active duty in June 2000 as a
captain with 6 years, of constructive service credit and that his date of
rank be adjusted accordingly.




            ____Ann M. Campbell___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004102693                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040812                                |
|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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