RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 January 2006
      DOCKET NUMBER:  AR20050004132


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, in effect, twenty years of constructed service
credit and an adjustment to his entry grade (major) date of rank (DOR).

2.  The applicant states, in effect, that a miscalculation occurred when he
was credited with 2 years constructive service credit (CSC) instead of 3
years for his "Graduate Professional Education" during the period 1 July
1988 to 30 June 1991.  He affirms that his records should be corrected to
show that he is entitled to 20 years constructive service credit and to
adjust his DOR to major (MAJ).

3.  The applicant provides a Record of Award of Entry Grade Credit (Medical
and Dental Officers) (DA Form 5074-R) and Army Human Resources Command
(AHRC) St. Louis Memorandum dated 15 September 2004 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 15 September 2004, the applicant was appointed a MAJ in the Medical
Corps (MC) of the USAR.  The AHRC-St. Louis, Missouri appointment
memorandum issued in conjunction with this appointment confirms he was
granted a total of 19 years, 0 months, and 0 days of constructive service
credit.

2.  The DA Form 5074-R shows that the applicant received entry grade credit
for the following training:  4 years for his basic qualifying degree, 1
year for his internship, 6 years for graduate professional education, 3
years for professional experience, 2 years for his training experience in
unusual cases, and 3 years for prior active commissioned service for a
total of 19 years, 00 months, and 00 days entry grade credit.

3.  The DA Form 5074-R also shows that 14 years credit was applied to the
applicant's entry grade when he was appointed a MAJ on 15 September 2004,
and that the remaining 5 years was used to adjust his date of rank from
15 September 2004, the date he entered active duty, to 15 September 1999.

4.  Section C (Credit for Graduate Professional Education) of the
DA Form 5074-R shows that the applicant attended Fellowship Training in
Oncology Surgery from 1 Jul 88 to 30 Jun 91 inclusively and that he
received
2 years constructive service credit for this education.



5.  During the processing of this case an advisory opinion was obtained
from the Chief, Medical Corps Division, United States Army Recruiting
Command (USAREC).  This official indicated that in accordance with
Department of Defense Instruction 6000.13, paragraph 6.1.2.2.4, year for
year credit shall be granted for the successful completion of internship,
residency, fellowship or equivalent graduate medical, dental, or other
formal professional training required by the Military Service concerned.
However, training may not exceed that required for certification in the
specialty.  The official further indicated that fellowship training in
Surgical Oncology is a two-year program; therefore, only two of the three
years of the applicant’s Oncology Fellowship was granted as constructive
service credit.

6.  On 29 November 2005, the applicant was provided a copy of the USAREC
advisory opinion in order to have the opportunity to respond.  To date, he
has failed to reply.

7.  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.

8.  Department of Defense Instruction 6000.13, paragraph F.1.b(2)(f) 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.  The amount of credit shall be
one year for each year of special education or experience.  Maximum credit
granted for experience in a health profession, after receipt of licensure,
registration, or certification must be earned before earning any additional
credit based on special education or experience.  Paragraph 6.1.2.2.4
states that year for year credit shall be granted for the successful
completion of internship, residency, fellowship or equivalent graduate
medical, dental, or other formal professional training required by the
Military Service concerned.  However, training may not exceed that required
for certification in the specialty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to an additional year
constructive service credit based on his fellowship training has been
carefully considered.  However, there is insufficient evidence to support
this claim.

2.  As confirmed by the USAREC Chief, Medical Corps Division, the governing
DOD policy provides for granting year for year credit for the successful
completion of fellowship training.  However, the constructive service
credit granted may not exceed that required for certification in the
specialty.  This official further confirms that the fellowship training in
Surgical Oncology the applicant is requesting additional credit for is a
two-year program, and the applicant was granted the maximum 2 year
constructive service credit allowed for his fellowship in this specialty.
As a result, there is an insufficient evidentiary basis to support awarding
an additional year of constructive service credit for this fellowship.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JI ___  ___WFC _  __GJP __  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 Infante________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004132                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2006/01/19                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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