RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR2005004529
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. Lester Echols | |Chairperson |
| |Mr. John E. Denning | |Member |
| |Ms. Jeanette R. McCants | |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, additional constructive service
credit.
2. The applicant states, in effect, that his special education and/or
experience were not considered when his constructive service credit was
previously calculated. He asked to be given an additional 2 years and 4
months constructive service credit.
3. The applicant provides the following documents in support of his
request: a letter of support, self-authored letter, Office of the Surgeon
General Letter dated 1 July 1992, Officer Record Brief (ORB), Statement of
Service (DA Form 1506), 26 May 1986 separation (DD Form 214), College of
Engineering Certificate dated 17 October 1985, United States Army Engineer
School Certificate of Completion dated 29 June 1984, and
CONSIDERATION OF EVIDENCE:
1. The applicant’s military record shows that at the time of his
application to the Board, he was still serving on active duty, in the rank
of lieutenant colonel (LTC).
2. On 1 July 1992, the Assistant Chief, Graduate Medical Education, Health
Education and Training Division, Office of The Surgeon General (OTSG),
awarded the applicant 3 years and 27 days constructive service credit for
prior active commissioned service.
3. During the processing of this case and advisory opinion was obtained
from the Chief, Graduate Medical Education Division, OTSG. This official
indicated that the applicant had already received one-half day credit per
day served for the two years and 4 months special experience that he was
seeking. The official further recommended that the applicant not be
awarded any additional credit for this period of service.
4. The applicant was forwarded a copy of this advisory opinion on 22
September 2005 for his comments and/or rebuttal. To date, the applicant
has failed to respond to the advisory opinion.
5. 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.
6. The applicant provides a letter of support from his commanding general,
who strongly recommends the applicant receive one additional year of
constructive service credit based on his special experience and education
while serving as an active duty commissioned officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded an additional 2
years and 4 months constructive service credit and the supporting documents
he submitted were carefully considered. However, there is insufficient
evidence to support this claim.
2. The applicant received 3 years and 27 days constructive service credit
for the prior active duty commissioned service he completed prior to
obtaining his license and beginning practice in the health profession.
DODI 6000.13 guidance stipulates that credit for special experience and
education can only be earned after a medical officer has received their
license. Therefore the applicant is not eligible for additional
constructive service credit for special experience and education, as
confirmed by the OTSG advisory opinion.
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
___LE __ ___JED __JRM __ 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.
____Lester Echols______
CHAIRPERSON
INDEX
|CASE ID |AR20050004529 |
|SUFFIX | |
|RECON |NA |
|DATE BOARDED |2005/11/17 |
|TYPE OF DISCHARGE |NA |
|DATE OF DISCHARGE |NA |
|DISCHARGE AUTHORITY |NA |
|DISCHARGE REASON |NA |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |102.0800 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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