RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050004566


      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, in effect, that he be awarded additional
constructive credit based on his professional experience and that his rank
be adjusted accordingly.

2.  The applicant states he was offered the rank of major in March 2003.
He states his 7 years of practice after graduation from U.S. residency, his
2 years of general practice prior to entrance to residency and his 2 years
of service in the Individual Ready Reserve (IRR) may have been overlooked.

3.  The applicant provides a copy of his resume; his Oath of Office (DA
Form 71); his appointment memorandum; a memorandum from a Program Manager,
Medical Corps Branch at U.S. Army Recruiting Command (USAREC), Fort Knox,
Kentucky; his Record of Award of Entry Grade Credit (Medical and Dental
Officers) (DA Form 5074-R); and his reassignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 5074-R shows he was awarded a Doctor of
Medicine Degree on 15 April 1990.

2.  On 29 April 2003, the applicant was appointed an Army Nurse Corps
captain in the U.S. Army Reserve (USAR).  His appointment memorandum from
the U.S. Army Human Resources Command, St. Louis, Missouri, shows his
specialty as 61H (Family Practice) and he was awarded 10 years of
constructive credit.

3.  A 6 November 2003 letter states the applicant's application for
appointment in the Medical Corps, USAR was reviewed by a selection board of
Medical Corps officers to determine his professional qualifications.  Based
on a review of professional qualifications only, the applicant was
recommended by a selection board for appointment.

4.  The applicant's DA Form 5074-R dated 6 November 2003 shows he was
awarded 4 years of credit based on his Doctor of Medicine Degree; 1 year of
credit based on his internship from July 1994 to June 1995; 2 years of
credit based on his graduate professional education (residency) from July
1995 to June 1997; and 3 years of credit based on his professional
experience from
1 September 1997 to the present.  He was awarded a total of 10 years of
constructive credit for entry grade determination (6 years in excess of
that required for his grade).  The applicant's date of rank to captain was
determined to be 29 April 1997 (6 years prior to his 29 April 2003
appointment date).

5.  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.  Paragraph 3-2 states that an
individual appointed as a Reserve officer without concurrent call to active
duty who was awarded 7 years or more, but less than 14 years entry grade
credit will be appointed as a captain.

6.  DODI 6000.13 (Medical Manpower and Personnel) implements policy,
assigns responsibilities, and prescribes procedures to carry out medical
manpower and personnel programs.  Paragraph 6.1 states that the entry grade
credit to be awarded shall equal the sum of constructive service credit and
prior commissioned service (as outlined in the DODI) credit except in cases
where the total exceeds the maximum credit allowed.  A period of time shall
be counted only once when computing entry grade credit.

7.  DODI 6000.13, paragraph 6.1.2.2.1 states that 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.).

8.  DODI 6000.13, 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 (i.e. clinical psychology internship or dietetic
internship, etc.) required by the Military Service concerned.  Training
must be approved by the appropriate accrediting agency, and may not exceed
that required for certification in the specialty.  Day-for-day credit shall
be awarded for approved programs of less than one year in duration.

9.  DODI 6000.13, paragraph 6.2.2.2.5 states that credit of one-half year
for each year of experience, up to a maximum of three years of constructive
credit, may be granted for experience in a health profession, if such
experience is directly used by the Military Service concerned.  Creditable
experience cannot predate the receipt of licensure, registration or
certification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the USAR on 29 April 2003 in the rank of
captain.  At the time, he was granted a total of 10 years of constructive
credit.

2.  The applicant's DA Form 5074-R shows he was awarded 4 years of credit
for his Doctor of Medicine Degree, 1 year of credit for his internship, 2
years of credit for his residency, and 3 years of credit (the maximum
allowed) for his professional experience.  His 2 years of service in the
IRR was not credited because only service credit prior to the date of his
appointment in the USAR is creditable when computing entry grade credit.
As a result, his entry grade was determined as captain with a date of rank
of 29 April 1997.  In accordance with DODI 6000.13, the applicant was
granted the maximum credit allowed for his professional degree, his
residency, internship and professional experience.

3.  Based on the foregoing, no error or injustice exists in this case
regarding the maximum amount of constructive credit to which he is
entitled.  Therefore, there is no basis for adjusting his rank.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA______  JM______  LD______  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.




                                  James Anderholm_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004566                           |
|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          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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