RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050010817


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia Trimble                 |     |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 that his current rank be adjusted based on the
appropriate constructive credit.

2.  The applicant states he was not granted the correct constructive credit
at the time he entered the military based on Army Regulation 135-101.  He
states that according to Army Regulation 135-101, "a dentist having 21
years, but less than 23 years of clinical experience at the time of his
appointment should be commissioned with the rank of LTC and with 23 years
or more with the rank of LTC or COL."  He states he had 25 years experience
as a dentist, but he was only commissioned as a captain.

3.  The applicant provides a supplemental letter, a U.S. Army Human
Resources Command webpage on Army Medical Department (AMEDD) Constructive
Service Credit and amendment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded a Doctor of Dental Surgery (D.D.S.) Degree on

25 February 1974 at New York University, College of Dentistry in New York,
New York.

2.  The applicant's DA Form 5074-R (Record of Award of Entry Grade Credit
(Medical and Dental Officers)) is not available.

3.  On 1 May 1998, the applicant was appointed a captain (CPT) in the
Dental Corps in the U.S. Army Reserve (USAR).  On the date of his
appointment, he was awarded 7 years of constructive credit.

4.  The applicant was promoted to MAJ with an effective date of rank of 29
July 2004.

5.  In the processing of this case, a staff advisory opinion was obtained
from Headquarters, United States Army Recruiting Command at Fort Knox,
Kentucky. The opinion stated the applicant received the appropriate
constructive credit and rank.  It also stated that in accordance with DODI
6000.13, the entry grade is determined based on constructive service credit
received for education, work experience, and prior military commissioned
service.  The opinion stated that, although the applicant may have had 25
years of work experience as a dentist, the DODI 6000.13, paragraph
6.1.2.2.5 limits credit for work experience to a maximum of 3 years.  The
opinion further stated that the applicant's DA Form 61 (Application for
Appointment and Appointment Letter dated 1 May 1998) shows he correctly
received 7 years of constructive credit upon his entry in the Reserves.
The opinion points out that the information posted on the Human Resources
Command website clearly shows the entry grade a Dental Corps officer would
receive based upon the entry grade credit (constructive credit).  Since the
applicant received 7 years of entry grade credit, he was correctly accessed
into the Reserves as a CPT.

6.  A copy of the opinion was provided to the applicant; however, he did
not respond within the allotted time.

7.  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.  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 CPT.

8.  DODI 6000.13 (Department of Defense Instruction), paragraph 6.1.2.2.5
states that credit of one-half year for each year of experience, up to a
maximum of 3 years of constructive credit, may be granted for experience in
a health profession, if such experience is directly used by the Military
Service concerned.

9.  DODI 6000.13, paragraph 6.1 states that a prospective health
professions officer's entry grade and rank within grade shall be determined
by the number of years of entry grade credit awarded on original
appointment, designation, or assignment as a health professions officer.
The entry grade credit to be awarded shall equal the sum of constructive
service credit and prior commissioned service credit (other than as a
commissioned warrant officer), except in cases where the total exceeds the
maximum credit allowed.

10.  DODI 6000.13, paragraph 6.1.2.2.1 states 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.).
DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Dental Corps CPT in the USAR on 1 May
1998.  At that time, he was granted 7 years of constructive credit.
Although his DA Form 5074-R is not available, it appears he was granted 7
years of constructive credit based on his Doctor of Dental Surgery Degree
(4 years) and his prior work experience as a dentist (maximum 3 years).
The key regulatory phrase is "entry grade credit," not "prior work
experience."

2.  Based on Army Regulation 135-101, an individual appointed as a Reserve
officer without concurrent call to active duty who was awarded 7 years of
entry grade credit, will be appointed as a CPT.

3.  The applicant was promoted to MAJ effective 29 July 2004.

4.  There is no error or injustice that exists in this case regarding the
applicant's current rank or constructive credit awarded to him.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SK______  DA______  DT______  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.




                                  Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010817                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|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.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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