RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050017311


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 he be awarded additional constructive
credit.  He requests, in effect, that his date of rank (DOR) to captain
(CPT) be adjusted from 2001 to 2000.

2.  The applicant states he was awarded only four years of constructive
credit for graduation from dental school.  He states he should have
received at least one year additional constructive credit for graduate
medical education (GME) based on Table 3-1 (Constructive Service Credit) of
Army Regulation 135-101, section 3b.

3.  The applicant provides a copy of his appointment letter; Table 3-1 of
Army Regulation 135-101; his promotion letter; his DA Form 61 (Application
for Appointment); his diploma for Bachelor of Arts Degree; his diploma from
the University of Pennsylvania for Doctor of Medical Dentistry Degree; and
his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and
Dental Officers)).

CONSIDERATION OF EVIDENCE:

1.  On 1 June 1990, the applicant completed his Bachelor of Arts Degree in
Psychology at the University of Michigan.  In May 1997, he completed his
Doctor of Dental Medicine Degree (D.M.D.) in Dentistry at the University of
Pennsylvania.

2.  The applicant’s DA Form 61 dated 8 July 1998 shows he was an Oral
Surgery Resident at the Montefiore Medical Center from 1 July 1997 to the
present date.  His license is dated 8 June 1998.

3.  On 29 July 1998, the applicant was appointed a first lieutenant in the
Dental Corps in the U.S. Army Reserve (USAR).  On the date of his
appointment, he was awarded 4 years of constructive credit for his D.M.D..

4.  The applicant's DA Form 5074-R dated 10 September 1998 shows his
specialty as 63A (General Dentist).  This document shows he was awarded
4 years of constructive credit for his D.M.D.  He was awarded 4 years total
constructive credit for active duty grade determination.

5.  The applicant was promoted to CPT with an effective date of 28 July
2001.

6.  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.  Based on Army Regulation 135-101, Table 3-1,
paragraph 3b, constructive credit may be awarded for “successful completion
of approved postgraduate education in dentistry or dental specialty in
which assigned and creditable toward certification.”  At the time the
applicant applied for an appointment in the Reserves, he had completed the
first year of his oral surgery residency, but he had not successfully
completed the entire residency program.  The opinion stated that
individuals must successfully complete their postgraduate programs before
credit can be awarded.

7.  A copy of the advisory opinion was forwarded to the applicant; however,
he did not respond within the allotted timeframe.

8.  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.

9.  Table 3-1 of Army Regulation 135-101 states that Dental Corps officers
may be granted one year constructive credit for successful completion of
approved postgraduate education in dentistry or dental specialty in which
assigned and creditable toward certification.

10.  Department of Defense Instruction (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.).

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded a Doctor of Dental Medicine Degree in May
1997.

2.  The applicant’s Application for Appointment shows he had completed one
year of oral surgery residency.

3.  The applicant was appointed as a Dental Corps first lieutenant in the
USAR in July 1998.  At that time, he was granted 4 years of constructive
credit based on his Doctor of Dental Medicine Degree (qualifying degree).

4.  Based on Table 3-1, paragraph 3b of Army Regulation 135-101, an
individual must successfully complete approved postgraduate education in
dentistry or dental specialty before credit can be awarded.

5.  The applicant was promoted to CPT effective 28 July 2001.

6.  There is no error or injustice that exists in this case regarding the
applicant’s current DOR to CPT or constructive credit awarded to him.
Therefore, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

AR______  LD______  PT______  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.




                                  Allen Raub____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017311                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|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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