RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2007
DOCKET NUMBER: AR20060007330
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.
Acting Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 given 11 years of constructive service credit.
2. The applicant states that he was told he was to receive 11 years constructive service credit. However, he only was given 10 years constructive service credit. Neither he nor his Personnel Management Officer could ascertain what caused the difference. He adds that after he filed his paperwork with the Army, the National Board of Echocardiography certified him in Periopative Transescophageal Echocardiography, a certification which requires care personally delivered to at least 150 patients over a period of 24 months, among other requirements.
3. The applicant provides copies of extracts from his military records, a resume, a letter dated 10 May 2006 confirming the applicants employment as a staff anesthesiologist, a letter informing the applicant of his board certification in echocardiography dated 8 November 2005 (with certificate), an application for board certification for Periopative Transescophageal Echocardiography, his doctorate in medicine degree, a certification that he completed a 1-year internship (with allied documents), and a letter confirming the applicant completed his residence in anesthesiology from 1 July 1990 through 30 June 1994.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a captain, medical corps, with 10 years of constructive service credit, on 20 February 2006.
2. In a DA Form 5074-R dated 6 March 2006, it is shown that the applicant was given 4 years credit for his doctorate in medicine, 1 year credit for his fellowship in cardiothoracic, 3 years credit for professional experience, and 2 years credit for training or experience in unusual cases, for a total of 10 years constructive service credit. This form shows that the applicant was filling a critical wartime specialty.
3. In the processing of this case an advisory opinion was obtained from the US Army Recruiting Command (USAREC). The USAREC stated that the applicant is not due any additional constructive service credit. The USAREC explains that
in order to receive credit for residency, the residency must be approved by the American Medical Association (AMA) and the applicants PGY1 and anesthesia residency were completed in Canada, which is not credited in the United States. In addition, while the applicant was not given credit for his board certification, he was awarded 2-years constructive service credit for experience in unusual cases based on his board certification, based on his critical wartime specialty.
4. The applicant was provided a copy of this advisory opinion and submitted a response. In that response he states that the AMA treats Canadian medical training differently than medical training taken in any other country, and cites many examples of how his Canadian medical training has been used in his certification in the United States.
5. Army Regulation 135-101, Table 3-1, Constructive Service Credit, item 2, states that credit for successful completion of internship or first-year graduate medical education, which is approved by AMA or American Osteopathic Association and is the functional equivalent of an internship, is awarded on a year for year basis.
DISCUSSION AND CONCLUSIONS:
1. It would appear that the matter to be considered by the Board is whether the applicants residency, taken in Canada, should qualify for an additional year of constructive service credit.
2. In accordance with the regulation governing the award of constructive service credit, residency is only authorized constructive service credit if it is approved by the AMA. According to the USAREC, the applicants Canadian residency was not approved by the AMA.
3. While the applicants Canadian training has certainly provided him with valuable experience in anesthesia, it did not qualify for constructive service credit. However, the USAREC noted that the applicant was given other forms of constructive service credit because he was filling a critical wartime specialty.
4. To grant the applicants request would be giving him a benefit not provided to other officers.
5. As such, there is no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____jlp__ ____wdp_ ___pms__ 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.
_________William D. Powers_______
CHAIRPERSON
INDEX
CASE ID
AR20060007330
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070313
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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