RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060009874 


	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.



	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, his military records be corrected to show additional constructive credit at the time of his commissioning.

2.  The applicant states, in effect, he should have been commissioned in pay grade O-5 if his constructive time had been calculated correctly.  The applicant further states he worked 29 years post Ph.D. (Philosophiae Doctor [doctor of philosophy]), 22 years as a physician, and 17 years post board certification.  The applicant further states he had a wide range of work experience directly applicable to the needs and requirements of the Army.

3.  The applicant provides copies of his appointment letter; orders to active duty; Officer Record Brief (ORB), dated 19 July 2006; medical license; summary of physician experience; Board certification for occupational medicine; degree from the University of California; transcripts from the American University, Washington, DC; and transcripts from the University of California, Davis.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was commissioned as a major with the area of concentration (AOC) 60D (occupational medicine officer).  The applicant was credited with 14 years, 0 months, and 0 days of constructive service.

2.  The applicant was ordered to active duty on 20 January 2003 for a period of 
10 weeks to attend the Army Medical Department (AMEDD) Officer Basic Course at For Sam Houston, Texas.

3.  On 1 April 2003, the applicant was ordered to active duty for a period of 
3 years.

4.  In the processing of this case, an advisory opinion, dated 31 January 2007, was provided by the Program Manager, Medical Corps Health Services Directorate, Headquarters, United States Army Recruiting Command (USAREC).  A copy of that opinion was provided to the applicant in order to allow him to submit comment or rebuttal.

5.  USAREC stated the DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers) used for calculation of the applicant’s constructive credit in November 2002 is no longer available.  USAREC further stated that the applicant’s constructive credit of 14 years, 0 months, and 0 days was based on the information provided by the applicant at the time.  USAREC further stated, based on the information provided, the applicant was awarded all the constructive credit possible under the provisions of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).

6.  The applicant disagreed with the opinion from USAREC and provided a 
DA Form 5074-R showing total credit awarded as 27 years.  However, this form was neither prepared nor approved by the appropriate officials.  The applicant provided additional copies of evidence he had previously submitted with his application.

7.  Army Regulation 135-101 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 (AMEDD) branch will be determined by the number of years of entry grade credit awarded.  This regulation further states the maximum entry grade credit for appointment is 14 years.  

8.  Army Regulation 135-101 states, in pertinent part, entry grade credit awarded to AMEDD officers upon appointment or assignment will be recorded on a DA Form 5074-R.  Computation will be completed at the U.S. Army Medical Department Personnel Support Agency (USAMEDDPERSA) and approved by the procurement program manager.

9.  Army Regulation 135-101 states, in pertinent part, the Secretary of the Army or designee may waive the maximum entry grade credit limit in certain situations. An action requesting approval of waiver of the maximum limit will be initiated by the USAMEDDPERSA for each waiver.  This action will be forwarded for consideration by The Office of the Surgeon General (OTSG).

10.  Army Regulation 135-101 states an individual with 14 years or more, but less than 21 years of entry grade credit will be commissioned as a major/pay grade 04.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 5074-R used to calculate the applicant’s constructive service credit in November 2002 was not available.  Therefore, it is presumed that the USAMEDDPERSA’s calculation of the applicant’s constructive entry grade credit was correct.  

2.  The applicant was credited with the maximum amount of constructive entry grade credit that is allowed by regulation unless waived by the Secretary of the Army.  There is no evidence of record and the applicant has not submitted any evidence that the USAMEDDPERSA requested a waiver of the maximum credit limit at the time the applicant was commissioned.

3.  In view of the above the applicant’s constructive grade credit and the rank in which he was commissioned is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___lwr___  ____mkp_  ____reb_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.





__________Margaret K. Patterson____
          CHAIRPERSON




INDEX

CASE ID
AR20060009874
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
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.