RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060011411 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney Barber

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 date of rank (DOR) for promotion to colonel be adjusted (in effect, that he be credited with constructive credit). 

2.  The applicant states, in effect, that his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) was incorrectly calculated when he rejoined the U. S. Army Reserve (USAR) last winter.  He contends that it does not reflect his prior active duty service, training or private practice experience, and does not establish the constructive credit to which he is entitled. He states that he was reappointed a lieutenant colonel in 2005 but was advised that constructive credit should place him before a colonel promotion board within his first year.  Since no constructive credit was included on his DA Form 5074-R, his DOR was established as the effective date of his re-commissioning, and his expected date of eligibility for promotion to colonel is now several years later.   

3.  The applicant provides a copy of his DA Form 5074-R; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 
15 April 1991; a DD Form 214 for the period ending 31 March 1989; and orders, dated 16 September 1991, 6 March 1992, 30 December 2005, and 17 May 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in support of Operation Enduring Freedom. 

2.  After having served on extended active duty, the applicant was transferred to the USAR on 1 April 1989.  He was promoted to lieutenant colonel, Medical Corps, on 27 August 1991.  He was discharged from the USAR on 6 March 1992.  He was reappointed a lieutenant colonel, Medical Corps,  in the USAR effective 30 December 2005. 

3.  The applicant provided a DA Form 5074-1-R, dated 2 February 2006, which shows he received no constructive credit and was awarded Highest Grade Held of lieutenant colonel.

4.  The applicant has provided no evidence of record which shows he had any experience in a health profession during the period March 1992 to December 2005.

5.  In the processing of this case, a staff advisory opinion was obtained from the Program Manager, Medical Corps Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, Kentucky.  The opinion states that the applicant was awarded Highest Grade Held of lieutenant colonel (but noted that office does not determine DOR).

6.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 14 February 2007, the applicant responded.  In summary, he states that he has no quarrel with his award of lieutenant colonel as Highest Grade Held and that the essence of his application concerns his DOR.  He points out that during the recruitment process he was advised that he could expect constructive credit toward eligibility for promotion to colonel and should expect to go before a colonel promotion board within 12 to 18 months.  However, his DOR was established as 30 December 2005, the same date as his commission.
 
7.  In the processing of this case, a second staff advisory opinion was obtained from the Chief, Verification and Update Section, Human Resources Command, St. Louis, Missouri.  The opinion states that the applicant was promoted to lieutenant colonel effective 27 August 1991, that he was discharged on 6 March 1992, and that he was reappointed to lieutenant colonel effective 30 December 2005.  The period of lost time [i.e., a break in service] is calculated from 7 March 1992 to 29 December 2005 and the total lost time is 13 years, 9 months, and    22 days.  The applicant’s new DOR is 20 June 2005.

8.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 7 May 2007, the applicant responded.  In summary, he states that he appreciates the positive response offered in the advisory opinion but he believes it still falls short of his expectations.  He contends that he was advised to expect approximately three years constructive credit toward the rank of colonel.  He states the six months credit recommended in the opinion is still inconsistent with the guidelines under which he was recruited.  He also states that it is unclear to him why his DOR was changed.

9.  Paragraph 6.1.1.1. of Department of Defense Instruction Number 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment.. 

10.  Paragraph 6.1.2.2.5. of Department of Defense Instruction Number 6000.13, dated 30 June 1997, states that credit for 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 cannot predate the receipt of licensure, registration, or certification.  
DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was credited with constructive credit for his verified prior commissioned service during the period 27 August 1991 to 
6 March 1992 and his DOR was therefore adjusted to 20 June 2005.  Since there is no evidence of record which shows the applicant had any experience in a health profession during the period March 1992 to December 2005, and the applicant has provided no evidence, there is insufficient evidence on which to base any constructive credit (up to a maximum of three years) for professional experience at this time.    

2.  If the applicant could provide evidence to show he worked in a health profession during the period March 1992 to December 2005, such as employee evaluation reports, he may apply for reconsideration.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

EA_____  _AU_____  RB_____  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.




_Eric Andersen________
          CHAIRPERSON




INDEX

CASE ID
AR20060011411
SUFFIX

RECON

DATE BOARDED
20070517
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102.0700
2.
102.0800
3.

4.

5.

6.