IN THE CASE OF:	  

	BOARD DATE:	  22 July 2008

	DOCKET NUMBER:  AR20070015474 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he entered the U.S. Army Reserve (USAR) in 2002 at the rank and grade of Major (MAJ)/O-4 with 3 years time in grade (TIG).

2.  The applicant states, in effect, that his DA Forms 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), completed at the time of his appointment in the USAR, did not take into account his prior service in the U. S. Public Health Service (USPHS).  The applicant further states while he reported the prior service to his recruiter and provided a copy of his identification card, no record of his prior service could be located.  

3.  The applicant continues that he was appointed as a Captain (CPT)/O-3 with 14 years time in grade in 2002.  Since that time he has obtained a letter of commissioned service in the USPHS.  The prior service includes credit for 1 year active duty and 9 years of inactive ready reserve (IRR) status.  The applicant states that the USPHS Commissioned Officer's Handbook indicates that the time spent in the inactive reserve is creditable towards promotion and the minutes of the Physicians Professional Advisory Committee (PPAC) meeting on 26 August 2004 indicates that promotion is more rapid in the IRR than on active duty. 

4.  The applicant states that he was eligible for promotion to CPT when he graduated from medical school in 1993 and should have been eligible for promotion to MAJ in 2000.  Credits for medical training should have included two years of medical school that preceded service in the USPHS and two years of clinical practice that followed termination of his IRR status.
5.  The applicant provides a letter from the Division of Commissioned Corps Officer Support, dated 14 November 2007; a Department of Health and Human Services (DHHS) Statement of Commissioned Service, dated 25 April 2003; a photo copy of his USPHS identification card; 27 pages of the U.S. DHHS Commissioned Officer's Handbook, dated 1998; a 20-page draft of the PPAC Meeting Minutes, dated 26 August 2004; 8 medical diplomas; two letters from The American Board of Surgery; a Homeland Security certificate, dated 1 March 2003; a certificate from the University of Maryland Medical Center; a Medicine and Surgery license certificate from The University of The State of New York; a DA Form 5074-R, dated 11 April 2002; and a variety of other DHHS documents.

CONSIDERATION OF EVIDENCE:

1.  On 15 September 1989, the applicant began attendance at the University of Medicine and Dentistry of New Jersey.  He was appointed in the PHS in the grade of Ensign (ENS)/O-1 on 3 June 1990.  The applicant received his Doctor of Medicine degree on 9 May 1993.

2.  The applicant performed his internship at the New York Medical College, New York from 1 July 1993 through 30 June 1994.  He received his residency training from 1 July 1994 through 30 June 1998.  He received his fellowship from 1 July 1998 through 30 June 1999.  He began his medical practice on 1 July 1999.  On 21 August 1999, the applicant terminated his appointment as an ENS with the PHS.

3.  The applicant was initially appointed as a Reserve Commissioned Officer of the Army at the rank of CPT in the Medical Corps on 29 March 2002.

4.  A DA Form 5074-1-R, dated 11 April 2002, shows that the applicant qualified for appointment as a CPT.  He was awarded a total of 11 years and 4 months of constructive credit for entry grade determination (7 years and 4 months in excess of that required for his grade).  The applicant's DOR to CPT was determined to be 29 November 1994 (7 years and 4 months prior to his 29 March 2002 appointment date).  He was not awarded any constructive credit for the period 
15 May 1993 through 30 June 1993.

5.  In the processing of this case, an advisory opinion was obtained from a Program Manager, Medical Corps, Health Services Directorate, U.S. Army Recruiting Command (USAREC) who recommended disapproval of the applicant's request.  That manager stated "According to DA 5074-R in this 
Record, MAJ B______ has already received Constructive Service credit during the time frame in which he served in USPHS; Robert Wood Johnson Medical School (89-93), Internship at New York Medical College (93-94), Residency training (94-98), and Fellowship (98-99).  Since Constructive Service credit was given for the time frame, MAJ B______ is not qualified to receive any credit for the same time frame."  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.

6.  In his Rebuttal for Correction of Military Records, the applicant stated in part that there was a basic misinterpretation of his request.  He was requesting a recalculation of entry grade credit based upon prior service experience, rather than upon constructive credit.  In his opinion, it should have been the preferred method of calculating his entry grade credit and would have had a favorable effect upon his entry grade.  He continues that it is the policy of the uniformed services, to include the U.S. Army and the USPHS, to appoint medical students as Second Lieutenant (2LT) and promote to CPT upon successful completion of medical school.

7.  The applicant states, unlike the Army, USPHS does not require any version of the Officer Basic Course for promotion.  Further, the USPHS does not have a promotion board for CPT level.  Once the criteria are met, promotion is an administrative action.  The USPHS Commissioned Officer's Handbook states, members of the inactive reserve continue to accrue promotion credit.  With that in mind, he was eligible for promotion to CPT on 25 May 1993 and should have been eligible for promotion to MAJ no later than 25 May 2000.

8.  Department of Defense Instruction (DODI) Number 6000.13, dated 30 June 1997, implements the policies, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive credit and prior commissioned service (as allowed in the DODI) credit except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.

9.  DODI 6000.13, paragraph 6.1.1.2 states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

10.  Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  Chapter 3 provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his entry grade credit should be recalculated based upon his prior PHS commissioned service experience rather than constructive service credit.  He contended he was eligible for promotion to CPT in 1993 and for promotion to MAJ in 2000.  However, the Army does not base its entry grade credit upon USPHS guidelines.  Army Regulation 135-101 and DODI 6000.13 determine a medical officer's entry grade credit.  

2.  Although the applicant contends that his prior service experience should have been the preferred method to calculate his entry grade determination, DODI 6000.13, paragraph 6.1. states a period of time shall be counted only once when computing entry grade credit.  Dual credit for the same period of time is not authorized.  Almost all of the applicant's prior commissioned service has already been calculated into his entry grade credit.  

3.  Evidence of record shows that the applicant was awarded a total of 11 years and 4 months of constructive credit for entry grade determination (7 years and 
4 months in excess of that required for his grade).  His DOR to CPT was determined to be 29 November 1994 (7 years and 4 months prior to his 29 March 2002 appointment date).  However, he was not awarded prior commissioned service credit for period 10 May 1993 through 30 June 1993 (51 days) after he graduated from medical school but before he began his internship.  There is insufficient evidence to show he performed duties during this period in a medical corps related area; therefore, he should be awarded 1/2 day of credit for each day served (26 days), and his DOR should be adjusted to read 3 March 2002.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  _____xx_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by   adjusting his DOR to CPT, effective 3 March 2002
	
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he entered the USAR in 2002 at the rank and grade of MAJ with 3-years TIG.



      _________xxxxx_________ 				CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20070015474





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ABCMR Record of Proceedings (cont)                                         AR20070015474



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