IN THE CASE OF:	 

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20070015730 


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, in effect, that his records be corrected to show        his Basic Active Service Date (BASD) (i.e. Constructive Service Credit) as          5 November 2001 and his entry grade be changed from captain (CPT) to major (MAJ), based on 44 days of prior commissioned service credit for completion of the Officer Basic Course, successful completion of graduate medical education (GME), and board certification. 

2.  The applicant provides copies of U.S. Army Recruiting Command (USAREC) Form 1131-R-E (Department of the Army Service Agreement F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP)), dated 5 January 1998; a United States Army Reserve (USAR) appointment memorandum, dated 30 March 1998; an Academy of Health Sciences, U.S. Army Diploma during the Period 22 June 1998 through 4 August 1998; three DA Forms 71 (Oath of Office - Military Personnel); active duty for training (ADT) orders, dated 17 February 1998; a Civilian GME approval, dated 15 May 2001; a Memorandum of Appointment, dated 8 June 2001; a GME Extension, dated 12 November 2004; an American Board of Radiology Certificate, dated 14 June 2006; a Chief of Resident Certificate, dated 30 June 2006; and active duty orders, dated 6 August 2007, in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he is currently serving on active duty as a Radiologist in the rank of CPT.
2.  On 5 January 1998, the applicant signed a USAREC Form 1131-R-E and executed an Oath of Office as a second lieutenant (2LT) in the USAR.

3.  A memorandum from the Department of the Army, U.S. Total Army Personnel Command, St. Louis, Missouri, dated 5 January 1998, shows the applicant was appointed as a Reserve Commissioned Officer of the Army.  

4.  Paragraph 4 of this memorandum states that "Your primary Specialty Skill Identifier (SSI) is shown after B (when applicable).  The Army regulation pertaining to your appointment is shown after C.  It further states that if you have been credited with 'years of service in an active status' the number of years, months, and days is shown after D (applies only to Chaplains, Medical personnel and the Judge Advocate General's Corps).  This service is not valid for pay entry basic date (see Department of Defense Military Pay and Allowances Entitlements Manual (DODPM), paragraph 10102, for Medical and Dental Corps personnel) and it is not the result of prior service.

5.  On 4 August 1998, the applicant completed the Army Medical Department Officer Basic Course.  The applicant's record shows that he graduated from Thomas Jefferson University Medical School, Pennsylvania around June 2001.  His DA Form 71, dated 8 June 2001, shows he was commissioned in the rank of CPT.  He was awarded 4 years of constructive credit at that time.

6.  On 15 May 2001, a letter from the Department of the Army, Office of The Surgeon General, Falls Church, Virginia approved his request for a five year specialty delay from active duty to complete a civilian GME training program in Radiology (Diagnostic) beginning 1 July 2001.

7.  On 12 November 2004, a letter from the Department of the Army, Office of The Surgeon General, Falls Church, Virginia approved his request to continue his delay for an additional year in order to complete fellowship training in Vascular/Interventional Radiology during the period 1 July 2006 and ending 30 June 2007.  The letter also stated that the applicant's entry on active duty was changed to mid-July 2007.

8.  On 1 July 2006, the North Shore-Long Island Jewish Health System certified the applicant participated successfully in a course of study with professional ability, and New York City Health and Hospitals Corporation in affiliation with College of Physicians & Surgeons of Columbia University at Harlem Hospital Center certified that the applicant satisfactorily performed the duties of Resident - Diagnostic Radiology during the period 1 July 2002 through 30 June 2006.

9.  The applicant entered active duty on 1 August 2007.  The applicant's record contains an ORB, dated 7 August 2007, which shows his active duty DOR as 8 June 2001 in the rank of CPT.

10.  The applicant's record contains a second ORB, dated 28 February 2008, which shows his active duty DOR as 6 February 2002 in the rank of CPT.  

11.  In connection with the processing of this case, an advisory opinion was obtained from the Department of the Army, Office of The Surgeon General, Falls Church, Virginia, dated 14 January 2008.  

12.  The opinion shows the applicant requested to elevate his rank to MAJ based on constructive credit for the time he spent earning GMD and achieving board certification.  The opinion continues that the applicant was granted 9 years and 6 months constructive credit which included 4 years for medical school, 5 years for internship and residency, and 6 months for partial completion of his fellowship.  The opinion continues that the applicant's HPPED (Health Professions Pay Entry Date) is based on the five years credit for internship and residency.  The opinion adds that his date of rank was calculated correctly upon his entry on to active duty.  The opinion continues that the applicant is not eligible to receive any credit toward his rank for board certification, but is authorized board certification pay.  

13.  A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal.  The applicant responded by essentially stating that he requests that his BASD and his DOR be corrected based upon the Department of Defense Instruction (DoDI) 6000.13, (Medical Manpower and Personnel), and the facts pertaining to his specific situation.  The applicant further states that he was commissioned in the rank of 2LT on 5 January 1998 and attended the Medical Officers Basic Course during the period 22 June 1998 through 4 August 1998.  The applicant states that upon his graduation from medical school he was subsequently commissioned in the rank of CPT on 8 June 2001.  

14.  The applicant adds that on 15 May 2001, the Office of The Surgeon General approved his request for a five-year specialty delay to complete graduate medical education (GME) in Radiology (Diagnostic) beginning 1 July 2001.  The applicant contends that he obtained Board Certification in Radiology on 14 June 2006 and completed this training on 30 June 2006.  The applicant adds that the Office of The Surgeon General also approved his request for an extension of his civilian GME in order for him to complete fellowship training in vascular/interventional radiology.  The applicant continues that he completed vascular/interventional radiology training on 16 February 2007 and subsequently began full-time active duty service on 6 August 2007.  The applicant continues that in accordance with DoDI 6000.13 paragraph 6.1., the Entry Grade Credit to be awarded shall equal the sum of the constructive service credit and prior commissioned service credit. The applicant continues that in accordance with paragraph 6.1.1., credit for prior service as a commissioned officer shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.  

15.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  It states the entry grade shall be CPT when entry grade credit is 7 years or more but less than 14 years; MAJ when entry grade credit is 14 years or more but less than 21 years.

16.  DODI 6000.13 (Medical Manpower and Personnel) implements policy, 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 service credit and prior commissioned service (as outlined 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.

17.  Paragraph 4.1.2 (Credit for Prior Service) of DODI 6000.13 shows "Credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous military experience, while maintaining cognizance of the level of professional (technical) expertise."

18.  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.).

19.  DODI 6000.13, paragraph 6.1.2.2.4 states 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. 




20.  DODI 6000.13 does not provide for constructive credit for board certification.

21.  Title 10, U.S. Code, section 12207(e) states that constructive service credited an officer under subsection (b) for education shall be used only for determining the officer's initial grade, rank in grade, and service in grade for promotion eligibility.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his BASD as 5 November 2001, due to being eligible for additional credit toward his prior commissioned service credit based on completing the Medical Officer Basic Course. 

2.  The available evidence shows the applicant was awarded all constructive credit he was entitled to.  A period of time shall be counted only once when computing entry grade credit.  Although the applicant did serve on active duty while he attended AMEDD Medical Officer Basic Course, it was during a period of time he was also attending medical school for which he was awarded 4 years of constructive credit.  The advisory opinion indicates he has already been awarded an additional 5 years and 6 months constructive credit for his GME.  Constructive credit is not authorized for board certification.  

3.  Constructive service credit shall be used only in determining an officer's initial grade, rank in grade, and service in grade for promotion eligibility.  It is not creditable in determining eligibility for retirement (i.e. BASD).  

4.  Based on the foregoing the applicant is not entitled to correction of his records to change his BASD to 5 November 2001 or his entry grade to MAJ, based on additional credit for prior commissioned service credit. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X ___  ___X_____  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.




      _______ _   _X______   ___
               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)                                         AR20070015730





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ABCMR Record of Proceedings (cont)                                         AR20070015730



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