IN THE CASE OF:
BOARD DATE: 22 May 2008
DOCKET NUMBER: AR20070016978
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 military pay be adjusted to reflect his constructive credit.
2. The applicant states, in effect, that other radiologists with the same experience as he has are being paid more than he is being paid. His pay should be based on his constructive service credit.
3. The applicant provides copies of his Doctor of Medicine Diploma; Certificates of Completion of Internship, residency, and fellowship; board certification for diagnostic radiology, and a procedure log.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a major, Medical Corps.
2. On 5 May 2001, in a memorandum, from the United States Army Personnel Command, St. Louis, Missouri, the applicant was informed of his appointment as a Reserve Commissioned Officer of the Army. He was also informed that any medical service credit received was not valid for purposes of adjusting his basic pay entry date.
3. A Record of Award of Entry Grade Credit (Medical and Dental Officers
(DA Form 5074) dated 15 March 2007, shows that the applicant was awarded a total of 10 years constructive credit for his medical training and internship.
4. In the processing of this case an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia. It stated that the applicant had been awarded
10 years of constructive credit for his medical training, residency, fellowship and that he qualified for entry in the Army at the rank of major. It recommended that no additional credit be awarded.
5. On 7 March 2008, the applicant responded to the advisory opinion, stating that he wants his years of constructive credit used to adjust his basic pay entry date so that he would receive pay commensurate with the level of his training and experience.
6. Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) provides for constructive service credit. This credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education. This DODI does not provide for adjustment of basic pay entry dates based on constructive service credit.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant was awarded
10 years of constructive service credit and entered the Army as a major.
2. The applicant's contention that he should be paid based on this constructive service credit is not supported by the governing regulations.
3. In view of the above, the applicant's request should be denied.
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) AR20070016978
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ABCMR Record of Proceedings (cont) AR20070016978
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