RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070017299 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolanda Maldonado

Member

Mr. Edward E. Montgomery

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, in effect, that his grade of entry on active duty be changed to LTC (lieutenant colonel).

2.  The applicant states, in effect, that he was not given the proper constructive service credit (CSC) at the time of his entry on active duty for his professional education (advanced education and professional experience). 

3.  The applicant provides a copy of his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)); a copy of his active duty orders, with amendments; a copy of a memorandum from the Promotions Branch, Army Human Resources Command (HRC); and a copy of a memorandum from the Chief, Human Resources, US Army (USA) Medical Department Activity (MEDDAC), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was appointed in the Regular Army, as a major, in the Army Medical Corps, with an effective date of 29 September 2006.

2.  The applicant's DA Form-5074-R, dated 10 August 2006, shows that he was granted 13 years of appropriate CSC. 

3.  The applicant was ordered to active duty on 1 October 2006, with an active duty commitment of 3 years, to fulfill his active duty Army requirement, with assignment to USA MEDDAC, Fort Polk, Louisiana.

4.  The applicant's amendment orders, dated 13 October 2006, shows that he was granted 8 years of HPPED (Health Professions Pay Entry Date) credit.

5.  On 7 June 2007, orders were published by HRC to change his date of rank (DOR) from 29 September 2006 to 29 September 2003.

6.  On 10 August 2007, the Chief, Human Resources, USA MEDDAC, Fort Polk, Louisiana, submitted a memorandum, Subject:  Entry Grade Credit, pertaining to the applicant, to the Commander, Office of The Surgeon General (OTSG).  The Chief, Human Resources, stated that the applicant did not receive the proper constructive service credit for his professional education, advanced and professional experience.  The Chief, Human Resources, listed the applicant's 
professional education and professional experience in detail.  According to the Chief, Human Resources, his total constructive service credit was 23 years, 10 months, and 15 days and he was awarded only 13 years, as shown on his DA Form 5074-R.  In accordance with Army Regulation 135-101, chapter 3, paragraph 3-1,a (1), the applicant requests a waiver for entry grade credit over 14 years due to his specialty (61F) being a manning shortfall at this time.  

7.  In the processing of this case, an advisory opinion was requested of the Program Manager, Medical Corps, Health Services Directorate, of the USAREC (US Army Recruiting Command), Fort Knox, Kentucky.

8.  An opinion was provided on 22 January 2008.  The Program Manager stated that after a careful review of the record pertaining to the applicant, it was determined that he was not due any additional credit based on Department of Defense Instruction (DODI) 6000.13.  The applicant was given 4 years of constructive credit, maximum allowed by DODI 6000.13 for attendance at Allama Iqbal Medical College, Pakistan and furthermore, creditable experience cannot predate the receipt of licensure, registration, or certification.  The applicant completed his residency training as a 61F, Internist, in July 1999 and any professional experience that predates July 1999, therefore does not count toward constructive credit.  His curriculum vitae did not state any professional work experience after his fellowship (July 2005). 

9.  The Program Manager stated that when his CSC was calculated in August 2006, no credit was given as experience in health profession.  The applicant was given 1 year CSC for his internship at Georgetown University (July 1994 – July 1995); 2 years of CSC for residency at Providence Hospital, Georgetown University (July 1995 – July 1997); and 6 years CSC for his fellowship (July 1999 – July 2005).  The Program Manager concluded that corrections needed to be made on the applicant's HPPED to 9 years.  Upon review of his appointment order, dated 13 October 2006, he was only given 8 years of HPPED credit.  The applicant completed his residency and obtained his medical license in July 1997, giving him 9 years HPPED credit when his active duty orders were published in October 2006.

10.  The applicant was provided a copy of this opinion for possible comment prior to consideration of his case.

11.  In the applicant’s rebuttal, he stated that in paragraph 1b(2) which stated that "I did not state any professional work experience after fellowship in July 2005 when constructive credit was calculated in August 2006; therefore, no credit was 
given as experience in health profession."  He gave an update to the AMEDD recruiter regarding his VA Medical Center job before August 2006.  He was a VA Medical Consultant from 6 February 2006 through 25 September 2006.  He felt he should have been awarded constructive credit for the FDA (Federal Drug Administration) Staff Fellow from 7 July 1997 through 7 July 1999.  He also felt he should have been awarded credit for his Master of Science (MS) degree at Hood College Graduate School from July 1991 through December 1991.  He has enclosed a copy of a DA Form 5074-R of a colleague who is a pediatrician who was given credit for his MPH (this document is unavailable for review).  He felt that he should be given the same consideration.

12.  Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department (AMEDD).  This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.  The regulation stated that a period of time would be counted only once when computing entry grade credit.  The CSC is awarded based on an officer’s effective date of appointment.  

13.  The regulation also specifies that officers being appointed in the MC (Medical Corps) with a basic qualifying degree of Doctor of Medicine may be awarded 4 years CSC.  One-year credit for each school year may be awarded for additional advanced degrees.  The degree must add adjunctive skills to primary specialty and must contribute directly to the performance in anticipated duty position.  The maximum entry grade credit for Medical Corps or Dental Corps is normally 14 years.  For appointment in the ANC (Army Nurse Corps), MSC (Medical Service Corps), VC (Veterinarian Corps), or AMSC (Army Medical Specialist Corps), entry grade credit granted (with or without concurrent active duty) will be more than the amount required for entry grade O4 as if the officer were to be concurrently called to active duty in the Corps concerned.  The Secretary of the Army or designee may waive the maximum credit limit and an action requesting approval of a waiver will be initiated by the US Army Medical Department Personnel Support Agency for each waiver requested.  This action will be forwarded for consideration by The Surgeon General or designee.

14.  Subparagraph 3-1a(1) states, in effect, that the Secretary of the Army or designee may waive the maximum credit limit when manning shortfalls exist in the specialty within medicine or dentistry or within the other AMEDD specialty to which the individual will be assigned or appointed. 

15.  DOD policy under DOD Directive 6000.13 is the governing directive in granting CSC.  In accordance with this directive, paragraph 6.1.2.2.2., no additional credit may be given for more than one advanced degree in a single field or closely related field. 

16.  Paragraph 6.1.2. of the directive, pertains to CSC.  It states that 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.  

17.  Paragraph 6.1.2.2.1. states four years of CSC 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.).

18.  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 (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed
that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than one year in duration.

19.  Paragraph 6.1.2.2.5. states credit of 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 is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer, or student status cannot be credited.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to an adjustment of his entry rank to lieutenant colonel or any additional CSC for his professional education, advanced education, and professional experience.

2.  The applicant was given the proper CSC which equated to 13 years at the time of his entry on active duty for his professional education, advanced education, and professional experience.  

3.  The evidence shows a request was submitted to inform the OTSG that the applicant did not receive the proper CSC for his professional education, advanced education, and professional experience.  The request also indicated that a waiver should be granted due to his entry grade credit of over 14 years due to his specialty of 61F being a manning shortfall.  USAREC determined that he was not due any additional credit based on DODI 6000.13.  He had completed his residency training as a 61F, Internist, on July 1999 and any professional experience that predates July 1999, therefore did not count toward constructive credit.  His curriculum vitae did not state any professional work experience after his fellowship (July 2005).  

4.  The applicant was originally awarded 8 years of HPPED credit on 13 October 2006.  He completed his residency and obtained a medical license in July 1997, giving him 9 years of HPPED credit.  Therefore, he is entitled to correction of his record to show that he was awarded 9 years of HPPED credit and to amendment of his orders, dated 13 October 2006, to show 9 years instead of 8 years HPPED credit.

5.  The applicant's rebuttal was considered; however, he is not entitled to any additional CSC according to regulation. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__SP___  ___YM  __  ___EM__  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 to show that he was awarded 9 years of HPPED credit and amending the orders, dated 13 October 2006, to show he was awarded 9 years of HPPED credit.

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 the applicant's entry grade on active duty as a lieutenant colonel and additional constructive service credit for his professional education, advanced education, and professional experience.




_____Shirley L. Powell_______
          CHAIRPERSON




INDEX

CASE ID
AR20070017299
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080325
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . .ACTIVE DUTY . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
102
2.

3.

4.

5.

6.