IN THE CASE OF:	  

		BOARD DATE:	       12 NOVEMBER 2008

		DOCKET NUMBER:  AR20080010384 


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 she be given Constructive Service Credit (CSC) for her 1-year internship, 2-year residency, and 11 months of professional experience.

2.  The applicant states that she was only given 4 years CSC for her professional degree.

3.  The applicant provides, in support of her application, her University of South Carolina (USC) School of Medicine Resident/Internship Certificate during the period 1 July 2002 - 30 June 2005; employment statement by Doctor's Care, dated 16 April 2008; U.S. Army Human Resources Command (USAHRC), St. Louis, MO Orders A-10-591982, dated 26 October 2005; DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated
18 September 2002; and numerous electronic mail (e-mail) correspondence.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that she was commissioned as a U.S. Army Reserve (USAR) captain, Medical Corps (MC), on 11 August 2002, with
4 years, 1 month, and 10 days CSC.

2.  The documents provided by the applicant show that on 30 June 2005, she was given a certificate attesting to her completion of 36 months of residency in family medicine.  She also provided a document which shows she was employed from 30 May 2005 through 3 February 2006.  
3.  The applicant was ordered to 36 months active duty as a Reservist on 15 April 2006.

4.  Included in the packet received by the Board’s staff was e-mail correspondence concerning the applicant’s CSC.  In an e-mail from the U.S. Army Recruiting Command (USAREC) it was stated that the applicant was ordered to active duty under “current grade held” provisions, as provided for by Army Regulation 135-101, paragraph 1-3a.  The USAREC continues that the applicant could have been given additional CSC when she was ordered to active duty.

5.  In the processing of this case, on 4 August 2008, an advisory opinion was obtained from the USAREC who stated that the applicant’s DA Form 5074-R, dated 18 September 2002, was incorrectly calculated; that the applicant should have been given CSC for her internship and residency.  On the same day, the applicant was provided a copy of the advisory opinion and concurred with the USAREC’s recommendation.

6.  Army Regulation 135-101, paragraph 1–3, Personnel Eligible and Grade on Appointment, states that commissioned officers of any Reserve Component (RC) of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty under either (1) or (2) below, whichever selection would result in a higher grade or greater promotion service on the date of appointment.

   (1)  In the grade currently held if serving in the specialty for which applying.

   (2)  In the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified.  This is indicated in chapter 3.

7.  Department of Defense Instruction (DoDI) 6000.13, paragraph 6.1, Entry Grade Credit, states that a prospective health professions officer’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  The constructive credit limitations set forth in this instruction is based on Title 10 U.S. Code (USC), Section 12207.


8.  DoDI 6000.13, paragraph 6.1.2, Constructive Service Credit, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s residency and internship occurred after the applicant was commissioned in the MC on 11 August 2002.  As such, contrary to the advisory opinion obtained from the USAREC, the applicant was properly not given CSC for this time when she was commissioned.  An officer cannot be given CSC for professional education and experience the officer has not as yet taken or completed at the time of appointment or commission.

2.  Since the applicant was already commissioned as an MC officer, she was properly ordered to active duty in the grade held.  As mentioned by the USAREC, this is provided for in Army Regulation 135-101.

3.  DoDI 6000.13 and Title 10 U.S.C., Section 12207 are very clear in that CSC is awarded to officers who begin commissioned service.  When the applicant began commissioned service on 11 August 2002, she was given CSC for her professional education and experience at that time.

4.  DoDI 6000.13 and Title 10 U.S.C., Section 12207 do not contain any provisions for awarding additional CSC to officers who have completed additional professional education or experience after the officers have been commissioned in the MC.

5.  Army Regulation 135-101, paragraph 1-3 is unclear, at best.  However, since the regulations from all Armed Services are written based on the instructions contained in the appropriate DoDI, which derives from a Federal Statute, the DoDI takes precedence over Army Regulations.  As such, the provisions of DoDI 6000.13 must be applied in this case, which clearly states CSC is only awarded to officers at the time they begin their commissioned service as an MC officer.

6.  In view of the foregoing, there is no basis for granting the applicant’s request.





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.



      ________XXX______________
               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)                                         AR20080010384



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ABCMR Record of Proceedings (cont)                                         AR20080010384



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