IN THE CASE OF:	

		BOARD DATE:	        30 September 2008

		DOCKET NUMBER:  AR20080011798 


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 he be granted constructive credit for his graduate medical education.

2.  The applicant states, in effect, that in 2006 the Army Board for Correction of Military Records (ABCMR) awarded him 3 years, 1 month, and 15 days of constructive credit for his prior commissioned service but he never received it.  He points out that the ABCMR proceedings incorrectly state that his residency and fellowship should not count towards constructive credit; however, the governing regulation states that residency and fellowship may not have contributed to the professional degree.  He contends that his residency and fellowship came after he obtained his professional degree and did contribute to him being a fully qualified orthopedic hand surgeon for the Army.  

3.  The applicant provides various emails; a DA Form 6074-1-B (Record of Award of Entry Grade Credit (Health Services Officers), dated 2 December 1999; an Oaths of Office, dated 30 June 1989; and numerous diplomas, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the U.S. Army Reserve on 24 May 1989 as a field artillery officer.    




2.  The applicant completed the Field Artillery Officer Basic Course on 
1 December 1993.  He was awarded a Degree of Doctor of Osteopathic Medicine from the University of Health Sciences, College of Osteopathic Medicine, Kansas City, Missouri on 23 May 1999.  Effective 20 August 1999, he was appointed a captain, Medical Corps, in the Michigan Army National Guard.

3.  A DA Form 5074-1-R, dated 2 December 1999, shows that the applicant did not receive any constructive credit for advanced education beyond his basic qualifying degree.  

4.  Previously, the ABCMR granted the applicant an additional 3 years, 1 month, and 15 days of additional constructive service credit for his prior commissioned service.  Accordingly, his Army National Guard appointment orders were amended to reflect his date of rank upon appointment as 5 July 1996.  He was also granted Federal recognition effective 20 August 1999.

5.  The applicant provided a diploma which shows he served in the capacity of an intern during the period from 1 July 1999 through 30 June 2000 at the Botsford General Hospital affiliated with Michigan State University College of Osteopathic Medicine.  He provided a certificate which shows he completed residency training in orthopedic surgery at the Midwestern University Chicago College of Osteopathic Medicine during the period from 1 September 2000 to 31 August 2004.  He also provided a 2005 diploma which shows he completed the Christ Hospital Bone and Joint Institute Sports Medicine Fellowship during the period between 2004 to 2005 at the American Orthopaedic Society for Sports Medicine.

6.  The applicant was appointed a captain in the Regular Army, Medical Corps, and ordered to active duty on 16 June 2005.  He was promoted to major effective 1 August 2008.

7.  In the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division of the Office of The Surgeon General.  The opinion recommended that the applicant be granted constructive credit in the amount of six years for completion of one year of Internship, four years of Residency, and one year of Fellowship.  The opinion states that the applicant completed an internship, residency, and fellowship in a civilian training facility prior to entering active duty.  According to his official documents, the applicant was not given credit for his graduate medical education upon entering active duty.  The opinion points out that Department of Defense (DOD) Policy 


under DOD Instruction 6000.13 is the governing directive and that paragraph 6.1.2.2.4 of this directive, states that “Year for year credit shall be granted for successful completion of internship, residency, fellowship or equivalent graduate medical….”    

8.  On 12 August 2008, the advisory opinion was furnished to the applicant for his review and possible rebuttal.  On 14 August 2008, the applicant responded and concurred with the advisory opinion.

9.  DODI 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.2.2.4 of DODI Number 6000.13 states that 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 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.

10.  Paragraph 2.2 of DODI 6000.13 states, in pertinent part, that this instruction does not apply to the original appointment of Reserve commissioned officers as Regular officers in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps under Section 533(f) of reference c. 

11.  Paragraph 6.1 of DODI 6000.13 states, in pertinent part, 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. 

12.  Paragraph 1-43c of Army Regulation 600-8-29 (Officer Promotions) states that if an officer is ordered to active duty and placed on the active duty list (ADL) in the Reserve grade currently held (without a concurrent new original appointment), the active date of rank will be the effective date of placement on the ADL backdated by either 3 years or the period calculated under paragraph 
1-39b, whichever is less. 

DISCUSSIONS AND CONCLUSIONS:

1.  The applicant completed an internship, residency, and fellowship in a civilian training facility prior to entering active duty in 2005; however, he completed this training after he was appointed as a Medical Corps officer in the Michigan Army National Guard.   
2.  Constructive credit is used to determine an officer’s entry grade credit awarded upon original appointment or assignment as a health professions officer.  The applicant had not completed his internship, residency, and fellowship until after his original appointment and assignment as a health professions officer, and constructive credit is not authorized upon appointment of a Reserve commissioned officer as a Regular officer; therefore, he is not authorized constructive credit for that training.            

3.  It appears the Office of The Surgeon General was not aware that the applicant had already been appointed as a captain, Medical Corps, in the Army National Guard when it provided the advisory opinion.

4.  The applicant was awarded the 3 years, 1 month, and 15 days of constructive service credit for his prior commissioned service awarded him by the ABCMR in his previous case when his Army National Guard appointment orders were amended to reflect his date of rank as 5 July 1996.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX_____  _____XX___  ____XX____  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.



      __________XXXX____________
       	   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)                                         AR20080011798



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ABCMR Record of Proceedings (cont)                                         AR20080011798



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