IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20080016369 


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 correction of his records to show constructive credit of 1 year for completion of his internship at the time of his entry into the United States Army.

2.  The applicant states, in effect, that he was awarded only 4 months and 21 days of constructive credit for completion of his internship and not a full year, as he should have received.  Furthermore, his service computation at the time of his retirement only included his 4 years of constructive credit as a Medical Corps officer, and does not include any credit for his internship.

3.  The applicant provides no supporting documentation.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant's military records to show a total of 5 years of constructive credit.

2.  Counsel states that the applicant served on active duty first in the United States Army, then in the United States Navy.  Following a draw-down in the Medical Department, he completed his service in the United States Army.  However, at the time of his retirement, his command failed to credit him with a year of constructive credit for completion of his internship.  He only received 4 years of constructive credit based on his medical degree.

3.  Counsel provides, in support of the applicant's request, copies of retirement orders, dated 24 August 2007; Certificate of Release or Discharge from Active Duty (DD Form 214), as of 30 September 2007; appointment as a Reserve commissioned officer in the Medical Corps of the United States Army, dated 24 October 1967, and acceptance, dated 11 December 1967; Oath of Office (DA Form 71), dated 11 December 1967; DD Form 214, as of 12 August 1971; Officer Qualification Record (DA Forms 66 and 66B); certificate of completion, Kaiser Foundation Hospital, dated 1 July 1968; memorandum for record, dated 1 July 2004; excerpt from Department of Defense (DOD) Financial Management Regulation (FMR) (DOD 7000.14-R); automated service computation for separation, dated 16 January 2008; and electronic mail from the Deputy Adjutant General, Fort Gordon, Georgia, dated 11 February 2008.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was retired as a Medical Corps officer in the rank of colonel, pay grade O-6.

2.  Letter orders, Headquarters, Sixth United States Army, dated 24 October 1967, appointed the applicant as a first lieutenant, Medical Corps.  These orders show that he was granted 4 years, 4 months, and 21 days of constructive credit [4 years for his medical degree and 4 months and 21 days for his internship].

3.  A DA Form 71 shows that the applicant completed his oath of office as a Reserve commissioned officer on 11 December 1967.

4.  The applicant's Kaiser Foundation Hospital certificate shows that he satisfactorily completed a term of service as an intern from 1 July 1967 to 30 June 1968.

5.  On 13 August 1969, the applicant was ordered to active duty in the United States Army.

6.  On 12 August 1971, the applicant was honorably discharged as a member of the United States Army Reserve.  He had attained the rank of major, pay grade O-4, and had completed 2 years of creditable active duty service duty this period.

7.  On 22 August 1989, the applicant entered the United States Navy.  He served as a medical officer and attained the rank of captain, pay grade O-6.  On 29 September 2004, he was released from active duty and transferred to the Naval Reserve Personnel Center, New Orleans, Louisiana.  He had completed 15 years, 1 month, and 8 days of creditable active duty service with the United States Navy.

8.  On 30 September 2004, the applicant entered the United States Army as a Medical Corps officer, in the rank of colonel, pay grade O-6.

9.  On 30 September 2007, the applicant was retired due to length of service.  His service computation for separation shows that he was credited with 20 years, 1 month, and 9 days of active duty service; 1 month and 15 days for retirement points after 1 June 1958; and with 4 years of constructive credit.  This totaled 24 years, 2 months, and 24 days of total service.  [NOTE: This constructive service credit was only for his medical degree.  It did not include any allowance for his internship.]

10.  In the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia.  The opinion stated, in effect, that the United States Army incorrectly awarded the applicant only 4 months and 21 days of constructive credit for completion of his internship.  He should have been awarded a full year for completion of this internship.  The opinion also quotes DOD FMR Volume 7A, chapter 1, "Medical and dental officers who meet the criteria in subparagraph 010101.E.1 are entitled to [receive] 4 years of constructive service credit.  Also, those medical officers who have completed a medical internship or its equivalent, or who entered military status, while serving on such an internship, are entitled to a fifth year of constructive service credit."  Subparagraph 010101.E.1 refers to credit provided to individuals prior to enactment of the Defense Officer Personnel Management Act (DOPMA) on 15 September 1981.  The applicant is an officer who entered internship prior to the enactment of DOPMA.

11.  The opinion further states that the propriety of denying the applicant constructive credit for the internship was also considered under the provisions of DOD Instruction (DODI) 6000.13, Medical Manpower and Personnel.  Denial was determined to be inappropriate based on the following considerations:

	a.  Paragraph 6.1.2.1 states that, "Periods of time spent on active duty or in an active status as a commissioned officer may not be counted when computing constructive service credit, except as in subparagraph 6.1.1.3."  Subparagraph 6.1.1.3 applies to prior commissioned service, which is not applicable.  DODI 6000.13 was not published until 20 June 1997, and does not reference applicability to pre-DOPMA individuals on this issue and appears to be post-DOPMA based.

	b.  Paragraph 6.1.2.2.4 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 education required by the military service.  This provision does not appear to be applicable to pre-DOPMA individuals for the reason stated above.

12.  The advisory opinion recommended correction of the applicant's records to show one year of constructive credit for participation in the internship.  It qualified this recommendation by pointing out that since the applicant had already received 4 months and 21 days of credit for completion of this internship, he should only receive an additional 7 months and 9 days of constructive service credit.

13.  On 12 January 2009, the applicant responded to the advisory opinion.  He concurred with the opinion insofar as it stated he was entitled to a full year of constructive credit.  However, he disagreed with that portion stating his records should only show an additional 7 months and 9 days.  He argues that his service computation for separation only granted him 4 years of constructive service credit, and not 4 years, 4 months, and 21 days, as he was originally awarded.  He states, in effect, that his records should be corrected to show a total of 5 years of constructive credit, resulting in 25 years, 2 months, and 24 days of service.  Furthermore, his retired pay account should be adjusted to reflect this total service and issuance of back pay due as a result of this correction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he did not receive 1 year of constructive service credit for completion of his internship.

2.  The available evidence clearly shows that the applicant was awarded 4 years of constructive credit as a medical officer, and another 4 months and 21 days of constructive credit for completion of his internship.  Regulatory guidance shows that he should have received a total of 5 years of constructive credit.

3.  The applicant's service computation for separation shows that he was credited with only 4 years of constructive credit.  This denied him a full year of credit for his internship.

4.  In view of the above, the applicant's request should be granted.



BOARD VOTE:

____X___  ____X__  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  crediting him with a total of 5 years constructive service credit;
   
   b.  showing his total service for retired pay as 25 years, 2 months, and 
24 days; and
   
   c.  auditing his retired pay account and paying him any monies due as a result of this correction.



      ___________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)                                         AR20080016369



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016369



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1