IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20090000154
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 he receive constructive service credit for Board Certification.
2. The applicant states that he should have received entry grade credit for his years of board certified experience. He states "
I was given 8 years constructed credit when I was recruited
I have been Board certified since the
17th of November 1995
."
3. The applicant provides, in support of his request, copies of his DA Form 2B (Personnel Qualification Record); his personal page on the American Board of Obstetrics and Gynecology website; a certificate as a fellow of the American College of Surgeons; certificates as a fellow of the International College of Surgeons, dated 2001 and 2004; a certificate as a diplomate of the American Board of Obstetrics and Gynecology, from November 1995 through December 2005; a certificate as a member of the Association of Military Surgeons, dated September 2005; a certificate of membership in the American College of Medical Quality, dated July 1997; certificates of appreciation from the U.S. Army Freedom Team and First Army Headquarters; orders to active duty, dated 2 October 2008; and a letter to the applicant from the American Board of Obstetrics and Gynecology, dated 26 November 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a U.S. Army Reserve (USAR) Medical Corps captain on 9 August 2001.
2. His DA Form 5974-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) lists the following details in Part I - Constructive Credit:
a. Section A (Credit for Basic Qualifying Degree) shows 4 years, 00 months, and 00 days credit for his Doctor of Medicine;
b. Section B (Credit for Internship) shows 1 year, 00 months, and 00 days credit for the period 1 July 1989 to 30 June 1990;
c. Section C (Credit for Graduate Professional Education) shows 3 years,
00 months, and 00 days for residency in OB/GYN during the period 1 July 1990 to 30 June 1993; it notes that he was Board certified in OB/GYN in November 1995;
d. Section D (Credit for Advanced Education Beyond Basic Qualifying Degree shows 0 years, 00 months, and 00 days; and
e. Section E (Credit for Professional Experience) shows he practiced continuously from 1 February 1994 through 21 January 2000 [a period of 6 years] and that he received 3 years, 00 months, and 00 days.
3. The DA Form 5974-R further shows in Part III (Computation of Entry Grade and Date of Rank) that he received 11 years of constructive credit. He was appointed a captain, pay grade O-3, which used 4 years of the constructive credit. The remainder of 7 years, 00 months, and 00 days was applied to make his date of rank 9 August 1994.
4. He was promoted to major with a date of rank of 20 June 2003.
5. Department of Defense Instruction 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, paragraph 6.1 provides the instructions for awarding entry grade credit. It states, a prospective health professions officers 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, as stated in paragraph 6.1.3., below. A period of time shall be counted only once when computing entry grade credit [emphasis added], and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise. Credit shall be awarded in accordance with this Instruction and Title10, U.S. Code, sections 533 and 12207.
DISCUSSION AND CONCLUSIONS:
1. The applicant believes that he is due additional constructive service for being board certified.
2. The applicant, who was appointed a USAR Medical Corps captain on
9 August 2001, received 11 years of constructive service credit, or back to August 1990. He has already received constructive credit for a period of time that started well before he became board certified in Nov 1995. In accordance with the governing regulation, a period of time can be counted only once. Therefore, there is no basis for granting additional constructive credit.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090000154
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ABCMR Record of Proceedings (cont) AR20090000154
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