BOARD DATE: February 18, 2010
DOCKET NUMBER: AR20090009267
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 his records be corrected to show he was awarded 9 years and 4 months of constructive service credit (CSC) instead of 9 years and 20 days.
2. The applicant states he was given credit for professional experience from 25 July 2003 to 5 September 2007. However, he maintains that the correct through date should have been 5 June 2008.
3. The applicant provides copies of his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), a request for employment verification, an internal medicine certification, a university transcript, resident in medicine certificates, promotion orders, and a DA Form 1059 (Service School Academic Evaluation Report).
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he was appointed as a Reserve Medical Corps (MC) officer on 3 June 2008 with an active duty date of rank in the grade of captain of 13 May 2003.
2. The applicant's transcript, internal medicine diploma, and resident of medicine certificates substantiate the information contained on his DA Form 5074-R. The DA Form 5074-R shows the applicant was awarded CSC in the following amount for the following dates, degrees, internship, professional education, and/or professional experience: Doctor of Medicine, Azad University Tehran Medical School, Tehran, Iran, from 6 January 1986 to 8 November 1993, 4 years; Internship, Harbor Hospital, Baltimore, Maryland, from 1 July 2000 to 30 June 2003, 1 year; Professional Education, Internal Medicine, from 1 July 2001 to 30 June 2003, 2 years; and Professional Experience, License D60715, from 25 July 2003 to 5 September 2007, 2 years and 20 days. He was awarded a total of 9 years and 20 days of CSC.
3. The Request for Employment Verification shows the applicant was employed as a physician at the Peninsula Regional Medical Center from 11 August 2003 to 5 June 2008.
4. In the processing of this case, an advisory opinion was obtained from the Program Manager, MC, Health Services Directorate, U.S. Army Recruiting Command (USAREC), Fort Knox, Kentucky. The MC Program Manager stated that after reviewing the applicants case, it does not warrant changes in his previous entry grade credit as shown on his DA Form 5074-R. He explained that the Department of Defense Instruction credit of 1/2 year for each year of experience up to a maximum of 3 years of CSC may be granted for experience in a health profession, if such experience is directly used by the military service.
5. The MC Program Manager further stated that calculations of CSC will only be considered up to the board date in which the applicant was considered for selection by the MC. He added that the applicant's board convened on 5 September 2007. Therefore, the applicant's professional experience would only be considered from 25 July 2007 to 5 September 2007, a total of 2 years and 20 days under professional experience.
6. A copy of the advisory opinion was provided to the applicant for comment or rebuttal, but he failed to respond.
7. A member of the Board staff contacted USAREC in reference to the regulatory guidance supporting its statement that "
calculations of CSC will only be considered up to the board date in which the applicant was considered for selection by the MC," as cited in its advisory opinion. USAREC stated that the decision to use the board date as the through date for CSC was made years ago to streamline the process and eliminate room for error due to numerous follow ups and changing accession dates. USAREC said that the standard established ensured equality throughout the Army.
8. Department of Defense Instruction 6000.13, paragraph 6.1.2.2.5, states that credit of 1/2 year for each year of experience up to a maximum of 3 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was granted CSC for the period 25 July 2003 to 5 September 2007. As stated in the advisory opinion, calculations of CSC will only be considered up to the board date in which the applicant was selected for the MC. Although the practice of using the board date as the through date for awarding CSC is not in writing, USAREC established this policy to streamline the process and eliminate room for error. Additionally, this policy is used to ensure equality throughout the Army. Therefore, the applicant's record that shows 9 years and 20 days of CSC is correct as constituted.
2. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that 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) AR20090009267
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009267
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110024394
An additional 4 months can be awarded for his fellow time (August through December 1999); and f. work experience: DODI 6000.13, section 6.1.2.2.5, states "credit of 1/2 year for each year of experience up to a maximum of 3 years of constructive credit, may be granted for experience directly used by the Military Service concerned." In conclusion, the MC Program Manager recommended that the applicant's total constructive credit be adjusted to reflect 9 years, 9 months, and 5 days with an...
ARMY | BCMR | CY2014 | 20140005613
If he had completed the fellowship prior to the board date, it could have been considered in the board process and resulted in an earlier DOR. HRC Order Number 274-005, dated 30 September 2012, shows the applicant's adjusted DOR for the rank/grade of MAJ/O-4 was determined to be 19 June 2008, 4 years and 16 days prior to his entry on active duty. The USAREC Health Services Directorate should amend his DA Form 5074-R to show he was granted entry-grade credit as follows: * credit awarded for...
ARMY | BCMR | CY2008 | 20080004246
c. Commonwealth of Virginia License to Practice Medicine and Surgery, dated 21 January 2005. d. Letter, dated 23 August 2007, Appointment to Martha Jefferson Hospital, effective 13 September 2006. e. Appointment as a Reserve Commissioned Officer, Memorandum, dated 12 October 2006. f. Oath of Office, dated 27 October 2006. g. DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 27 October 2006. h. U.S. Army Human Resources Command (HRC), St. Louis,...
ARMY | BCMR | CY2008 | 20080010384
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. The applicants 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. 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...
ARMY | BCMR | CY2007 | 20070017299
The applicant's DA Form-5074-R, dated 10 August 2006, shows that he was granted 13 years of appropriate CSC. 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. 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...
ARMY | BCMR | CY2008 | 20080006032
Appointment as a Reserve Commissioned Officer, Memorandum, dated 7 August 2006. c. Oath of Office, dated 7 August 2006. d. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2007. e. New York State, Physician Registration Certificate, valid through 31 July 2009. f. Controlled Substance Registration Certificate, dated 26 January 2007, Washington, D.C. g. Committee on Trauma Card, December 2005 to December 2009, American College of Surgeons. The USAREC...
ARMY | BCMR | CY2008 | 20080010183
Correction of her records to show she was granted an additional 6 months of constructive service credit (CSC) for continued appointment in the U.S. Public Health Service (USPHS) Reserve Corps prior to direct commission into the U.S Army Medical Corps (MC); b. d. Department of Health and Human Services (HHS), Public Health Service, Rockville, Maryland (MD), Personnel Order Number 8263.001, dated 19 September 1988. e. U.S. Public Health Service, Department of HHS, Statement of Service, dated...
ARMY | BCMR | CY2012 | 20120005479
Errors on the DA Form 5074-1-R include: * recording his Doctor of Philosophy (PhD) degree in clinical psychology as a Doctor of Psychology (PsyD) * failure to record his Master of Arts (MA) degree in clinical psychology and MA in counseling * failure to record his post-doctoral residency in gerontology * failure to document his licenses to practice psychology in Florida and Georgia * failure to record his post-doctoral completion of forensic examiners training * failure to record his 7 years...
ARMY | BCMR | CY2008 | 20080014686
The applicant requests he be granted constructive service credit (CSC) for his Master of Science (MS) degree in Pharmacology, with a corresponding correction to his date of rank as a captain. The opinion cites Department of Defense (DOD) Instruction 6000.13 stating, " credit for masters and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent...
ARMY | BCMR | CY2013 | 20130002987
The applicant requests correction of his military records to show he was granted an additional year of constructive service credit (CSC). The applicant states he should have received an additional year of CSC based on the criteria shown in Table 3-5 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches). The applicant provides: * Army Regulation 135-101, pages 17, 19, and 23, dated 15 February 1984 * Army Regulation...