BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090013576 


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, award of additional constructive service credit (CSC).

2.  The applicant states, in effect, that his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) does not reflect the correct amount of credit for training or experience in unusual cases.  He was awarded only 2 months and 16 days for his American Board of Emergency Medicine (ABEM) certification, although he had been certified for over 5 years at the time.  He believes that his board certification time was not calculated correctly.

3.  In support of his application, the applicant provides copies of his Curriculum Vitae, his ABEM diploma, and his DA Form 5074-R.

CONSIDERATION OF EVIDENCE:

1.  The applicant submitted a copy of his ABEM Board Certification diploma which shows he meets the requirements for that board from 21 November 2002 to 31 December 2012.

2.  The applicant's military records show he was appointed in the U.S. Army Reserve (USAR) Medical Corps (MC) as a captain effective 22 January 2008 with 11 years, 2 months, and 16 days of CSC with a date of rank of 6 November 2000.  He is currently serving in the USAR.

3.  The applicant also submitted a copy of his DA Form 5074-R, dated 7 July 2008.  This form shows he was awarded 3 years of credit for his professional experience from 2 July 2001 to 2 July 2007.  The credit awarded for his training or experience in unusual cases from 3 July 2007 to 4 December 2007, a period of 5 months and 1 day, was only 2 months and 16 days of credit.  The total CSC awarded was 11 years, 2 months, and 16 days.  Four years of credit was required for his entry grade of captain.  The excess credit of 7 years, 2 months, and 16 days adjusted his date of rank from 22 January 2008 to 6 November 2000.

4.  In an advisory opinion, dated 5 March 2010, the Program Manager, MC Health Services Directorate, United States Army Recruiting Command, stated that after a careful review of the applicant's record, CSC of 2 months and 15 days should be awarded in addition to what he already received.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) specifies that credit for training or experience in unusual cases shall be given day for day; therefore, his credit should have been the full 5 months and 1 day vice only 2 months and 16 days.  Based on the foregoing, the applicant's new total CSC should be 11 years, 5 months, and 1 day and his date of rank should be adjusted to 21 August 2001 [sic].

5.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 8 March 2010 and he concurred on 16 March 2010.  In addition, he requested additional award of CSC for his professional experience by changing his starting date to the suggested date of 1 July 1998.  This would give him approximately 3 years, 5 months, and 21 days of credit.  His also requested his training or experience in unusual cases credit starting date be changed to the suggested date of 2 July 2004.  If these changes are allowed, then his initial credit would be a little over 14 years and the rank of major would be awarded.

6.  Army Regulation 135-101 prescribes the policies, procedures, and eligibility criteria for the appointment of commissioned officers in the Reserve in the six branches of the Army Medical Department.  This regulation specifies that an individual appointed with 7 years or more, but less than 14 years, would be appointed in the grade of captain.  An individual appointed with 14 years (the maximum for MC appointment), but less than 21 years, would be appointed in the grade of major.  Credit for professional experience shall be given 1/2 year for each year of experience (up to the maximum of 3 years) or 1 year for each year in the specialty in which assigned.  A period of time can only be counted once.


DISCUSSION AND CONCLUSIONS:

1.  In view of the facts in this case, the applicant is entitled to correction of his records to show he was awarded an additional 2 months and 15 days CSC at the time of his appointment in the USAR MC on 22 January 2008, for a total of 11 years, 5 months, and 1 day of CSC.  Based on this correction, the applicant is also entitled to an adjusted date of rank for captain to 21 August 2000.

2.  The applicant concurred with the advisory opinion provided in this case and requested additional award of CSC by changing his professional experience and training or experiences in unusual cases starting dates to the suggested earlier dates.  For professional experience the maximum credit is 3 years for which he has already been awarded.  

3.  CSC for training or experiences in unusual cases has already been awarded to the applicant.  Additional credit cannot be awarded for earlier dates because he has already been granted credit for experience.  To do so would grant credit for the same period twice which is not authorized.

4.  Based on the evidence provided at the time of his appointment and additional award of CSC, it appears he was awarded the proper amount of CSC for professional experience allowable in his case.  Therefore, he is not entitled to any additional CSC for his professional experience.  He is also not entitled to additional CSC for training or experiences in unusual cases in addition to what he will receive as a result of this Board's action.  The applicant was also properly appointed in the grade of captain based on the total award of 11 years, 5 months, and 1 day and the grade for which he qualified.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  ____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was appointed in the USAR MC as a captain effective 22 January 2008 with 11 years, 5 months, and 1 day of constructive service credit and an adjusted date of rank of 21 August 2000.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional award of constructive service credit for his professional experience and training or experiences in unusual cases and appointment in the grade of major.



      ____________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)                                         AR20090013576



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ABCMR Record of Proceedings (cont)                                         AR20090013576



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