IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090016958
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 reconsideration of her earlier request for constructive credit for her date of rank (DOR) to captain (CPT).
2. The applicant states she completed a 1-year residency program on 28 September 2001, but she was not appointed to the Army Reserve Dental Corps until 7 February 2002.
3. The applicant provides a Standard Form 50-B (Notification of Personnel Action) and a letter, dated 17 September 2009, in support of her request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070017343 on 24 September 2008.
2. The applicant provided two new documents that will be considered by the Board.
3. The applicant was appointed as a Reserve commissioned officer in the Dental Corps on 7 February 2002.
4. The applicant's DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officer)) prepared on 13 February 2002 shows she was awarded 4 years of constructive service credit for her Doctor of Dental Surgery degree awarded in June 1998. Her entry grade was determined as a CPT with a DOR of 7 February 2002. No other constructive credit was awarded to the applicant.
5. The applicant provided a Standard Form 50-B which shows she was promoted from a dentist (1st year resident) to a dentist (2nd year resident) at the Department of Veterans Affairs (VA) Medical Center effective 7 October 2001.
6. The applicant completed her dental general practice residency program on 30 June 2002.
7. Table 3-1 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides that 1 year of credit for successful completion of an internship or first-year medical education may be awarded to Medical Corps officers, but is not applicable to Dental Corps or other Army Medical Department officers.
8. DOD Instruction (DODI) 6000.13 is the governing directive for granting constructive service credit. Paragraph 6.1.2 states that this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.
9. DODI 6000.13, paragraph 6.1.2.2.1, states that 4 years of constructive service credit shall be granted for completion of first professional degrees that include medical, osteopathy, dental, optometry, podiatry, veterinary, and pharmacy.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she completed a 1-year residency program on 28 September 2001, but she was not appointed to the Army Reserve Dental Corps until 7 February 2002 is acknowledged.
2. The applicant's Standard Form 50-B shows she completed 1 year of residency at the VA Medical Center as of October 2001. However, she did not fully complete her residency until 30 June 2002.
3. The applicant's military records show that she was appointed as a Reserve commissioned officer in the Dental Corps on 7 February 2002. She was awarded 4 years of constructive credit for her basic qualifying degree she completed in June 1998. As a result, her entry grade was determined as CPT with a date of rank of 2 February 2002. Since the applicant did not fully complete her residency program until after she was appointed, she is not eligible for additional constructive service credit for her residency. In addition, Table 3-1 of Army Regulation 135-101 does not provide for 1 year of constructive service credit for Dental Corps officers.
4. Therefore, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20070017343, dated 24 September 2008.
____________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) AR20090016958
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