IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100010280
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 her military records to adjust her health professions pay entry date (HPPED) to credit her with 8 years of service.
2. The applicant states that HPPED includes years of internship, residency, and years of practicing medicine. Her HPPED currently credits her with only 4 years, but she has been a pediatrician for 8 years. She started her residency in June 2002, graduated from residency in June 2005, and began practicing as a pediatrician in 2005. She has been board certified in pediatrics since October 2005. Correcting her HPPED would result in a change to her variable special pay she is receiving, which is currently based on only 6 years instead of 8 years.
3. The applicant provides copies of her DA Form 4037 (Officer Record Brief), orders to active duty with amendments, DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), diploma for the degree of Doctor of Osteopathic Medicine, diploma for Residency in Pediatrics, License to Practice Medicine and Surgery, The American Board of Pediatrics Board Certification, and a certificate showing she was elected as a Fellow of the American Academy of Pediatrics.
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was serving in the Regular Army as a captain (CPT)/O-3, Medical Corps.
2. Orders A-09-817982, U.S. Army Human Resources Command, St. Louis, MO (USAHRC-STL), dated 16 September 2008, as amended on 24 October and
26 November 2008, ordered the applicant to active duty for a period of 4 years. She was granted 7 years of constructive service credit and 3 years of HPPED credit.
3. In the processing of this case, an advisory opinion was obtained from the Program Manager, Medical Corps, Health Services Directorate, U.S. Army Recruiting Command, Fort Knox, KY. The advisory official stated that the applicant's records were carefully reviewed. HPPED is calculated based on the physician's internship, residency, and day-for-day active duty service (emphasis added) in the Medical Corps' area of concentration (AOC) resulting from completion of residency. The applicant's records show she was in residency from 1 July 2002 to 30 June 2005, and she was appointed and entered active duty on 10 November 2008. The applicant also served in the U.S. Army Reserve (USAR) from 1 July 2005 to 9 November 2008, but had no active duty during this period. Based on these dates of service, the applicant's HPPED was 3 years, which is accurately reflected. The advisory official recommended denial of the applicant's request.
4. On 18 May 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. No response was received.
5. Information Paper, Medical Corps Officers Special Pay Program for Fiscal Year 2008, from the Office of The Surgeon General, provides that HPPED is calculated by adding the total number of years, months, and days for all internships, residencies, and fellowships not performed on active duty, and all periods of active duty as a Medical Corps officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her HPPED should be adjusted to credit her with 8 years of service.
2. The available evidence shows that the applicant was credited with 3 years of HPPED based on her period of residency. However, she was not authorized any credit for her time while assigned to USAR because this was inactive service.
3. There is no evidence of error or injustice in the applicant's case.
4. In view of the above, the applicant's request should be denied.
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) AR20100010280
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ABCMR Record of Proceedings (cont) AR20100010280
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