BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100020758 


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 additional constructive service credit (CSC).

2.  The applicant states the DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers)) that was submitted upon his appointment in the U.S. Army Reserve (USAR) did not award him CSC for his Master of Science in Microbiology, Doctor of Philosophy (PhD) in Genetics, or for Board Certification in Obstetrics and Gynecology (OB/GYN).  These credentials are the basis of his medical faculty status at State University of New York (SUNY). 

3.  The applicant provides:

* DA Form 5074-R
* Master of Science Diploma, dated 18 May 1975
* PhD Diploma, dated 31 August 1984
* American Board of Obstetrics and Gynecology (ABOG) Diploma, dated 17 January 2008
* Letter appointing him a faculty member of SUNY, dated 18 September 2009
* Letter from The George Washington University reappointing him as an adjunct professor, dated 5 June 2008
* Letter of Recommendation, dated 9 April 2010




CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was awarded a Master of Science Degree on 18 May 1974 and a PhD on 31 August 1984.  He attended George Washington University from September 1995 to May 1999 and he received his Medical Doctor (MD) degree on 16 May 1999.  He completed an internship at the Women and Infants Hospital of Rhode Island from June 1999 to March 2001 and an ABOG residency program from July 2002 to September 2004.  

2.  He was appointed as a Reserve commissioned officer in the Medical Corps (MC) of the USAR and executed an Oath of Office on 27 March 2008.  His appointment memorandum shows his entry grade as captain (CPT) and that he was awarded 9 years, 8 months, and 23 days of CSC.  He was assigned to the 865th Combat Support Hospital, Utica, NY.

3.  A DA Form 5074-R was prepared on 29 April 2008 in connection with this appointment.  This form shows award of 9 years, 8 months, and 23 days of CSC as follows:

* 4 years for an MD, at  The George Washington University from 1 September 1995 to 16 May 1999
* 1 year for an internship at the Women and Infants Hospital of Rhode Island from 23 June 1999 to 12 March 2001
* 3 years for graduate professional education, the OB/GYN residency program, ABOG from 1 July 2002 to 22 September 2004
* 1 year, 8 months, and 23 days for professional experience for his New York License from 1 October 2004 to 17 March 2008  

4.  His total CSC qualified him for the entry grade of CPT (4 years).  The excess CSC (5 years, 8 months, and 23 days) was applied towards his date of rank (DOR) which was established as 4 July 2002. 

5.  On 10 March 2011, an advisory opinion was obtained from Headquarters, U.S. Army Recruiting Command, Fort Knox, KY in the processing of this case.  This official recommended disapproval of the applicant's request and stated:

	a.  CSC is calculated based on the guidance of DOD Instructions (DODI) 6000.13 (Medical Manpower and Personnel).  Paragraph 6.1.2.2.6 states that additional credit in unusual cases, based on special education or experience can be granted by the Secretary of the Military Department or designee.  As determined by the Secretary, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as a commissioned officer.  The amount of credit shall be 1 year for each year of special education or experience.  Maximum credit under subparagraph 6.1.2.2.5 must be earned before earning any experience credit under this paragraph.

	b.  Paragraph 6.1.2.2.5 states that credit for one half 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 Department concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.

	c.  The applicant's work experience was calculated at 1 year, 8 months, and 23 days.  Per the above directive, maximum work experience (which is 3 years) must be earned before earning credit for advanced degrees or board certification. In this case, the applicant would not receive credit for his advanced degrees or board certification.

6.  The applicant responded with a rebuttal on 8 April 2011 wherein he stated that:

	a.  He graduated from residency on 22 September 2004 and he began work as a staff physician on 1 October 2004.  Therefore, he had a minimum of 3 years and 179 days of experience as an independent, licensed physician on the date of his appointment.

	b.  His Master and PhD degrees were followed by two consecutive post-doctoral fellowships.  At a minimum, he should receive 2 years for the master degree and 5 years for the PhD.  The fellowship covered a period of 6 more years.  He taught premedical students at the University of Connecticut for 1 year from 1994 – 1995 and medical students at George Washington University as an adjunct assistant while he was a student himself for 3 years from 1996 - 1999.  These should be considered in awarding CSC.  

	c.  The DODI states the above credit should be considered only after awarding maximum credit under paragraph 6.1.2.2.5.  Under this paragraph, that is credit for 1/2 year for each year of professional experience after licensure.  He also points out that his first unrestricted license was granted in 2004 and he began working as an OB/GYN on 1 October 2004.  

	d.  Based on these facts, he had a minimum of 3 years and 179 days of experience on the date of his appointment (7 1/2 years if one begins with his limited license during residency). 

	e.  As of 1 April 2011, he has accrued 6 years and 5 months of experience since beginning work under an unrestricted license.  Either way, he has earned the maximum 3 years of CSC and he should be considered for additional credit based on his graduate degrees and board certification.

7.  Paragraph 6.1.2 (CSC) of DODI 6000.13 states CSC 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 DOR comparable to that attained by officers who begins commissioned service after getting a baccalaureate degree and serves for the period of time it would take to obtain the additional education. CSC shall be awarded as follows:

	a.  6.1.2.2.1. Four years of CSC shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.). 

	b.  6.1.2.2.2. Credit for master 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 education of up to 2 years for a master degree and up to 4 years for a doctorate.  Credit may not include time spent in attainment of baccalaureate or other lower degrees.  No additional credit may be given for more than one advanced degree in a single field, or closely-related field.  The total credit allowed for having both a master and a doctorate degree may not exceed the maximum allowed for a doctorate. 

	c.  6.1.2.2.3. The additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned.

	d.  6.1.2.2.4. Year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than 1 year in duration.

	e.  6.1.2.2.5. Credit of one-half 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.  Accordingly, volunteer or student status cannot be credited.

	f.  6.1.2.2.6. Additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of a Military Department, or designee.  As determined by Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers.  The amount of credit shall be 1 year for each year of special education or experience.  Maximum credit under subparagraph 6.1.2.2.5 above, must be earned before earning any experience credit under this paragraph.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the AMEDD.  Chapter 3 contains guidance on grade determinations.  Paragraph 3-2 provides the policy for determination of entry grade for officers not ordered to active duty.  It states, in pertinent part, that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase point shown in the Table ERR.  This Table shows that an individual appointed as a Reserve officer without concurrent call to active duty with less than 3 years grade credit, the entry grade would be a 2LT.  However, entry grade for medical officers is determined by an annual Department of the Army Circular and will be determined, in part, by the manning shortfalls in the specialty.  Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the DOR within that grade.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to authorize him additional CSC was carefully considered; however, there is insufficient evidence to support his request.

2.  He received 4 years of CSC for his medical degree.  The DODI states that credit for master and doctorate degrees shall be awarded based on actual full-time equivalent education of up to 2 years for a master degree and up to 

4 years for a doctorate.  Credit may not include the time spent in attaining the baccalaureate or other lower degrees.  No additional credit may be awarded for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master and a doctorate degree may not exceed the maximum allowed for a doctorate. 

3.  He received 1 year of CSC for his internship at the Women and Infants Hospital of Rhode Island from 1 July 2002 to 22 September 2004.  A maximum of 1 year of CSC may be authorized for successful completion of an internship.  

4.  He received 3 years of CSC for Graduate Professional Education (GPE), for his residency in OB/GYN from 1 July 2002 to 22 September 2004. GPE is the specialty required and 1 year is awarded for each year for a maximum of 3 years.

5.  He received 1 year, 8 months, and 23 days of CSC for his professional experience from 1 October 2004 to 17 March 2008.  Full time experience is not credited as a physician until after a qualifying degree is awarded at the rate of a half year for each year of experience up to a maximum of 3 years.

6.  According to paragraph 6.1.2.2.5 of the DODI, credit for one half 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 Department concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.  

7.  In view of the foregoing evidence, the applicant appears to have received the appropriate CSC.  He has not shown any error or injustice in the process.  Therefore, he is not entitled to the requested relief.

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)                                         AR20100020758



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ABCMR Record of Proceedings (cont)                                         AR20100020758



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