IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100022082 


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 show she was granted 15 years of constructive service credit and reappointed as a lieutenant colonel (LTC)/O-5, Medical Corps.

2.  The applicant states the Army recruiter promised that she would be appointed as an LTC/O-5.  She further contends that she was not given constructive service credit for a 3-year Master in Medicine; a 1-year fellowship; and 2 years of residency.  The Army should award her at least 15 years of constructive service credit and reappoint her in pay grade O-5.  She bases her contention on her education, professional training, and work experience.

3.  The applicant provides copies of this Board's previous letter close, Docket Number AR20090013269, concerning a portion of the same issue in this case, dated 17 February 2010, with enclosures; and an advisory opinion from the U.S. Army Recruiting Command, dated 4 January 2010. 

CONSIDERATION OF EVIDENCE:

1.  In a letter from this Board, dated 17 February 2010, the applicant was advised that Docket Number AR20090013269, was administratively closed because the Commander, U.S. Army Human Resources Command had published orders adjusting her date of rank for major to 20 December 2006, which was much more favorable than the relief recommended by the 4 January 2010 advisory opinion.

2.  The advisory opinion, dated 4 January 2010, stated that her date of rank should be adjusted to 15 October 2008 based on 10 years, 3 months, and 
13 days of constructive service credit for education and work experience, and the 10-year requirement for the rank/grade of major (MAJ)/O-4.

3.  In the processing of this case, on 17 February 2011, another advisory opinion was obtained from the Program Manager, Medical Corps, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY.  The advisory official stated that another review was made of the applicant's records.  The review concluded that:

	a.  no additional information was found that warranted additional constructive service credit;

	b.  the rank determination is based on the regulatory guidance found in Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel).  Rank is not determined by recruiters; and

	c.  there is no official documentation supporting her claim of 5 years residency in pathology.  She was given credit for 2 years in residency.

	d.  she was given 2 years credit for her Master's of Science and 1 year of credit for her fellowship.

4.  A copy of the advisory opinion was forwarded to the applicant on 17 February 2011 for her information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

5.  DODI 6000.13 provides at:

	a.  6.1. Entry Grade Credit, a prospective health professions officer’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed, as stated in paragraph 6.1.3., below.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise.  Credit shall be awarded in accordance with this Instruction and Title 10, U.S. Code, sections 533 and 12207 (reference (c)).

	b.  6.1.3. Maximum Entry Grade Credit, the total entry grade credit granted shall be no more than that required for an officer to be eligible for an original appointment in the rank of MAJ or lieutenant commander.

	c.  6.1.5.1. (Waivers), when an individual is eligible for entry grade credit in excess of that required to receive an entry grade of MAJ or lieutenant commander, the Secretary of the Military Department concerned may, in individual cases, grant a waiver to entry grade credit limits if substantial reasons exist that warrant the individual to be commissioned at a higher grade than normal credit policy would allow.

	d.  6.1.5.2., the Secretary of the Military Department concerned shall establish formal procedures to review and approve requests for entry grade credit waivers and shall ensure that waivers are consistent and equitably applied in similar circumstances.

	e.  6.1.5.3., in considering a waiver request, the Secretary of the Military Department concerned must determine that the individual receiving the waiver possesses the overall ability to perform effectively at the higher grade level, and that the waiver would not have a detrimental effect on the efficiency and effectiveness of the individual’s military assignment.

	f.  6.1.2.2.2 states that credit for master's 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 up to two years for a master's degree and up to four years for a doctorate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be granted 15 years of constructive service credit and reappointed as an LTC, Medical Corps.

2.  The regulatory guidance provides that the total entry grade credit will not exceed that required for an original appointment in the rank/grade of MAJ/O-4, without a waiver approved by the Secretary of the Army.  Such waivers may not be detrimental to the efficiency and effectiveness of the individual's military assignment.  There is no evidence that such a waiver was requested or considered.

3.  In addition, she requested constructive credit for a 3-year Master in Medicine; a 1-year fellowship; and 2 years of residency.  The advisory opinion indicated she received the maximum allowable credit for these areas.  She does not explain where the additional credit should be awarded.

4.  There is no evidence of error or injustice in this case.  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 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)                                         AR20100022082



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ABCMR Record of Proceedings (cont)                                         AR20100022082



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