IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100023845
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 that his constructive service credit be re-calculated and that he be issued a new DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer).
2. The applicant states he did not receive full credit for his United States Army Reserve service. He should have received 4 years, 9 months, and 10 days of constructive credit instead of 4 years, 4 months, and 10 days.
3. The applicant provides his:
* DA Form 5074-1-R dated 22 December 2006
* Appointment Memorandum
* Chronological Statement of Retirement Points
* Oaths of Office
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Medical Service Corps second lieutenant in the United States Army Reserve (USAR) on 4 February 2006. He had a PhD in Molecular Biology at the time of his appointment.
2. On 5 April 2007, he was accessed to active duty in the Regular Army in the rank of captain with 4 years, 4 months, and 10 days of constructive service credit.
3. In the processing of this case a staff advisory opinion was obtained from the Human Resources Command at Fort Knox, Kentucky which opines that coordination with Recruiting Command officials confirms that the applicants constructive credit and date of rank for his promotion to the rank of captain are incorrect. The applicant should receive a new DA Form 5074-1-R reflecting that he should receive approximately 4 years, 9 months, and 10 days of constructive credit. The advisory opinion was provided to the applicant and he concurred with the opinion.
4. Department of Defense Directive 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs. Paragraph 6.1.1.3. provides that commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive credit is awarded, shall be awarded day-to-day credit for service performed. An officer on active duty or in an active status who completes a program that would qualify for credit under subparagraph 6.1.2.2. in less than the number of years normally required may be given constructive credit by the Secretary of the Military Department concerned. Constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category.
5. Subparagraph 6.1.2.2 provides that constructive credit shall be awarded as follows:
a. 4 years of constructive credit shall be granted for completion of the first professional degree that include medical (M.D), osteopathy (DO), 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. Credit for masters and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an advanced degree, shall be awarded based on an actual full-time equivalent education of up to 2 years for a masters degree and up to 4 years for a doctorate. The total credit allowed for having both a masters and a doctorate degree may not exceed the maximum allowed for a doctorate.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his constructive service credit was improperly calculated has been considered and appears to have merit.
2. The advisory opinion provided by the Human Resources Command in coordination with Recruiting Command officials indicates the applicant was not given day-to-day credit for his USAR service and as a result he was not given the proper constructive service credit or date of rank for promotion to the rank of captain.
3. Accordingly, it would be in the interest of justice to re-compute the applicants constructive service credit and issue him a new/corrected DA 5074-1-R.
4. Additionally, his date of rank for promotion to captain should be corrected accordingly and he should receive all back pay and allowances that flow from this change.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Recomputing the applicants constructive service credit and issuing him a corrected DA Form 5074-1-R
* Correcting his date of rank to captain and paying him all back pay and allowances that flow from this change
_______ _ __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) AR20100023845
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023845
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000150
The applicant states: a. information concerning his civilian professional biochemistry experience was inadvertently omitted in the constructive service credit section of his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)). In accordance with USAREC Regulation 601-37, constructive credit is calculated up to the date of board, which was 14 April 2009. c. in reference to his additional credit for work experience after he graduated from the University of...
ARMY | BCMR | CY2008 | 20080014686
The applicant requests he be granted constructive service credit (CSC) for his Master of Science (MS) degree in Pharmacology, with a corresponding correction to his date of rank as a captain. The opinion cites Department of Defense (DOD) Instruction 6000.13 stating, " credit for masters 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...
ARMY | BCMR | CY2010 | 20100012852
He goes on to state that in those cases, the individuals masters degree did not decrease their residencies nor was it a prerequisite for completing their doctoral degrees. Credit for masters and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an advanced degree, shall be awarded based on an actual full-time equivalent education of up to 2 years for a masters degree and up to 4 years for a doctorate. Each case considered by...
ARMY | BCMR | CY2006 | 20060003583C070205
The applicant’s DA Form 5074-R (Record of Entry Grade Credit (Medical and Dental Officers) dated 6 October 2003 shows he received 4 years credit for his basic medical education degree as a Doctor of Medicine. 6.1.2.2.2. 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 of up to two years for a master’s degree and...
ARMY | BCMR | CY2014 | 20140004789
The applicant requests that she be granted additional constructive service credit. Accordingly, she was not awarded additional constructive service credit for experience or education. Paragraph 6.1.1.3. provides that commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive credit is awarded, shall be awarded day-to-day credit for service performed.
ARMY | BCMR | CY2009 | 20090007151
The applicant requests, in effect, correction of his records to show he was granted 3 years and 2 days of constructive credit upon entry in the U.S. Army Reserve (USAR). The applicant requests correction of his records to show he was granted 3 years and 2 days of constructive credit upon entry in the USAR because he was awarded an MSN degree in December 2008. Records show the applicant was granted 1 year, 0 months, and 2 days of "years of service in an active status" upon appointment as a...
ARMY | BCMR | CY2008 | 20080019036
The applicant provides copies of his MPHTM diploma, his MPHTM transcript, two DA Forms 71 (Oath of Office - Military Personnel), orders that released him from active duty, his Medical School Diploma, an unprocessed DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), and his Officer Record Brief (ORB) as documentary evidence in support of his application. Additionally, Item 4 of Table 3-1 (Constructive Service Credit) of Army Regulation 135-01 [actually...
ARMY | BCMR | CY2004 | 20040005396C070208
In pertinent part, it provides that an officer other than Medical Corps who is awarded 7 years or more but less than 14 years of entry grade credit will be appointed as a captain and who is awarded entry grade credit 14 years or more but less than 21 years of entry grade credit will be appointed a major. Paragraph 6.1.2.2 states that constructive service credit shall be awarded as follows: Paragraph 6.1.2.2.1: four years of constructive service credit shall be granted for completion of...
ARMY | BCMR | CY2005 | 20050004566C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that he be awarded additional constructive credit based on his professional experience and that his rank be adjusted accordingly. The applicant's DA Form 5074-R shows he was awarded 4 years of credit for his Doctor of Medicine Degree, 1 year of credit for his internship, 2 years of credit for his residency, and 3 years of...
ARMY | BCMR | CY2013 | 20130017897
Credit should be awarded on a year-for-year basis for his American Psychological Association (APA) accredited internship conducted from 1 July 2008 to 30 June 2010. c. Items 18 to 21 (Basis for Award), (Inclusive Dates), and (Credit Awarded), respectively, of Section D (Credit for Professional Experience) for additional credit awarded in unusual cases. In all, the applicant was awarded a total of 5 years, 1 month, and 9 days of CSC. The evidence of record shows the applicant was awarded a...