BOARD DATE:	       18 August 2011

		DOCKET NUMBER:  AR20100028369 


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, in effect:

* correction of his records to show he was awarded 16 years of constructive service credit (CSC) instead of 14 years
* correction of his rank and grade from major (MAJ)/O-4 to lieutenant colonel (LTC)/O-5
* adjustment of his DA Form 5074-R (Record of Award of Entry Grade Credit), DA Form 71 (Oath of Office), and letter of appointment to show his entry grade as LTC/O-5

2.  The applicant states he left active duty on 30 September 2002, despite being promotable to LTC with an anticipated promotion date of 1 December 2002.  He re-entered active duty on 1 October 2010 as a MAJ and now wishes to have his date of rank (DOR) adjusted based on the cumulative time he spent in medical school, internship, residency, active service as a medical corps officer, and 8 years as a private-practice physician.

3.  The applicant provides:

* Philadelphia College of Osteopathic Medicine transcripts, dated 31 May 1992
* U.S. Army Medical Department Transitional First Post-Graduate Year Certificate of Completion, dated 30 June 1993
* U.S. Army Medical Department Residency Training in Ophthalmology Certificate of Completion, dated 30 June 1997
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* U.S. Army Human Resources Command Orders A-08-024269, dated 30 August 2010
* DA Form 71, dated 28 September 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant attended the Philadelphia College of Osteopathic Medicine, Philadelphia, PA, from 1988 to 1992, and was awarded a Doctor of Osteopathic Medicine Degree (MD) on 31 May 1992.  He subsequently completed his internship and residency, and was awarded licenses in ophthalmology, osteopathy, and surgery.  He currently serves on active duty in the rank/grade of MAJ/O-4, assigned as the Chief, Ophthalmology Services, at the Dwight D. Eisenhower Army Medical Center, Fort Gordon, GA.

2.  Having prior enlisted and commissioned service, the applicant was appointed as a Reserve commissioned officer of the Army in the Medical Corps (MC) on 18 June 1992 in the rank/grade of captain (CPT)/O-3.  On 8 October 1992, his DOR was adjusted to 1 December 1990.

3.  On 30 September 2002, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 10 years, 3 months, and 13 days of net active service during this period.  His DD Form 214 further shows his rank at the time of his separation was MAJ and his DOR was 1 December 1996.

4.  U.S. Army Human Resources Command Orders A-08-024-269, dated 30 August 2010, ordered him to active duty on 1 October 2010 for an indefinite period.

5.  The DA Form 5074-R completed and signed on 7 June 2010 awarded him 14 years of total CSC.  The form provides no further elaboration to determine how the total CSC was attributed to each sub-area (e.g., receiving an MD, completion of internship, completion of residency, specialized training, professional experience, etc.).  Item 38 (Grade for which Credit Qualifies) shows he was qualified to enter active duty as a MAJ based on highest grade held (HGH).

6.  In the processing of this case, an advisory opinion was provided by the U.S. Army Recruiting Command (USAREC) Program Manager, MC, dated 24 June 2011.  The USAREC official stated that after thorough research and consultation with MC leadership, the MC supports award of the rank of LTC in this case.  The USAREC official attached a new DA Form 5074-R in which he awarded the applicant 16 years of total CSC.  The form provides no further elaboration to determine how the total CSC was attributed to each sub-area.  Item 38 shows he was qualified to enter active duty as an LTC.

7.  A copy of the advisory opinion was provided to the applicant to allow him to submit comments or a rebuttal.  The applicant did not respond.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides policies, eligibility requirements, and processing procedures for the appointment of Reserve commissioned officers for assignment to Army Medical Department (AMEDD) branches, with or without concurrent call to active duty.

   a. Paragraph 3-1 states the grade and DOR upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry-grade credit awarded.  The maximum entry-grade credit for appointment is 14 years.

   b. Paragraph 3-1 further states the Secretary of the Army or designee may waive the maximum entry grade credit limit in certain situations when a manning shortfall exists in the specialty within medicine or dentistry, or within the other AMEDD specialty to which the individual will be assigned or appointed, or where serious inequities would otherwise result.

   c. Paragraph 3-3 states the criteria for determining the grade of Reserve officers ordered to active duty in an AMEDD corps will be updated at least annually and published in the Department of the Army Circular 601-series for the appropriate corps.

9.  The Office of the Surgeon General (OTSG) publishes an annual list of promotion phase-in points for entry-grade determination in lieu of similar publication in the Department of the Army Circular 601-series.  The Fiscal Year 2011 Promotion Phase-In Points for Entry-Grade Determination memorandum, dated 4 April 2011, states the minimum amount of CSC necessary to be assessed as an LTC is 16 years.

DISCUSSION AND CONCLUSIONS:

The applicant was ordered to active duty as a MAJ on 1 October 2010.  At the time he should have been credited with 16 years of CSC.  According to the revised OTSG memorandum, he qualified for entry as an LTC based on his CSC. Therefore, his records should be corrected to show he was appointed as an LTC vice MAJ.
BOARD VOTE:

____x_  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to show he was ordered to active duty as an LTC with an effective date and DOR of 1 October 2010.



      ___________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)                                         AR20080006032



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ABCMR Record of Proceedings (cont)                                         AR20100028369



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