IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110011011 


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 reconsideration of her previous request for correction of her military records to show she was granted 1 year of constructive service credit for her fellowship training and 2 additional years of constructive service credit for her residency instead of the 2 years credit for residency she received when she was appointed as a major (MAJ)/O-4, in the Medical Corps (MC).

2.  The applicant states she did a 1-year fellowship in clinical pathology at the National Institutes of Health (NIH) in 2000 to 2001 followed by a 2-year residency at the University of Kansas Medical Center (UKMC) from 2001 to 2003, prior to transferring to Winthrop University Hospital (WUH).  However, she was only given a 2-year credit for her residency at WUH instead of the 5-year credit she should have received.

3.  As new evidence the applicant provides two letters.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100022082, on 5 April 2011.

2.  The applicant's new evidence is a letter from the NIH, dated 17 August 2010, wherein an official at the NIH confirmed the applicant completed a 1-year research fellowship at the NIH, Bethesda, MD, between July 2000 and June 2001.  She also provides a letter from the UKMC, dated 6 August 2008, wherein an official at the UKMC confirmed the applicant completed a 2-year residency program at the UKMC, Kansas City, KS, from 1 July 2001 through 30 June 2003.

3.  The applicant's records show she was appointed as a MAJ in the Regular Army (RA), MC, and executed an oath of office on 28 January 2009 with concurrent call to active duty.  Her orders to active duty listed her report date and date of rank (DOR) as 2 February 2009.

4.  On 28 July 2009, she submitted an application to the ABCMR requesting she be granted additional constructive service credit.  She contended that she should have received 5 or 6 years of constructive service credit.  She was advised by letter, dated 17 February 2009 (Docket Number AR20090013269), that her request was administratively closed because the Commander, U.S. Army Human Resources Command had published Orders Number 093-002, dated 3 April 2009, adjusting her DOR for MAJ to 20 December 2006, which was much more favorable than the relief recommended by the advisory opinion. 

5.  The advisory opinion from the U.S. Army Recruiting Command, dated 4 January 2010, stated that her DOR 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.

6.  On 19 August 2010, the applicant submitted an application to the ABCMR requesting correction of her records to show she was granted 15 years of constructive service credit and reappointed as a lieutenant colonel (LTC)/O-5, MC.

7.  In the processing of that case, AR20100022082, another advisory opinion was obtained from the Program Manager, Medical Corps, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, on 17 February 2011.  The advisory official stated that another review was made of the applicant's records.  The review concluded that there was no official documentation, such as an official certificate and/or official letter from the location the residency was conducted stating completion including dates, to support her claim of 5 years residency in pathology.  In the absence of official documentation, she was given credit for 2 years in residency for a total of 10 years, 3 months, and 13 days of constructive service credit.  

8.  The Board denied her request to show she was granted 15 years of constructive service credit and reappointed as an LTC.  The Board found that regulatory guidance stated 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 and there was no evidence that a waiver was requested or considered.  In addition, the Board found she received the correct constructive service credit. 

9.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) provides regulatory guidance on constructive service credit.  Section 6.1.2.2.4, of this regulation states, year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduated medical, dental or other formal professional training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be granted 1 year of constructive service credit for her fellowship training and an additional 2 years of constructive service credit for residency instead of the 2 years she received.

2.  The applicant provides official documentation that confirms she completed 3 additional years of formal professional training in addition to the 2 years of residency she previously received credit for.  The applicable regulation states, year-for-year credit shall be granted for the successful completion of residency, fellowship, or equivalent medical formal professional training.  Based on the evidence present and as a matter of equity in this case, her records should be corrected to show she was granted 13 years, 3 months, and 13 days of constructive service credit upon her appointment in the RA, as a MAJ in the MC, effective 28 January 2009, with her DOR adjusted accordingly. 

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 amendment of the ABCMR's decision in Docket Number AR20100022082, dated 5 April 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting her records to show:

* She was granted 13 years, 3 months, and 13 days of constructive service credit upon her appointment in the RA on 28 January 2009 
* Amending HRC Order Number 093-002, dated 3 April 2009, to show her adjusted DOR as 13 October 2005



      _______ _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)                                         AR20110011011



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ABCMR Record of Proceedings (cont)                                         AR20110011011



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