IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110017697 


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 credit for his education and professional experience to ratify a rank higher than captain.

2.  The applicant states:

	a.  His rank is incorrect according to his education and experience.

	b.  He and his business partner have equal education and experience, but his business partner was appointed in a higher rank than he was.

	c.  He has recently been appointed as a Reserve commissioned captain.  His letter of appointment states he has 7 years of service in an active status, but he has been working for over 20 years as a dentist.

	d.  A fellow Reserve commissioned officer (his business partner) joined the Army at the same time as he did and his business partner received 14 years of service in an active status and the rank of major.  He is wondering why there is a discrepancy between his years of service in an active status as well as his rank since he has been practicing as a dentist for a longer time than his business partner.

	e.  Numerous officers have told him he should hold the rank of lieutenant colonel based on his experience.



3.  The applicant provides:

* memorandum, U.S. Army Human Resources Command, dated 31 January 2011, subject:  Appointment as a Reserve Commissioned Officer of the Army under Title 10, U.S. Code, Sections 12201 and 12203
* memorandum, U.S. Army Human Resources Command, dated 8 February 2011, subject:  Appointment as a Reserve Commissioned Officer of the Army under Title 10, U.S. Code, Sections 12201 and 12203, addressed to his business partner
* DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers))

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 61 (Application for Appointment) shows he was awarded his Doctor of Dental Surgery (DDS) on 16 May 1991.

2.  He was appointed as a captain in the U.S. Army Reserve (USAR) Dental Corps on 31 January 2011.

3.  A DA Form 5074-R, dated 2 February 2011, shows the applicant:

* received 4 years of constructive service credit for his DDS for the period 1 September 1989 to 16 May 1991
* received 3 years of constructive credit for professional experience for the period 5 September 1991 to 5 January 2011

4.  In the processing of this case, an advisory opinion was obtained from the Program Manager, Health Services Directorate, U.S. Army Recruiting Command, dated 25 October 2011.  The advisory official recommends disapproval of the applicant's request and finds he received the appropriate constructive credit and rank.  The advisory official states:

	a.  Per Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), entry-grade is determined based on constructive service credit received for education, work experience, and prior military commissioned service.  Although the applicant may have had over 20 years of work experience as a dentist, paragraph 6.1.2.2.5 of DODI 6000.13 limits credit for work experience to a maximum of 3 years.  According to documents he provided, he correctly received 7 years of constructive credit upon his entry in the USAR.

	b.  The applicant references constructive credit awarded to his business partner in his request.  It must be noted that section 6.1.2.2.6 of DODI 6000.13 requires the exercise of human judgment to determine what constitutes special education and experience.  At the time of the applicant's curriculum vitae (CV) review, the Dental Corps elected not to award additional constructive credit based on review of his CV.  The Dental Corps determined the applicant did not qualify for additional credit based on requirements for special education or experience.  The Dental Corps determined his business partner qualified for additional constructive credit to the grade of major based on review of his qualifications.

5.  On 26 October 2011, the advisory opinion was furnished to the applicant for his review and possible rebuttal.  The applicant responded and stated:

* according to the advisory opinion their (his and his business partner's) ranks were determined based upon their CVs, experience, and education, but he has a higher level of education and more years of experience in the field of dentistry than his business partner
* in their medical unit he has met recent dental graduates appointed as captains, but they do not have any experience in dentistry
* he would like to revisit his rank determination

6.  DODI 6000.13, paragraph 6.1.2.2.1, states 4 years of constructive service credit shall be granted for completion of first professional degrees that include medical, osteopathy, DDS or dental medicine, optometry, podiatry, veterinary, and pharmacy.

7.  DODI 6000.13, paragraph 6.1.2.2.5, states credit of 1/2 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 certificate.

8.  DODI 6000.13, paragraph 6.1.2.2.6, states 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 must be earned before earning any experience credit under this paragraph.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides policy for the appointment of Reserve commissioned officers for assignment to Army Medical Department branches.  Chapter 3 provides that grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry-grade credit awarded.  Except as limited by maximum credit limits, entry-grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.

10.  Table ERR of Army Regulation 135-101 states the appointment grade of an individual with entry-grade credit of 7 years or more but less than 14 years is captain.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his rank is incorrect according to his education and experience.

2.  DODI 6000.13:

* states 4 years of constructive service credit shall be granted for completion of a DDS
* limits credit for work experience to a maximum of 3 years

3.  He was appointed as a captain in the USAR Dental Corps on 31 January 2011 with a total of 7 years of constructive credit (4 years for his DDS and 3 years for his professional work experience).  Therefore, in accordance with the governing regulations, there is no basis for granting the requested relief.

4.  His contention that another Soldier with the same education and experience was appointed in the USAR in a higher rank was noted.  However, each case is decided on its own merits, and it cannot be determined if his and the other Soldier’s education and experience were exactly alike.  

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 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)                                         AR20110017697



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ABCMR Record of Proceedings (cont)                                         AR20110017697



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