IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110023005 


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, granting of additional constructive credit for her professional experience to ratify her rank as captain.

2.  The applicant states:

	a.  upon her accession into the Army, she incorrectly came in as a first lieutenant instead of a captain, in accordance with her status as a licensed veterinarian practicing for 8 years.  All other veterinarians joining the Army enter as captains, not first lieutenants.

	b.  an officer with her credentials, education, and experience should have been accessed into the Army as a captain.

3.  The applicant provides:

* Curriculum vitae (CV)
* Veterinary diploma
* Veterinary licenses
* Educational Commission for Foreign Veterinary Graduate (ECFVG) certification
* Email
* orders



CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a first lieutenant in the U.S. Army Reserve, Veterinary Corps (VC), on 14 April 2010 with 5 years, 11 months, and 8 days of constructive credit.  Her date of rank (DOR) is 8 November 2005.

2.  A partially illegible DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) shows she received 4 years of constructive credit for her basic qualifying degree and it appears she received 1 year, 11 months, and 6 days of constructive credit for professional experience for the periods 
6 June 2005 to 1 January 2009 and from 24 August 2009 to 10 December 2009.

3.  In the processing of this case, an advisory opinion was obtained from the Medical Corps Program Manager, U.S. Army Recruiting Command (USAREC), Fort Knox, KY, dated 30 January 2012.  The advisory official states:

	a.  the applicant's files were re-reviewed and her constructive credit was calculated based on the documents provided in 2010 when her review packet was submitted.  

   b.  she received 4 years of constructive credit for her medical degree per Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), section 6.1.2.2.1. 

	c.  according to the documents she provided, her work experience from 
6 June 2005 to 1 January 2009 equates to 3 years, 6 months, and 25 days.  

   d.  DODI 6000.13, section 6.1.2.2.5, states "Credit of one-half year for each year of experience, up to a maximum of three 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 certification.  Accordingly, volunteer, or student status cannot be credited."  In this case, 3 years, 6 months, and 25 days equates to 1 year, 9 months, and 13 days.  The reason why it started with 6 June 2005 is because that is the date she received her ECFVG certificate.
   
   e.  requirements are to have a veterinary degree, ECFVG (if degree was obtained at foreign institution), and a veterinary license.  The time from 2 January 2009 to 30 June 2009 in her CV is unaccounted for.  Since these dates on her CV are not listed, no credit was given.  From 1 July 2009 until 10 December 2009 (the 10 December 2009 date is the date the applicant was boarded; this is the cut-off date for all applicants regardless of branch) equates to 5 months and 9 days.  Per DODI 6000.13, she would receive half credit which equates to 2 months and 20 days.    

	f.  total constructive credit would be calculated at 6 years and 3 days.  Per Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), section 3-2, entry grade credit calculated at 3 years or more, but less than 7 years, equates to the rank of first lieutenant.

	g.  the CV attached to the ABCMR packet is not the original one that was submitted to the recruiter in 2009.  This CV shows the period 2 January 2009 to 30 June 2009 was accounted for.  This will potentially give the applicant an additional 2 months and 29 days credit.  If the ABCMR decides to grant the applicant the additional credit, the Health Services Directorate, USAREC will make the appropriate adjustments.  

4.  On 30 January 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comment or a rebuttal.  She did not respond.

5.  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.

6.  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.

7.  Army Regulation 135-101 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.

8.  Table ERR of Army Regulation 135-101 states the appointment grade of an individual with entry grade credit of 3 years or more but less than 7 years is first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her rank is incorrect and should be captain according to her professional work experience.

2.  DODI 6000.13:

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

3.  The governing regulation states the appointment grade of an individual with entry grade credit of 3 years or more, but less than 7 years is first lieutenant.

4.  She was appointed as a first lieutenant in the USAR, VC, on 14 April 2010 with a total of 5 years, 11 months, and 6 days of constructive credit (4 years for her degree and 1 year, 11 months, and 6 days for her professional experience).  

5.  Per the advisory opinion, her total constructive credit should be calculated as 6 years and 3 days (4 years for her degree and 2 years and 3 days for her professional experience).   

6.  In addition, the advisory opinion states she was not awarded constructive credit for her professional experience from 2 January 2009 to 30 June 2009 
(a total of 2 months and 29 days) because she did not list all her professional experience when she was accessed.  Therefore, her military records should be corrected to show she received a total of 2 years, 3 months, and 2 days of constructive credit for her professional experience.  

7.  Based on the above correction, officials at the Health Services Directorate, USAREC, Fort Knox, KY, should review her records to determine if her DOR should be adjusted accordingly.

8.  Since her total constructive credit totals 6 years, 3 months, and 2 days, her appointment as a first lieutenant was correct.    

9.  Her contention that all other veterinarians joining the Army enter as captains and not first lieutenants was noted.  However, each case is decided on its own merits, and it cannot be determined if her and the other Soldiers education and experience were exactly alike.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending her military records to show she received a total of 6 years, 
3 months, and 2 days of constructive credit (4 years for her qualifying degree and 2 years, 3 months, and 2 days for her professional experience) and

	b.  after the above correction is made, USAREC officials should review her records and adjust her DOR, if appropriate.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending her rank to captain.  



      _______ _   __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)                                         AR20110023005





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023005



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1