BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20110024394 


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 for correction of his records to show he was granted 13 years and 6 months of constructive service credit (CSC) instead of 9 years and 20 days for the entry-level grade determination of his date of rank (DOR) as a captain (CPT)/O-3 upon entry in the U.S. Army Medical Corps (MC) in area of concentration (AOC) 61F (Internist).

2.  The applicant states, in effect, that under the provisions of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Medical Department Branches), chapter 3, MC officers are to receive 1/2 year of credit for every 1 year (or 1 day for every 2 days) of professional experience prior to commissioning.  The applicant further states he originally requested to join the Army in August 2007 with an active duty date in September 2007.  His CSC for professional experience was initially calculated based upon the period 25 July 2003 to 5 September 2007.  As a result, he was awarded 2 years and 20 days of CSC for professional experience.  However, his entry into the Army was delayed until 6 June 2008 and he continued to work as a civilian medical professional until 5 June 2008.  Therefore, his initial CSC for professional experience should have been recalculated based upon the period 25 July 2003 to 5 June 2008; which amounts to an additional 9 months of experience.  He also contends he should be awarded additional CSC of approximately 4 years for an externship of more than 9 months at Harbor Hospital Center, a post-doctoral fellowship of 9 months as a research assistant, a 70-credit internship (4 credits are equal to a duration of 1 month for a total of 17 months and 15 days), and 2 years of work in Iran for which he has no supporting documentation.

3.  He contends the DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers) used to calculate his constructive credit erroneously omitted 4 years, 4 months, and 28 days of constructive credit which resulted in an incorrect DOR for his initial appointment as a CPT.  He adds that he understands how adjusting his constructive credit could be an administrative nightmare, especially the additional pay he will potentially receive.  Therefore, he does not want any additional payments for the added time.  In the event he receives additional pay as a result of this correction, it will all be donated to the Warrior Transition Battalion of the Fisher House.

4.  The applicant provides:

* self-authored statement
* academic record for In the Name of God Islamic Azad University
* DA Form 5074-R, dated 19 December 2007
* draft DA Form 5074-R
* two letters from Harbor Hospital Center, Baltimore, MD
* letter from Johns Hopkins University, Baltimore, MD
* appointment letter from U.S. Army Human Resources Command (HRC), St. Louis, MO

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 AR20090009267 on 18 February 2010.

2.  An advisory opinion rendered by the MC Program Manager, Headquarters, U.S. Army Recruiting Command (USAREC), Fort Knox, KY, on 30 January 2012 provides new argument that indicates the applicant was not awarded the proper amount of constructive credit at the time of his appointment.  This argument was not previously considered by the ABCMR.  Therefore, it warrants consideration by the Board.

3.  A DA Form 61 (Application for Appointment), dated 16 August 2007, shows he applied for appointment as a commissioned officer in the MC of the Regular Army in AOC 61F.

4.  The applicant's transcript, internal medicine diploma, and resident of medicine certificates substantiate the information contained on his DA Form 5074-R, dated 19 December 2007.  This form shows the applicant was awarded a total of 9 years and 20 days of CSC in the following amounts for the following dates, degrees, internship, professional education, and/or professional experience in the following manner:

	a.  Part I (CSC), section A (Credit for Basic Qualifying Degree), shows he attended Azad University Tehran Medical School, Tehran, Iran, from 6 January 1986 to 8 November 1993 which culminated in receipt of a doctorate degree in medicine.  As a result, he was awarded 4 years, 0 months, and 0 days of constructive credit in this category.

	b.  Part I, section B (Credit for Internship), shows he performed an internship at Harbor Hospital, Baltimore, MD, from 1 July 2000 to 30 June 2001.  As a result, he was awarded 1 year, 0 months, and 0 days of constructive credit in this category.

	c.  Part I, section C (Credit for Graduate Professional Education), shows the American Board of Internal Medicine certified his service as a resident in internal medicine from 1 July 2000 to 30 June 2003.  As a result, he was awarded 2 years, 0 months, and 0 days of constructive credit in this category.

	d.  Part I, section E (Credit for Professional Experience), shows he served as a licensed medical doctor in the State of Maryland from 25 July 2003 to 5 September 2007.  As a result, he was awarded 2 years, 0 months, and 20 days of constructive credit in this category.

	e.  Part III (Computation of Entry Grade and DOR) shows he was awarded total entry-grade credit in the amount of 9 years, 0 months, and 20 days.  As a result, it was determined he qualified for the entry rank/grade of CPT/O-3 which only required 4 years of constructive credit – which was 5 years and 20 days in excess of that required for his rank/grade.

5.  HRC, St. Louis, MO, memorandum, dated 9 May 2008, appointed the applicant as a Reserve commissioned officer in the MC in the rank/grade of CPT/O-3 with a total of 9 years and 20 days of CSC to be applied upon his date of entry on active duty.

6.  On 3 June 2008, the applicant entered active duty in the rank/grade of CPT/O-3.

7.  HRC Order Number 220-004, dated 7 August 2008, shows the applicant's adjusted DOR for the rank/grade of CPT/O-3 was determined to be 13 May 2003, 5 years and 20 days prior to his entry on active duty.

8.  HRC, Alexandria, VA, Order Number 261-048, dated 18 September 2009, promoted the applicant to the rank/grade of major/O-4 with an effective date and DOR of 1 October 2009.

9.  The applicant provides documentation as justification for awarding him additional CSC.

	a.  A letter of recommendation from the Director, Department of Medicine, Harbor Hospital Center, Baltimore, MD, dated 26 July 1999, stated the applicant completed an externship in their Internal Medicine Residency Training Program from 1 June through 31 October 1998, 1 through 2 December 1998, 27 through 31 December 1998, 7 through 31 January 1999, and 10 through 30 June 1999.  As an extern, his clinical responsibilities were equal to those of their post-graduate year-1 (PGY-1) level residents.  He also praised the applicant's performance and recommended him without reservation.

	b.  A letter of recommendation from the Program Director, Internal Medicine and Transitional Year Residencies, Harbor Hospital Center, Baltimore, MD, dated 26 July 1999, stated the applicant completed an externship in their Internal Medicine Residency Training Program from 1 June through 31 October 1998, 1 through 2 December 1998, 27 through 31 December 1998, 7 through 31 January 1999, and 10 through 30 June 1999.  As an extern, his clinical responsibilities were equal to those of their PGY-1 level residents.  He also praised the applicant's performance and recommended him highly without reservation.

	c.  A letter from a medical doctor who was also an assistant professor in the Division of Geriatric Medicine and Gerontology at Johns Hopkins University, Baltimore, MD, dated 2 September 1999, stated the applicant was presently employed by him as a clinical research assistant.  He also praised the applicant's performance and recommended him highly without reservation.

	d.  A letter from a medical doctor who was also an assistant professor in the Division of Diabetes, Obesity and Nutrition at the University of Maryland, Baltimore, MD, dated 13 March 2000, stated the applicant had worked under his immediate supervision since 1 August 1999 and presently held a full-time appointment as a research associate.  He also praised the applicant's performance, said he was among the top 10 percent of those who had ever worked for him, and opined that he would continue to contribute to research throughout his clinical career.

	e.  An employment verification letter, dated 13 April 2009, shows he was employed by the Peninsula Regional Medical Center from 11 August 2003 to 5 June 2008 and that his last position held was as a physician.

	f.  An undated, unsigned, draft DA Form 5074-R does not contain any names, is entirely handwritten, and bears the entry "Not an official document, filled by LTC S____" in the top margin.  This form shows the drafter indicated the applicant's date of appointment as 3 June 2008 and that CSC should be awarded in the following amounts for the following dates, degrees, internship, professional education, and/or professional experience in the following manner:

		(1)  Part I, section A, 4 years, 0 months, and 0 days of constructive credit for his basic qualifying degree.

		(2)  Part I, section B, 1 year, 0 months, and 0 days of constructive credit for his internship.

		(3)  Part I, section C, 2 years, 0 months, and 0 days of constructive credit for his residency.

		(4)  Part I, section E, 2 years, 5 months, and 16 days of constructive credit for his professional experience.

		(5)  Part III, indicates total entry grade credit in the amount of 9 years, 5 months, and 16 days.  As a result, it was determined he qualified for the entry rank/grade of CPT/O-3 which only required 4 years of constructive credit – which was 5 years, 5 months, and 20 days in excess of that required for his rank/grade. 
By subtracting this amount of time from his appointment date, it determined his adjusted DOR should be 21 December 2002.

10.  In the processing of this case, an advisory opinion was obtained from the MC Program Manager, Health Services Directorate, USAREC, Fort Knox, KY.  The MC Program Manager stated CSC is calculated by the Health Services Directorate at Headquarters, USAREC, based upon regulatory guidance from Department of Defense Instruction (DODI) 6000.13.  USAREC policy stipulates calculations of CSC will only be considered up to the board date in which an applicant was considered for selection by the MC.  In response to the applicant's request for reconsideration, the MC Program Manager stated that in the interest of fairness, a reevaluation was conducted of the documents submitted with the applicant's original CSC packet provided in 2007.  The reevaluation determined the applicant's original DA Form 5074 was in error and should be revised to award a total of 9 years, 9 months, and 5 days of CSC as follows:

	a.  medical degree:  4 years, 0 months, and 0 days in accordance with (IAW) DODI 6000.13, section 6.1.2.2.1;

	b.  internship:  1 year, 0 months, 0 days (1 July 2000 through 30 June 2001) IAW DODI 6000.13, section 6.1.2.2.4;

	c.  residency in internal medicine:  2 years, 0 months, 0 days (1 July 2001 through 30 June 2003) IAW DODI 6000.13, section 6.1.2.2.4;

	d.  externship:  not evaluated for CSC, only internship, residencies, and fellowships are calculated;

	e.  research fellow/clinical coordinator/research assistant:  all of the applicant's advanced education in these areas cannot be calculated because most of the dates overlap.  His time as a research assistant at the Johns Hopkins Hospital and a clinical coordinator at the University of Maryland completely overlaps with his time as a research fellow at the University of Maryland.  This time cannot be counted twice.  An additional 4 months can be awarded for his fellow time (August through December 1999); and

	f.  work experience:  DODI 6000.13, section 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 directly used by the Military Service concerned."  Credit for work experience is calculated once an applicant completes a residency program.  In the applicant's case, all his employment prior to completing residency is not included.  So the 2 years, 0 months, and 20 days that was originally calculated from the time he began working until the board date is correct.  In addressing the applicant's additional work experience after the board date until he was accessed on active duty from 6 September 2008 until 5 June 2008, which is a period of 8 months and 29 days, DODI 6000.13 states work experience is calculated at half, so he should be awarded an additional 4 months and 15 days of CSC which would give him a total of 2 years, 5 months, and 5 days of work experience.

11.  A member of the Board staff previously contacted USAREC in reference to the regulatory guidance supporting its statement that "…calculations of CSC will only be considered up to the board date in which the applicant was considered for selection by the MC," as cited in its advisory opinion.  USAREC stated that the decision to use the board date as the through date for CSC was made years ago to streamline the process and eliminate room for error due to numerous follow ups and changing accession dates.  USAREC said that the standard established ensured equality throughout the Army.

12.  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 certification.

13.  In conclusion, the MC Program Manager recommended that the applicant's total constructive credit be adjusted to reflect 9 years, 9 months, and 5 days with an active duty entry rank of CPT/O-3.

14.  The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

15.  Department of Defense Directive Number 6000.12 (Health Services Operations and Readiness) and DODI 6000.13 prescribe policy and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.  DODI 6000.13 shows in:

	a.  paragraph 6.1 that a period of time shall be counted only once when computing entry grade credit;

	b.  paragraph 6.1.2 that CSC provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession with a grade and DOR comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education;

	c.  paragraph 6.1.2.2.1 that 4 years of CSC shall be granted for completion of first professional degrees that include medical, osteopathy, dental, optometry, podiatry, veterinary, and pharmacy;

	d.  paragraph 6.1.2.2.4 that year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than one year in duration; and

	e.  paragraph 6.1.2.2.5 that 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 certification.  Accordingly, volunteer or student status cannot be credited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his CSC should be recomputed to show he is entitled to an earlier DOR as a CPT/O-3 was carefully considered and determined to have partial merit.

2.  In response to the applicant's request for reconsideration, a reevaluation was conducted of the documents he submitted with his CSC packet in 2007.  The reevaluation determined the applicant's original DA Form 5074 was in error and should be revised to award a total of 9 years, 9 months, and 5 days of CSC as follows:

	a.  medical degree:  4 years, 0 months, and 0 days in accordance with (IAW) DODI 6000.13, section 6.1.2.2.1;

	b.  internship:  1 year, 0 months, 0 days (1 July 2000 through 30 June 2001) IAW DODI 6000.13, section 6.1.2.2.4;

	c.  residency in internal medicine:  2 years, 0 months, 0 days (1 July 2001 through 30 June 2003) IAW DODI 6000.13, section 6.1.2.2.4;

	d.  externship:  not evaluated for CSC, only internship, residencies, and fellowships are calculated;

	e.  research fellow/clinical coordinator/research assistant:  all of the applicant's advanced education in these areas cannot be calculated because most of the dates overlap.  His time as a research assistant at the Johns Hopkins Hospital and a clinical coordinator at the University of Maryland completely overlaps with his time as a research fellow at the University of Maryland.  Meaning this time cannot be counted twice.  An additional 4 months can be awarded for his fellow time (August through December 1999); and




	f.  work experience:  DODI 6000.13, section 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 directly used by the Military Service concerned."  Credit for work experience is calculated once an applicant completes a residency program.  In the applicant's case, all his employment prior to completing residency is not included.  So the 2 years, 0 months, and 20 days that was originally calculated from the time he began working until the board date is correct.  In addressing the applicant's additional work experience after the board date until he was accessed on active duty from 6 September 2008 until 5 June 2008, which is a period of 8 months and 29 days, DODI 6000.13 states work experience is calculated at half, so he should be awarded an additional 4 months and 15 days of CSC which would give him a total of 2 years, 5 months, and 5 days of work experience.

3.  Calculations of CSC are typically only considered up to the date of the board in which an applicant was selected for the MC.  However, in this case, the USAREC advisory official noted the applicant completed a significant amount of additional creditable work experience between the board date and the date he entered active duty and opined that it would be equitable to award him additional CSC for this experience.

4.  Based on the foregoing, it would be appropriate to correct the applicant's records to show he was granted entry-grade credit as follows:

* credit awarded for basic qualifying degree = 4 years
* credit awarded for internship = 1 year
* credit awarded for graduate professional education = 2 years and 4 months
* credit awarded for professional experience = 2 years, 5 months, and 5 days
* total CSC = 9 years, 5 months, and 5 days
* total entry grade credit = 9 years, 5 months, and 5 days
* credit in excess of that required for service = 5 years, 5 months, and 5 days

5.  The applicant was commissioned as an MC officer and entered active duty in the rank of CPT on 3 June 2008.  Therefore, his DOR should be adjusted to 28 December 2002 based upon his recomputed total entry-grade credit.





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 partial amendment of the ABCMR's decision in Docket Number AR20090009267, dated 18 February 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his active DOR to captain to 28 December 2002.

2.  As a result of this correction, the HRC Officer Promotions Branch, Fort Knox, KY, should review the applicant's record to determine if he is eligible for consideration by a special selection board(s).  If so, notify the applicant and forward his record for consideration by the appropriate special selection board(s).

3.  The Board further determined the evidence presented is 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 additional constructive credit for overlapping periods of time which would have increased his total CSC to 13 1/2 years.



      __________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)                                         AR20110024394



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ABCMR Record of Proceedings (cont)                                         AR20110024394



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