IN THE CASE OF:	 

		BOARD DATE:  19 September 2013

		DOCKET NUMBER:  AR20130010405


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, adjustment of his date of rank (DOR) based on constructive service credit (CSC) awarded to him on a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated
29 October 2010.

2.  The applicant states:

* on 18 August 2010, he was accessed into the New York Army National Guard (NYARNG) as a dental officer
* at that time, he had been a civilian dentist for almost 30 years (1983-2010) and he has continued to practice as a civilian dentist since the date he was accessed
* his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) incorrectly gave him the wrong DOR
* as a result, he does not have sufficient time-in-grade (TIG) to be promoted to major (MAJ)
* the National Guard Bureau (NGB) Army Medical Department (AMEDD) Branch recently reviewed his DA Form 5074-R and realized it was incorrect, so they recommended he apply to the Army Board for Correction of Military Records (ABCMR) for relief
* his unit wishes to promote him via a unit vacancy promotion but cannot do so until his DOR is corrected

3.  The applicant provides the following evidence:

* DA Form 5074-R, dated 25 May 2010
* DA Form 5074-1-R, dated 29 October 2010
* Special Orders Number 19 AR, issued by the NGB, dated 1 February 2011
* DA Form 1059 (Service School Academic Evaluation Report), dated
23 October 2012
* a memorandum for record (MFR) from the Specialty Branch Chief at NGB, dated 25 April 2013
* an MFR from the NYARNG Deputy Surgeon State Surgeon, Joint Force Headquarters – Medical Command, NYARNG, dated 23 May 2013

CONSIDERATION OF EVIDENCE:

1.  On 25 May 2010, in anticipation of his pending appointment as a Reserve commissioned officer of the Army, a DA Form 5074-R was completed on the applicant to determine his appropriate level of CSC.  This form shows he was awarded 7 years of CSC (4 years for his basic qualifying degree and 3 years for his previous professional experience); however, he was not awarded any excess credit to be used to adjust his DOR.

2.  On 18 August 2010, the applicant was appointed as a Reserve commissioned officer of the Army, in the rank captain (CPT) in the Dental Corps.  On this same date, he executed an oath of office.

3.  On 29 October 2010, a DA Form 5074-1-R was completed wherein the applicant was awarded 7 years of CSC (4 years for his basic qualifying degree and 3 years for his previous professional experience); however, he was not awarded any excess credit to be used to adjust his DOR.

4.  On 23 October 2012, he successfully completed the AMEDD Basic Officer Leaders Course (Reserve Component).

5.  On 5 August 2013, in the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official recommended approval of the applicant's request for DOR adjustment.  This official further stated:

	a.  ARNG AMEDD Officer Accession Standard Operating Procedures (SOP), dated 18 April 2011, provides an exception from Army Regulation 135-101 

(Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), in which Medical Corps (MC) and Dental Corps (DC) officers require 4 years entry-grade credit to be appointed as a CPT.

	b.  When calculating entry grade credit, any time credited in excess of the minimum requirement for a grade is subtracted from the appointment date to determine the officer's DOR.  In the applicant's case, he has 3 years of excess entry grade credit, which should be subtracted from his appointment date, so his DOR should be 18 August 2007, not 18 August 2010.

6.  On 8 August 2013, the applicant was provided a copy of the advisory opinion for possible comment; however, he did not respond.

7.  Army Regulation 135-101 prescribes the policies, procedures and eligibility criteria for appointment in the Reserve component of the Army within the six branches of the AMEDD.

	a.  Paragraph 3-1 (Entry grade credit for Reserve appointment grade determination) states grade and date of rank upon original appointment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit will be the sum of constructive service credit and credit for prior active commissioned service.

	b.  Paragraph 3-2 (Determination of entry grade for officers not ordered to active duty) provides that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase points shown in Table ERR (Entry Grade Table).  Table ERR shows, in part:

   Entry Grade Credit									Entry Grade
   
   less than 3 years									Second Lieutenant
   3 years or more, but less than 7 years			First Lieutenant
   7 years or more, but less than 14 years			CPT
   14 years or more, but less than 21 years			MAJ

Authorized credit in excess of the minimum required for appointment to the appropriate grade shown above will be used to adjust the date of rank within that grade.

	c.  Table 3-1 (CSC), number 1 (Basic Qualifying Degree), provides for 4 years of credit for a basic qualifying degree in dentistry.

	d.  Table 3-1, number 5 (Full-time experience not otherwise credited as a practicing physician, osteopath, or dentist after qualifying degree), provides that full-time experience not otherwise credited as a practicing physician, osteopath, or dentist, after receipt of qualifying degree, receive one-half year for each year of experience, up to a maximum of 3 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for adjustment of his DOR has been carefully examined.

2.  The applicant contends his CSC was improperly calculated upon his entry into the ARNG.  He further contends he should have been awarded 3 years of excess credit, which when subtracted from his appointment date, would have resulted in an earlier DOR.  His contentions are rejected.

3.  The applicant (supported by the NGB advisory opinion) bases his contention on a provision contained in the ARNG AMEDD Officer Accession SOP, dated
18 April 2011, that allows ARNG MC and DC officers to be appointed as a CPT with only 4 years of entry-grade credit.  Contrary to the NGB advisory opinion, the ARNG AMEDD Officer Accession SOP is contrary to, and does not supersede or take precedence over, the policies found in Army Regulation
135-101.

4.  Army Regulation 135-101 allows Reserve Component MC and DC officers to be appointed as a CPT with 7 years of entry-grade credit.  The applicant's
DA Form 5074-R and DA Form 5074-1-R were properly constituted; therefore, there is no error or injustice and the applicant is not entitled to the requested relief.

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 that 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)                                         AR20080009306



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ABCMR Record of Proceedings (cont)                                         AR20130010405



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