BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130019132
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 correction of his date of rank (DOR) to 28 May 2008 with the granting of additional constructive credit.
2. The applicant states following his graduation from John Carroll University Reserve Officer Training Corps he was commissioned a second lieutenant (2LT) and then went on an educational delay, completing a 4-year Doctorate of Podiatric Medicine (DPM) from New College of Podiatric Medicine in 2008 and a 3-year Podiatry Surgical Residency (PSR) at the New York Hospital of Queens in 2011. Traditionally, once a service member becomes a doctor they are awarded the rank of captain (CPT). While he has been given some constructive credit he does not think that his current DOR of 15 October 2010 is congruous with the amount of education and additional training that he received through civilian programs. He is presently the chief of Podiatry at Womack Army Medical Center and because of this discrepancy he trains and supervisors residents who have an earlier DOR than he does. Podiatry is a relatively small field within the Army. There are only approximately 30 active duty podiatrists in the whole Army. Few administrators have experience dealing with this group of medical practitioners. Few are aware that upon graduation from a college of podiatry resident doctors are immediately given status as CPT and gain time towards major (MAJ) during their residency.
3. The applicant provides copies of his college transcript, Officer Record Brief, a Doctor of Podiatric Medicine Diploma, certificate for completion of his Residency in Podiatric Medicine and Surgery, certificate of commissioning, and promotion orders.
CONSIDERATION OF EVIDENCE:
1. The applicant participated in the ROTC program completing his program and receiving a commission as a 2LT on 29 May 2004. Following completion of his undergraduate degree, he was granted two educational delays in order complete additional training.
2. While in training he received a Reserve promotion to first lieutenant (1LT) with a pay effective date (PED) and DOR of 22 May 2006.
3. The applicant completed his additional civilian training and residency on 30 June 2011, was accessed onto active duty on 21 August 2011, and promoted to CPT with a DOR of 15 October 2010.
4. An advisory opinion was obtained from the Chief, Medical Service Corps Branch, Health Services Directorate, Army Recruiting Command recommending granting additional credit. The Chief notes that the applicant appears to have been afforded 4 years of constructive credit prior to completion of his DPM and PSR with an additional 11 months at the time of his promotion to CPT. In accordance regulation the applicant should have received 4 years credit for obtaining his DPM and a year for year for completing his 36 month PSR (total of 7 years). His adjusted DOR should be 21 September 2007. The 67G Consultant to The Surgeon General concurred with the recommendation.
5. A copy of the advisory opinion was forwarded to the applicant and he concurred with the recommendations.
6. Department of Defense Instruction 6000.13, provides at:
a. Section 6.1.2. that credit 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 date of rank 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.
b. Section 6.1.2.2.1 that four years of constructive service credit shall be granted for completion of first professional degrees that include podiatry (Pod.D. or D.P.M.).
c. section 6.1.2.2.4. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed both a DPM and a 36 month residency which authorizes a granting of a total of 7 years of constructive credit.
2. Adding this period to his accession date results in a revised DOR of 21 September 2007.
3. With the correction of DOR to 21 September 2007, the applicant's pay records should be audited by the Defense Finance and Accounting Service to determine if the applicant is entitled to additional pay and allowances based on the earlier DOR to Captain, and pay him any such monies.
BOARD VOTE:
___x_____ ___x_____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Correcting the applicant's DOR of 21 September 2007, and
b. having the Defense Finance and Accounting Service audit the applicant's pay records to determine if he is entitled to any additional pay and allowances based on the earlier DOR to Captain, and pay him any such monies.
_______ _ 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.
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