BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130019172 


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 her entry grade credit, initial rank, back pay, and promotion eligibility date. 

2.  The applicant states that when she was recruited as a captain in 2011 she had been board certified as an emergency physician for 17 years.  Her experience with other doctors in Kuwait showed her situation to be an anomaly.  Other physicians with her level of experience were serving in a higher rank.  She encountered younger doctors with only a few years of experience who had been brought in as majors.

3.  The applicant provides copies of – 

* Officer Evaluation Report for the period ending 7 September 2013
* Army Commendation Medal Certificate with order number 
* Certificate of Appreciation for 11 July 2013
* DA Form 5440A (Approval of Clinical Privileges/Staff Appointment)
* DA Form 5440-23 (Delineation of Clinical Privileges - Emergency Medicine)
* Reappointment letter, dated 29 July 2013, Saint Thomas Hospital West, Nashville, Tennessee
* State of Tennessee renewal of medical license, 31 May 2014
* American Board of Emergency Medicine Certification December 2005-December 2015
* American College of Emergency Physicians Certified Fellow, dated 1997
* University of Chicago Medical Center, Certificate of Residency - July 1991 through June 1994
* Tufts University, Alpha Omega Alpha - National Medical Honor Society – 1989
* American Board of Emergency Medicine, Certificates of Completion, Lifelong Self-Assessment Tests, 2004-2014
* Her Curriculum Vitae 

CONSIDERATION OF EVIDENCE:

1.  The applicant had served as a Medical Service Corps officer in the Army National Guard while in medical school, was appointed a Medical Corps captain in May 1989 and was discharged from the U.S. Army Reserve (USAR) in December 1995.

2.  On 10 June 2011, she was again appointed a USAR Medical Corps captain.  A DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers) dated 21 June 2011 shows she was granted entry grade credit as a captain (pay grade O-3) based on highest grade previously held (HGH).

3.  She served in Kuwait/Iraq between April and September 2013.  U.S. Army Human Resources Command (HRC) orders dated 14 September 2013 informed her of her promotion to major.  She was promoted to major on 27 August 2013.
 
4.  Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs. The Secretaries of the Military Departments shall administer the procedures.  It provides in paragraph:

	a.  "6.1. A prospective health professions officer’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit, except in cases where the total exceeds the maximum credit allowed.



	b.  "6.1.2. Constructive Service Credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment 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.

	c.  "6.1.2.2.1 Four years constructive service credit shall be granted for completion of first professional degrees…including medical (MD)…

	d.  "6.1.2.2..4. Year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical professional training…

	e.  "6.1.2.2.5. 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...

	f.  "6.1.3  Maximum entry grade credit shall be no more than is required to appoint an officer in pay grade O-4…

	g.  "6.2  An individual receiving constructive service credit will have their grade determined by comparing entry credit to established promotion points.  Credit in excess of the required minimum for the appropriate grade will be used to adjust the date of rank…

	h.  "6.2.2.  A former Regular or Reserve officer may, if otherwise qualified, be appointed as a Reserve officer.  If so appointed, he or she may be (emphasis added) as follows:

	i.  "6.2.2.1 Placed on a reserve active status list…in which that person previously served satisfactorily on active duty or in an active status.

	j.  "6.2.2.2 Credited…with service in grade equal to that held when discharged or separated…"

5.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 3–1 (Entry grade credit for Reserve appointment grade determination) provides:

	a.  that grade and date of rank upon original appointment and assignment to an U.S. Army Medical Department (AMEDD) branch will be determined by the number of years of entry grade credit awarded;

	b.  except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service;

	c.  the maximum entry grade credit for appointment in the MC or DC is 14 years;

	d.  when a manning shortfall exists in a specialty within medicine or dentistry constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.

6.  In a 21 February 2014 advisory opinion for this Board the Program Manager, Health Services Directorate, U.S. Army Recruiting Command (USAREC) opined that the HGH option should not have been used and that the applicant should have been credited with 4 years constructive credit for her doctorate in medicine; 1 years each for internship and board certification; 3 years each for residency and professional experience; and 2 years, 05 months, and 19 days prior service for a total of 14 years, 05 months and 19 days.  Adjustment of the applicant's constructive credit to 14 years, 05 months and 19 days was recommended.

8.  The advisory opinion was referred to the applicant for concurrence, rebuttal and / or comment.  She concurred and asked if she would receive the difference in pay and how this would affect her promotion eligibility date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should have been appointed to a higher rank that captain.

2.  The applicant was appointed a USAR MC captain with qualifications that far exceeded those of other individuals appointed to that rank in the MC.

3.  According to the governing DODI, appointment to the HGH is only one option.  The applicant should have received the benefit of the constructive credit she had earned. 

4.  The Program Manager, Health Services Directorate, USAREC opined that the applicant's should have been credited with constructive credit of 14 years, 05 months and 19 days. 
5.  Her record should be corrected to show she was appointed a major on 10 June 2011 and authorized the difference in pay.

6.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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:

	1.  Showing she was appointed a USAR major in the MC on 10 June 2001 with 14 years, 5 months, and 19 days of constructive service credit;

	2.  paying her the difference in pay and allowances for active and inactive duty performed since that date; 

	3.  adjusting her major date of rank as appropriate; and 

	4.  if appropriate, submitting her records to a special selection board for promotion consideration to lieutenant colonel. 



      _______ _  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)                                         AR20130019172





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ABCMR Record of Proceedings (cont)                                         AR20130019172



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