IN THE CASE OF:	   

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140005613 


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 records to show he was granted 15 years of constructive service credit (CSC) instead of 14 years for the entry-level grade determination of his date of rank (DOR) as a major (MAJ)/O-4 upon entry in the U.S. Army Medical Corps (MC) in area of concentration (AOC) 61U (Pathologist).  He further requests correction of Army records to show that he was awarded an earlier sequence number for promotion to the rank/grade of lieutenant colonel (LTC)/O-5.

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 a day of credit for every day spent in a fellowship prior to commissioning.  As part of the recruitment process, a DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers) was completed by the U.S. Army Recruiting Command (USAREC) staff in order to calculate his constructive credit.  This DA Form 5074-R was used at his accession board which was conducted on 18 January 2012, at which time he was given the rank/grade of MAJ/O-4 with 4 years time in grade (TIG).  At the time of this board, he was a gastrointestinal (GI) pathology fellow at a civilian institution in Texas.  He successfully completed the fellowship on 30 June 2012 and re-entered active duty 5 days later on 5 July 2012.

3.  The applicant further states that he was informed via an e-mail from a USAREC staff member that his fellowship year was not used to award CSC during his accession board on 18 January 2012 because he had not completed the fellowship in time.  If he had completed the fellowship prior to the board date, it could have been considered in the board process and resulted in an earlier DOR.  Since the applicant was subsequently selected for promotion to the rank/grade of LTC/O-5, an earlier DOR to MAJ/O-4 would have resulted in a lower sequence number which could, in-turn, result in him being promoted to LTC/O-5 earlier.

4.  The applicant provides:

* GI Pathology certificate
* GI Pathology letter
* Officer Record Brief
* USAREC e-mail
* Fiscal Year (FY) 2013 LTC/O-5, MC, Selection Board Results
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant served as a commissioned officer in the Army MC from 15 June 2001 until 30 June 2011, when he was honorably discharged.  The DD Form 214 that he was issued at the time shows he served on active duty for 10 years and 16 days.  He held the rank/grade of MAJ/O-4 with a DOR of 15 June 2007 at the time of his discharge.

3.  The applicant applied for reentry onto active duty.  On 18 January 2012, an accession board was conducted by USAREC and found the applicant suitable for active duty as a commissioned officer in the MC.

4.  The applicant's transcript, medical diploma, and internship and resident of medicine certificates substantiate the information contained on his DA Form 5074-R, dated 18 April 2012.  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 University of New England, ME, from 1 July 2001 to 30 June 2002 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 Madigan Army Medical Center, WA, from 1 July 2002 to 30 June 2006.  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 Pathology certified his service as a resident in Anatomic/Clinical Pathology from 1 July 2002 to 30 June 2006.  As a result, he was awarded 4 years, 0 months, and 0 days of constructive credit in this category.

	d.  Part II (Prior Active Commissioned Service Credit) shows he had a prior uniformed service status as a MAJ/O-4 in the Regular Army MC.  The inclusive dates of his commissioned medical officer service were from 15 June 2001 to 30 June 2011.  As a result, he was awarded 5 years, 0 months, and 0 days of constructive credit in this category. 

	e.  Part III (Computation of Entry Grade and DOR) shows he was awarded 9 years, 0 months, and 0 days of total CSC.  He was awarded 5 years, 0 months, and 0 days of prior service credit.  This resulted in him being awarded total entry-grade credit in the amount of 14 years, 0 months, and 0 days.  As a result, it was determined he qualified for the entry rank/grade of MAJ/O-4 which only required 10 years of constructive credit – which meant he had 4 years of CSC in excess of that required for his rank/grade.

5.  The applicant provides a certificate and a letter from the Irving GI Fellowship Program Director, Miraca Life Sciences, which show he successfully completed a 1-year GI Pathology fellowship during the period 1 July 2011 through 30 June 2012.

6.  On 5 July 2012, the applicant entered active duty in the rank/grade of MAJ/O-4 and executed a Regular Army Oath of Office.

7.  U.S. Army Human Resources Command (HRC), Fort Knox, KY, Orders A-04-206935A03, dated 10 September 2012, amended the additional instructions portion of applicant's orders to active duty to show that his DOR was to be adjusted based on CSC of 14 years, 0 months, and 16 days and prior commissioned medical officer service of 10 years, 0 months, and 16 days.

8.  HRC Order Number 274-005, dated 30 September 2012, shows the applicant's adjusted DOR for the rank/grade of MAJ/O-4 was determined to be 19 June 2008, 4 years and 16 days prior to his entry on active duty.

9.  The applicant provides the FY 2013 LTC/O-5, MC, Selection Board Results which had a scheduled release date of 29 May 2013.  This document shows the applicant was selected for promotion and assigned sequence number 121.

10.  The applicant provides an e-mail from a USAREC staff member, dated 7 November 2013, informing him that his fellowship year was not used to award CSC during his accession board on 18 January 2012 because he had not completed the fellowship in time.  If he had completed the fellowship prior to the board date, it could have been considered in the board process and resulted in an earlier DOR.  Since the applicant was subsequently selected for promotion to the rank/grade of LTC/O-5, an earlier DOR to MAJ/O-4 would have resulted in a lower sequence number which could, in-turn, result in him being promoted to LTC/O-5 earlier.

11.  HRC Order Number 134-013, dated 14 May 2014, promoted the applicant to the rank/grade of LTC/O-5 with an effective date and DOR of 19 June 2014.

12.  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.  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.

13.  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 part, 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.

14.  Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum,  Subject:  Redelegation of Authority under Executive Order 12396, dated 9 December 1982, to appoint officers under section 624 of Title 10, U. S. Code, in the grades of 0-2  and 0-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the President's  authority to appoint military officers.  All military officer appointments under section 12203 of Title 10, U.S. Code, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005, shall also be submitted to the Secretary of Defense. 

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 MAJ/O-4 and that he should have been awarded a lower sequence number for promotion to LTC/O-5 were carefully considered and determined to have partial merit.

2.  Evidence shows the applicant was participating in a year-long fellowship at the time his CSC was calculated.  Evidence further shows that he completed the fellowship on 30 June 2012, 5 days prior to his entry on active duty.  As a result, the fellowship that he completed from 1 July 2011 to 30 June 2012 was not included in the calculation of his CSC.

3.  DODI 6000.13, paragraph 6.1.2.2.4 provides 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.

4.  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 applicant spent a significant amount of additional creditable time completing a fellowship that pertains directly to his field prior to his actual date of entry on active duty.  Therefore, it would be equitable to award him additional CSC for this graduate professional education.

5.  Based on the foregoing, it would be appropriate to correct the applicant's DA Form 5074-R by adding in the following manner:

	a.  Add the following entries to Section C, item:

* 13 (Type Training and Specialty), "Fellow-Anatomic Clinical Pathology"
* 14 (Certifying Board), "AB of Pathology"
* 15 (Inclusive Dates), "20110701-20120630"
* 16 (Credit Awarded), "01-00-00"

	b.  Modify the following entries to show he was granted entry-grade credit as follows:

* item 34 (Total CSC), "10-00-00"
* item 36 (Total Entry Grade Credit), "15-00-00"
* item 40 (Credit in Excess of that Required for Grade), "05-00-00"

6.  The above corrections will result in awarding the applicant 1 additional year of CSC which results in him being credited with 1 additional year of credit in excess of that required for grade.  The applicant was commissioned as an MC officer and entered active duty in the rank/grade of MAJ/O-4 on 5 July 2012.  HRC subsequently established his DOR as 19 June 2008.  Therefore, his DOR for MAJ/O-4 should be adjusted to 19 June 2007 based upon his recomputed total entry-grade credit.

7.  The applicant was subsequently selected for promotion to LTC/O-5 and assigned sequence number 121 based upon a DOR to MAJ/O-4 of 19 June 2008.  If his revised DOR of 19 June 2007 would have resulted in the assignment of a lower sequence number, it would be proper to correct Army records by assigning him an appropriate sequence number.

8.  Based upon a sequence number of 121, the applicant was promoted to LTC/O-5 with an effective date and DOR of 19 June 2014.  If it is determined that he should have had a lower sequence number and that the lower sequence number would have resulted in him being promoted on an earlier date, it would be appropriate to further correct the applicant's record to show his DOR to LTC/O-5 as the earlier date.

9.  The only way his effective date of promotion to LTC/O-5 can be changed would be to show the Secretary of Defense approved his promotion on an earlier date.  However, the Army Board for Correction of Military Records has no jurisdiction over Department of Defense records and therefore cannot make that type of correction.

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 as follows:

	a.  The USAREC Health Services Directorate should amend his DA Form 5074-R 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 = 5 years
* credit awarded for prior active commissioned service credit = 5 years
* total CSC = 10 years
* total prior service credit = 5 years
* total entry grade credit = 15 years
* credit in excess of that required for grade = 5 years

	b.  The HRC Officer Promotions Branch should issue orders changing his DOR to MAJ/O-4 from 19 June 2008 to 19 June 2007.

	c.  the HRC Officer Promotions Branch should review the applicant's record to determine if his revised DOR of 19 June 2007 would have resulted in the assignment of a lower sequence number; and if so, correct Army records by assigning him an appropriate sequence number.

	d.  If it is determined that he should have had a lower sequence number and that the lower sequence number would have resulted in him being promoted on an earlier date; the HRC Officer Promotions Branch should issue orders correcting the applicant's record to show his DOR to LTC/O-5 as the earlier date.



      _______ _  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)                                         AR20140005613





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ABCMR Record of Proceedings (cont)                                         AR20140005613



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