BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20150000431 


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 that she be granted additional constructive service credit and that her date of rank (DOR) be adjusted accordingly.

2.  The applicant states, in effect, that her DOR as a captain (CPT) is in error in that she was only awarded 4 years of constructive service credit instead of being awarded 7 years (4 years for Podiatry School and 3 years for residency).  She goes on to state that she graduated from Boston University on 13 May 2006 and was a graduate of the Reserve Officer Training Corps (ROTC) who received an education delay to attend podiatry school from 2006 to 2010.  In 2010, she received another education delay to attend her residency at a civilian Podiatry Residency Program that lasted until 2013 when she graduated from her residency on 30 June 2013 and was commissioned as a Regular Army Medical Service Corps CPT on 15 July 2013.  She continues by stating that initially her DOR was 15 July 2013; however,  it was subsequently changed to 11 January 2013 when she addressed the issue with the Army Human Resources Command (HRC).

3.  The applicant provides a list of enclosures with her application that serves as pages 5 – 7.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a United States Army Reserve second lieutenant on 13 May 2006 upon graduating from Boston University and the Reserve Officer Training Corps and was granted a 4-year education delay from entering active duty to obtain a Doctorate in Podiatric Medicine (DPM).  She completed medical school in 2010 and received an additional 3-year education delay to attend a podiatry surgical residency (PSR) program in a civilian hospital which she completed on 30 June 2013.

2.  Meanwhile, on 22 May 2013, a DA Form 5074-1 (Record of Award of Entry Grade Credit for Health Service Officers) was prepared which shows she was granted 3 years of constructive service credit for her DPM degree, which was     6 months more than needed for appointment to the rank of CPT. 

3.  On 15 July 2013, the applicant was commissioned as a Regular Army CPT in the MSC when she reported to her Basic Officer Leadership Course (BOLC).  Her DOR was initially recorded as 15 July 2013.  However, on 28 February 2014, the HRC issued orders changing her DOR to 11 January 2013.

4.  The applicant completed her BOLC and was transferred to Fort Hood, Texas for assignment to Darnall Army Medical Center as a podiatrist.

5.  In the processing of this case a staff advisory opinion was obtained from the U.S. Army Recruiting Command at Fort Knox, Kentucky which opines, in effect, that the applicant was granted the maximum constructive service credit allowed by current directives and current directives require a DPM and 3 years of PSR in order to be commissioned as a podiatrist.  Additionally, her DOR was properly adjusted subsequent to her taking her oath.

6.  The advisory opinion was provided to the applicant for comment and she responded to the effect that she should have received additional constructive service credit for her 3-year residency as her peers who graduated podiatry school in 2010 and took their residency at Fort Bragg, North Carolina have their DORs listed as 2010.

7.  DODI 6000.13, paragraph 6.1.2.2.2 states that credit for master's and doctorate degrees in a health profession other than medicine or dentistry, 
whether it is the primary degree or an additional advanced degree shall be awarded based on actual full-time equivalent education up to 2 years for a master's degree and up to 4 years for a doctorate.  Credit may not include time spent in attainment of baccalaureate or other lower degrees.  No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit for having both a master's and a doctorate degree may not exceed the maximum allowed for a doctorate.  The maximum credit for a doctorate degree is 4 years.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty.  Paragraph 3-2 provides that individuals with
7 or more years of service, but less than 14, will be commissioned in the rank of CPT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she should have been granted constructive service credit for her residency training and that her DOR as a CPT should be adjusted to 2010 has been noted and found to lack merit.

2.  The requirement to be commissioned as a podiatrist is to have a DPM degree with 3 years of PSR and the maximum constructive service credit that can be awarded for a doctorate degree is 4 years.  The applicant was awarded the maximum years of service and her DOR as a CPT was subsequently backdated to account for the 6 months of excess required for appointment to CPT.

3.  The applicant’s contentions that her DOR should be adjusted because her peers who graduated Podiatry School in 2010 and attended their residency at Fort Bragg received dates of rank of 2010; and that, because she attended her residency at a civilian institution, her DOR was not adjusted accordingly have been noted and found to lack merit.  While the applicant has not provided specific names of her peers, it appears that her peers elected to serve as MSC officers while completing their residency, an option that was available to her as well.  However, the applicant specifically requested an education delay to attend her PSR at a civilian institution instead.

4.  Accordingly, since there is no error or injustice in this case, there is no basis for granting her request.

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)                                         AR20150000431





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ABCMR Record of Proceedings (cont)                                         AR20150000431



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