PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           3 October 2000
	DOCKET NUMBER:   AR2000036861

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his constructive service credit awarded upon commissioning be adjusted to reflect an additional 2 years and that his date of rank also be adjusted by 2 years.

3.  The applicant states that his accession letter gave him credit for only 3 years of schooling, and his 8 years of clinical practice and board certification was reduced to 6 years.  In support of his request, the applicant submits copies of his DA Form 61 (Application for Appointment), curriculum vitae, resume and service career, and DA Form 4213 (Supplemental Data for Army Medical Service Reserve Officers).

4.  The applicant’s military records show that he was appointed a Reserve commissioned officer in the rank of captain, Medical Corps, on 8 May 1985.  His appointment letter credited him with 10 years, 10 months and 7 days of constructive service based on his education and professional medical experience.  He was promoted to his present rank of colonel on 1 June 1999.

5.  The applicant attended Baylor College of Medicine, Houston, Texas, from June 1971 to June 1974 to obtain his medical degree and was awarded 3 years of constructive service credit.  He was awarded an additional 7 years, 10 months, and 7 days of constructive service credit as follows:  his internship and residency at Jefferson University Hospital, Philadelphia, Pennsylvania, from 1 July 1974 to 30 June 1977 resulted in 3 years constructive serve credit; his experience as a staff physician at Jefferson University Hospital from 1 July 1977 to 30 June 1983 gave him 3 years of constructive service credit; and his additional experience from 1 July 1983 to 8 May 1985 resulted in 1 year, 10 months and 7 days of constructive service.

6.  In the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The Board was advised that the applicant should have been received 4 years of constructive service credit for his medical degree (rather than the 3 years awarded).  The constructive credit awarded for his professional experience (1/2 day for every day of professional experience up to 3 years maximum) and additional experience (day for day credit) is correct.  Therefore, the applicant should have received a total of 11 years, 10 months and 7 days of constructive service credit.

7.  On 7 July 2000, the applicant was furnished a copy of the OTSG advisory opinion for comment.  He concurred with the advisory opinion.

CONCLUSIONS:

1.  The applicant should have received 4 years constructive service credit for his attendance at Baylor College of Medicine from Jun 1971 to July 1974 in pursuit of his medical degree.  His total constructive service credit award at the time of his appointment as a Reserve commissioned officer should have been 11 years, 10 months, and 7 days.

2.  The preceding is supported by the OTSG advisory opinion.

3.  The Army’s promotion selection process is based on the date and grade the officer was appointed and received his commission in the Army Reserve.  Constructive service credit is awarded for education and experience acquired as a civilian with no affiliation with the Army, and therefore has no effect on subsequent promotions and associated dates of rank.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned 11 years, 10 months and 7 days of constructive service credit effective 8 May 1985, the date of his appointment as a Reserve commissioned officer.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jns____  __rjw____  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     ___John N. Slone__
		        CHAIRPERSON

INDEX

CASE ID	AR2000036861	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.