PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 September 2001
	DOCKET NUMBER:   AR2000048284

	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		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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, in effect, that he be provided the appropriate constructive credit and that his active duty entry grade be corrected accordingly. 

3.  The applicant states, in effect, that on 3 June 2000, he was ordered to active duty as a Medical Corps (MC) captain (CPT) based on being awarded 4 years of constructive credit for his entry grade determination.  He contends that the entry grade and/or constructive credit are inappropriate given his prior experience and education.  

4.  The applicant further claims that he received a PhD in Molecular pathology from the University of California in 1996, prior to attending medical school; and this is an area of study that compliments the MD degree he received in May 2000.  The PhD degree is an interdisciplinary program that includes the specialties of Bacteriology, Basic Science, Biochemistry, and Immunology.  

5.  In addition, the applicant indicates that he is experienced as a lecturer dating back to 1986, and has scientific publications dating back to 1988, which reflect a level of expertise that significantly exceeds that of his peers.  He requests based on this experience that a review of the initial constructive credit assessment of the Office of The Surgeon General (OTSG) be accomplished. 

6.  The applicant states that every officer being assessed into the MC upon graduation from medical school is brought onto active duty as a CPT, based on 
4 years of constructive credit awarded for medical school.  He contends his experience and additional education obtained prior to his entry on active duty sets him apart from the majority of other MC officers.  He concludes that consideration should be given to awarding him a higher grade or additional constructive credit based on his PhD and experience. 

7.  The applicant’s military records show that he received his Doctor of Medicine (MD) degree on 13 May 2000.  On 3 June 2000, he was appointed a CPT in the MC and concurrently entered active duty.  

8.  In connection with the processing of this case, an advisory opinion was requested of and received from the OTSG, dated 7 August 2001.  In it, the Director, Medical Education indicated that the applicant’s request for a reassessment of his constructive credit had been completed and resulted in his being awarded a total of 8 years, 0 months, and 0 days of constructive credit.  This included 4 years for his basic qualifying degree and 4 years for his Molecular Biology degree.  

9.  However, it was further determined that additional credit based on his experience as a lecturer and scientific publications was not warranted because the experience was gained prior to his basic qualifying degree.  A copy of a revised Record of Award of Entry Grade Credit-Medical and Dental Officers 
(DA Form 5074-4R), dated 6 August 2001, was included with this opinion and confirms he has now been granted a total of 8 years of constructive credit, 
4 years for his basic qualifying degree and 4 years for his PhD in Molecular Biology.  

10.  On 15 August 2001, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond.  To date, he has failed to do so. 

11.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD).  The minimum service credit for appointment to CPT in the MC is 4 years.  Paragraph 3-3 contains guidance on determining the entry grade for officers ordered to active duty.  It states, in pertinent part, that authorized credit beyond the minimum necessary for appointment to the appropriate grade will be used to adjust the date of rank within that grade.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should have received additional constructive credit upon his appointment as a commissioned officer in the AMEDD and it finds this claim has merit.  

2.  The OTSG has determined that the applicant was entitled to a total of 8 years of constructive credit upon his appointment as a CPT in the MC, which included 
4 years of credit for his basic qualifying medical degree and 4 years for his 
PhD in Molecular Biology.  

3.  In its reevaluation, the OTSG further concluded that the applicant was not entitled to additional credit for lecturing and scientific publications because this experience was obtained prior to his completing his basic degree. 

4.  By regulation, appointment as a MC CPT requires a minimum of 4 years of credit, which in the applicant’s case leaves an additional 4 years of constructive credit that should be used to adjust his date of rank to CPT.  Therefore, the Board concludes, based on the additional constructive credit awarded by the OTSG, the applicant’s CPT date of rank should be adjusted to 2 June 1996.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the CPT date of rank of the individual concerned to 2 June 1996.

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

BOARD VOTE:  

__JNS___  ___LE__  __REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048284	
SUFFIX		
RECON		
DATE BOARDED	2001/09/25	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT (Partial)	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.  16	102.0200	
3.		
4.		
5.		
6.