PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 November 2001
	DOCKET NUMBER:   AR2001053544

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 he be granted 4 years of constructive credit for his postgraduate training in Podiatric Medicine and accompanying surgical residency training.

3.  The applicant states that the applicable regulation provides that he should receive 3 years of doctorate level credit for his Doctor of Podiatric Medicine (Podiatry) Degree and an additional 1 year of credit for his completion of Podiatry surgery residency because the additional degree adds adjunctive skills to his primary specialty and directly contributes to the performance in the anticipated position in the military service concerned.  He goes on to state that in his capacity as brigade surgeon, he is the only active duty Podiatrist in the division and he uses and teaches his Podiatry skills on a daily basis.  He also states that while in resident training for internal medicine, he was the only podiatrist in the Pacific basin for several months, while awaiting the arrival of another Podiatrist to the medical center.  In support of his application he submits copies of his diplomas for his Masters Degree in Public Health and his Doctorate in Podiatric Medicine.  He also submits a copy of his license to practice Podiatric Medicine, his Certificate of Residency in Podiatric Surgery and a memorandum from the Division Surgeon which supports the applicant’s contention that his degree provides adjunct skills that he uses daily. 

4.  The applicant’s military records show that he was commissioned as a United States Army Reserve (USAR) captain in the medical corps on 18 May 1998.  He was ordered to active duty on 6 June 1998 and was awarded 4 years of constructive credit for active duty grade determination purposes.

5.  In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) Medical Education Branch.  It opined, in effect, that after reviewing his request, he was being awarded 6 years of constructive credit instead of the 4 years that he had previously been awarded.  However, his request for constructive credit for his Doctor of Podiatric Medicine was reviewed and denied because it did not add adjunctive skills to his primary specialty in the anticipated position in the military service concerned.

6.  The opinion was provided to the applicant for comment and he responded to the effect, that his daily duties did require him to use his skills in Podiatric Medicine and that those adjunct skills contributed directly to his position and the military service concerned.  He also provided a copy of a memorandum (which was followed up by the original) from the Chief, Medical Corps Branch, Health Service Division, Total Army Personnel Command (PERSCOM).  

7.  The memorandum is addressed to the Board and recommends favorable consideration of the applicant’s request.  It supports the applicant’s contention that he is the only active duty Podiatrist in his current assignment in a light infantry division, that his additional degree and training do add adjunctive skills to his primary specialty on a daily basis and that granting him constructive credit for his Doctor of Podiatric Medicine is the right thing to do for the applicant, his command and the Army.

8.  The memorandum from the PERSCOM was provided to the OTSG for comment and officials at the OTSG opined, in effect, that since awarding of constructive credit is a personnel issue, they defer to the PERSCOM opinion.

9.  Army Regulation 135-101 provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty.  Table 3-3 of that regulation provides, in pertinent part, that 3 years of constructive credit may be granted for a degree in Podiatry.  Table 3-5 provides that 1 year of constructive credit may be granted for completion of Podiatry Surgery Residency.

10.  Department of Defense Instruction (DODI) Number 6000.13 dated 30 June 1997, issued by the Assistant Secretary of Defense (Health Affairs) provides, in pertinent part, that in order for constructive credit to be awarded to a medical corps officer ordered to active duty, the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the military service concerned. 

CONCLUSIONS:

1.  The Board finds that the applicant has submitted sufficient evidence to show that his degree in Podiatry adds adjunctive skills to his primary specialty and that he uses those skills on a daily basis to the advantage of not only his patients, but to the Army as well.

2.  Given the support he has received from the Division Surgeon and officials at the PERSCOM Medical Corps Branch, which also agree that his degree adds adjunctive skills to his specialty and results in an advantage to the Army, the Board finds that he should be granted the 4 additional years of constructive service credit that is authorized to be awarded under the applicable regulation.

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

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned, 4 additional years of constructive service credit, added to the 6 years of credit he has already been awarded and that he receive standby consideration for any selection boards for which he would have originally been considered had he received the proper constructive credit.

BOARD VOTE:  

__jm____  ___ao___  ___le ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001053544	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  22	102.0800/CONST SVC	
2.		
3.		
4.		
5.		
6.