MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 July 2002
	DOCKET NUMBER:   AR2002067376

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

	Mr. Carl W. S. Chun		Director	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be awarded constructive service credit for retired pay purposes for his Doctor of Optometry (OD) degree.

APPLICANT STATES:  That he graduated from the University of Houston College of Optometry with a doctorate in Ophthalmology.  In support of his application, the applicant submitted a copy of his Diploma from the University of Houston awarding him a Doctor of Optometry Degree.

EVIDENCE OF RECORD:  The applicant's military records show:

After graduating from the University of Oklahoma, he was commissioned and appointed a Second Lieutenant, Armor, United States Army Reserve (USAR) on 4 August 1968.  He remained in the USAR Control Group from 4 August 1968 to 8 October 1968.

The applicant entered active duty on 9 October 1968 as a Second Lieutenant, Medical Services Corps (MSC), USAR.  On 16 October 1968, he was nominated by the President and confirmed by the Senate as a Second Lieutenant, MSC, Regular Army (RA).  He served on active duty as a RA officer until separated with an honorable discharge on 23 August 1972.  He was transferred to the USAR effective 24 August 1972.

In August 1972, the applicant attended the University of Houston School of Optometry.  At this time, he maintained his military affiliation as a USAR officer.  On 15 May 1976, he graduated from the University of Houston School of Optometry with an OD degree.

The applicant transferred from the USAR to the Oklahoma Army National Guard (OKARNG) on 19 May 1977 where he served until separated on 15 September 1979.  From 16 September 1979 until 17 June 1982, he was once again in the USAR.

The applicant entered the Oklahoma College of Osteopathic Medicine and graduated with a Doctor of Osteopathy (DO) degree on 13 June 1982.  He then entered active duty on 18 June 1982 as a Major, Medical Corps (MC), USAR.

Orders Number A-03-005301, USAR Personnel and Administration Center (USARCPAC), dated 10 March 1982, effective 18 June 1982, ordered the applicant to active duty in the rank of captain (sic) for a period of 4 years.  He was assigned to Tripler Army Medical Center, Honolulu, Hawaii, to attend the First Year Graduate Medical Education Program.  He was awarded 6 years of constructive service credit.  On 30 April 1982, Orders Number A-03-005301 was amended to reflect that the applicant was awarded 6 years and 10 days of constructive service credit.

The applicant served on active duty until separated in the rank of Lieutenant Colonel, MC, on 30 September 1989.  On 1 October 1989, he once again reverted to the USAR until returning to active duty on 28 August 1990.  He is currently on active duty in the rank of Colonel, having been promoted on 7 February 1995.

In the processing of this case, an advisory opinion was obtained from the Medical Education Directorate, Office of The Surgeon General, Falls Church, Virginia.  The staff of the Medical Education Directorate opined that, after carefully reviewing the applicant's Doctor of Optometry degree to determine if further credit was warranted, they did not support his request.  The opinion stated that the Medical Education Directorate consistently has not granted entry grade credit for health care degrees and that the Directorate plans to retain this limited view based on its interpretation of the Department of Defense Instruction (DODI) 6000.13.  This directive states that "Additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of the Military Department.  As determined by the Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers."  The applicant was provided a copy of this advisory opinion and notified of his right to submit a rebuttal within 30 days from the date of the letter (3 May 2002) forwarding the rebuttal.  The applicant has not submitted a rebuttal as of 8 July 2002.

Army Regulation 135-101 provides the policy and sets forth the procedures for Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Constructive credit for professional experience and advanced (not basic qualifying degrees is awarded on a basis of ½ year credit per year of experience with a total of 6 years credit possible in unusual cases.  The maximum entry credit for Medical Corps and Dental Corps Officers is normally 14 years.  A basic principle provides that no period of time may be counted more than once.  Entry grade credit (constructive service credit) is use only to determine entry rank and date of rank, which controls time in grade and promotion eligibility while on active duty.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
2.  The Board noted the applicant's contention; however, the evidence of record indicates the applicant graduated from the University of Houston with a Doctor of Optometry (OD) degree and not a Doctor of Ophthalmology (DO) degree.  It also shows that the applicant completed residency training in Ophthalmology at Walter Reed Army Medical Center.

3.  Army Regulations specify that constructive service credit is not considered creditable service for the purpose of qualifying for retired pay or for other retired pay computations.  This service is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __kah___  __tl____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002067376	
SUFFIX		
RECON		
DATE BOARDED	20020730	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.0000	
2.		
3.		
4.		
5.		
6.