MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 September 2002
	DOCKET NUMBER:   AR2002068824

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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:  In effect, that he receive an adjustment to his constructive credit.  

APPLICANT STATES:  In effect, that he should receive constructive credit for medical school in India, which lasts 6 years instead of 4 as in the United States.  He further indicates that after completing medical school he did a rotary internship of 12 months and residency for 6 months.  After coming to the United States, he worked as a phlebotomist, nursing assistant, and volunteered with a family physician in Maryland.  In addition, after his residency, he worked as an assistant professor and associate residency director at the University of Illinois at Chicago, and had been in that position for 9 months prior to being commissioned. In support of his application, he provides a list of his professional training and employment.  

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

He was appointed and is currently serving as a Medical Corps (MC) captain (CPT), in the United States Army Reserve (USAR), as an Individual Mobilization Augmentee (IMA).  

In connection with the processing of this case, an advisory opinion was requested of and received from the Chief, Medical Corps Division, United States Army Recruiting Command (USAREC), Fort Knox, Kentucky, dated 1 July 2002, which indicated that no further constructive credit is warranted in the applicant’s case. 

Enclosed with the USAREC advisory opinion was a Record of Award of Entry Grade Credit (Medical and Dental Officers) (DA Form 5074-R), dated 5 February 2001, which contained the breakdown of the applicant’s constructive credit.  It confirmed that he was granted the following constructive credit for the qualifications indicated:  4 years, for his basic qualifying degree; 1 year, for his internship; 2 years, for graduate professional education; and 3 months and 
19 days, for professional experience.  It also showed that he received a total of 
7 years, 3 months, and 19 days of constructive credit and that this qualified him to be commissioned in the rank of CPT.  

The USAREC advisory opinion further stipulated that constructive credit may be given for medical up to 4 years for the first professional degree.  Further, the applicant’s time in internships or residence in India cannot be counted since the training was not approved by the appropriate accrediting agencies (American Medical Association or American Osteopathic Association) in accordance with the governing Department of Defense (DOD) policy.  However, the applicant’s time in accredited internship and residency in the United States was appropriately credited.  
In addition, the advisory opinion indicated that the applicant’s time working as a phlebotomist, nursing assistant, and volunteer cannot be counted as creditable experience since he was not a licensed physician at the time.  Finally, he did receive credit for his professional experience between 1 July 2000 and the date of his appointment in accordance with the DOD policy, which allows for granting ½ year credit for each full year.  

On 3 July 2002, the applicant was provided a copy of the USAREC advisory opinion in order to be provided the opportunity to reply.  To date, he has failed to respond.  

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).  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the grade and date of rank upon appointment will be determined by the law and regulations in effect on the date of the appointment.  

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(s), it is concluded:

1.  The Board notes the applicant’s contention that he should be granted additional constructive credit because an individual who entered after he did received this credit.  However, it finds insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant was granted constructive credit for his basic qualifying degree, internship, residency, and professional experience in accordance with the applicable DOD policy in effect at the time of his appointment.  

3.  Lacking independent evidence to the contrary, the Board presumes government regularity in the preparation of the DA Form 5074-R and the constructive credit awarded the applicant upon his appointment.  Further, it finds no evidence to show that the applicant is entitled to additional constructive credit that was not awarded by this document.  Therefore, the Board concludes there is no evidentiary basis for granting the requested relief. 

4.  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.

5.  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

__CLA__  ___MHM___  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068824	
SUFFIX		
RECON		
DATE BOARDED	2002/09/05	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700	
2.		
3.		
4.		
5.		
6.