MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 November 2002
	DOCKET NUMBER:   AR2002073610

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		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:  In effect, that he be granted constructive credit for his three years of service in the Korean Army as a dental officer, and that his date of rank (DOR) to captain/0-3 (CPT/0-3) be adjusted to 15 December 1998.  

APPLICANT STATES:  In effect, that his DOR does not reflect his graduate professional education.  In support of his application, he submits a Dental Radiology Certificate from the University of Alabama School of Dentistry and his  School of Dentistry college transcript from the University of Michigan.

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

The applicant is presently serving as a dental officer in the United States Army Reserve (USAR) as a CPT/0-3, and he is assigned to the 919th Medical Detachment, Denver, Colorado.

In the processing of this case, an advisory opinion was obtained from the Chief, Specialty, Veterinary Corp, and Dental Corp Branch, Health Services Directorate, United States Army Recruiting Command (USAREC), Fort Knox, Kentucky.  It indicates that the Dental Radiology Certificate provided by the applicant in support of his request for constructive credit was completed from 1 August 1986 to 1 July 1967, which was prior to his earning his Doctor of Dental Surgery (DDS) degree from the University of Michigan in May 1990.  Since the Dental Radiology Certificate was earned prior to his being awarded a DDS, it does not qualify for additional educational credit.  By regulation, in order for the applicant to be eligible to receive additional credit for the Dental Radiology Certificate, he would have had to complete the Dental Radiology course subsequent to earning his DDS.  The opinion further states that the applicant’s dental school transcript indicates he started dental school in August 1987, and completed the Dental Radiology Certificate program in July 1987.  He was awarded the four years of service credit for his DDS degree even though his dental transcript indicated actual attendance for only three years.  It further indicated that by regulation, credit for profession experience is granted half a year for each year, up to three years and that the applicant was awarded the maximum three years of constructive credit allowed for his professional experience from 1 June 1991 to 
1 December 1999.  The advisory opinion also indicates that the three years service in the Korean Army the applicant completed as a dental officer does not qualify him for additional constructive credit in accordance with the applicable policy and regulation. 

Finally, after careful consideration of the applicant’s request and the supporting evidence he provided, USAREC officials recommend that the applicant’s request be denied, since he was awarded the appropriate amount of constructive credit, seven years, four years for his education and three years for his experience.  Further, the Dental Radiology Certificate he provided does not authorize additional constructive credit because he completed it prior to earning his DDS. 
On 14 August 2002, the applicant was forwarded a copy of the USAREC advisory opinion in order for him to provide his comments or rebuttal.  To date, he has failed to respond.  

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.  Chapter 3 pertains to entry grade credit 
for Reserve appointment grade determination.  It states, in pertinent part, that
grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry grade credit awarded.  It also states that entry grade credit will be the sum of constructive service credit and credit for prior active commissioned service. 

Table 3-1 provides that Army Medical Corps officers are granted one-half year
of credit for each year of experience up to a maximum of three years.  It also indicates that additional credit for special education or professional experience in the specialty in which assigned may be granted, when that experience is accrued subsequent to the member earning the qualifying degree and license.  It further specifies that no credit will be given for practice outside of the United States.  

Paragraph 3-2 provides that if entry grade credit is 7 years or more, but less than 14 years, the entry grade for officers not ordered to active duty will be CPT/0-3.

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 his CPT/0-3 DOR should be adjusted and that he should be granted additional constructive credit based on his three years of service as a dental officer in the Korean Army.  However, it finds an insufficient evidentiary basis to support this claim.

2.  The evidence of record confirms that the applicant was appointed a CPT/0-3 with the proper DOR and was granted seven years of constructive credit for his basic qualifying degree and experience in accordance with the applicable regulatory guidance in effect at the time of his appointment.  In addition, the USAREC advisory opinion confirms that his CPT/0-3 DOR is correct based on the constructive credit he was entitled to based on his education and experience at the time of his appointment. 

3.  Lacking independent evidence to the contrary, the Board concludes that the applicant’s DOR and the constructive credit awarded to him upon his appointment is correct.  Therefore, the Board concludes that the requested relief is not warranted in this case. 

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

__FNE__  _  _LE  __  __  TL  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002073610	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/21	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.0700	
2.		
3.		
4.		
5.		
6.