MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:           30 September 2003                   
		DOCKET NUMBER:  AR2003084048

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 his records be corrected to show that he was credited with 16 years of constructive service, instead of the 15 years he was given.

APPLICANT STATES:  He was told by his recruiter that he would receive 16 years of constructive service.  He believes he should have been credited with 4 years for medical school, 1 year for 5th Pathway, 3 years for internal medicine residency, 3 years for cardiology fellowship, and 7 ¾ years for private practice.

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

He was commissioned as a major, US Army Reserve (USAR), on 20 April 2001, based on 15 years of constructive service credit.

On the date the applicant submitted his request to the Board, he was serving in the USAR as a major.

In the processing of this case, an advisory opinion was obtained from the US Army Recruiting Command (USAREC).  The USAREC stated that the applicant was awarded the proper amount of constructive service credit.  He was denied credit for his time in the 5th Pathway because credit for training may not exceed that required for certification in the specialty.  The 5th Pathway is not normally needed for certification in a specialty.  The USAREC recommends that the applicant’s military records remain unchanged.  The applicant was provided a copy of this advisory opinion and was given an opportunity to respond.  He opted not to provide the Board with any additional evidence or argument.

Army Regulation 135-101 provides the policy and sets forth the procedures for the 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 1/2 year credit per year of experience with a total of 6 years credit possible in unusual cases.  The maximum entry grade 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 that once.  Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

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.  All evidence of record indicates that the applicant was properly awarded 15 years of constructive service credit, which is 1 year greater than that which is normally allowed.

2.  The applicant’s attendance of 5th Pathway does not qualify for constructive service credit because it was not required for him to receive his medical degree.

3.  The foregoing conclusions are consistent with the advisory opinion obtained from the USAREC.

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

___mhm _  ___mvt__  ____rjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2003084048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030930	
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.		
2.		
3.		
4.		
5.		
6.