IN THE CASE OF: BOARD DATE: 29 March 2011 DOCKET NUMBER: AR20100023845 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his constructive service credit be re-calculated and that he be issued a new DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer). 2. The applicant states he did not receive full credit for his United States Army Reserve service. He should have received 4 years, 9 months, and 10 days of constructive credit instead of 4 years, 4 months, and 10 days. 3. The applicant provides his: * DA Form 5074-1-R dated 22 December 2006 * Appointment Memorandum * Chronological Statement of Retirement Points * Oaths of Office CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Medical Service Corps second lieutenant in the United States Army Reserve (USAR) on 4 February 2006. He had a PhD in Molecular Biology at the time of his appointment. 2. On 5 April 2007, he was accessed to active duty in the Regular Army in the rank of captain with 4 years, 4 months, and 10 days of constructive service credit. 3. In the processing of this case a staff advisory opinion was obtained from the Human Resources Command at Fort Knox, Kentucky which opines that coordination with Recruiting Command officials confirms that the applicant’s constructive credit and date of rank for his promotion to the rank of captain are incorrect. The applicant should receive a new DA Form 5074-1-R reflecting that he should receive approximately 4 years, 9 months, and 10 days of constructive credit. The advisory opinion was provided to the applicant and he concurred with the opinion. 4. Department of Defense Directive 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs. Paragraph 6.1.1.3. provides that commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive credit is awarded, shall be awarded day-to-day credit for service performed. An officer on active duty or in an active status who completes a program that would qualify for credit under subparagraph 6.1.2.2. in less than the number of years normally required may be given constructive credit by the Secretary of the Military Department concerned. Constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category. 5. Subparagraph 6.1.2.2 provides that constructive credit shall be awarded as follows: a. 4 years of constructive credit shall be granted for completion of the first professional degree that include medical (M.D), osteopathy (DO), dental (D.D.S or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D). b. Credit for master’s and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an advanced degree, shall be awarded based on an actual full-time equivalent education of up to 2 years for a master’s degree and up to 4 years for a doctorate. The total credit allowed for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his constructive service credit was improperly calculated has been considered and appears to have merit. 2. The advisory opinion provided by the Human Resources Command in coordination with Recruiting Command officials indicates the applicant was not given day-to-day credit for his USAR service and as a result he was not given the proper constructive service credit or date of rank for promotion to the rank of captain. 3. Accordingly, it would be in the interest of justice to re-compute the applicant’s constructive service credit and issue him a new/corrected DA 5074-1-R. 4. Additionally, his date of rank for promotion to captain should be corrected accordingly and he should receive all back pay and allowances that flow from this change. BOARD VOTE: ____x___ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Recomputing the applicant’s constructive service credit and issuing him a corrected DA Form 5074-1-R * Correcting his date of rank to captain and paying him all back pay and allowances that flow from this change _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100023845 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023845 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1