MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 April 2003
	DOCKET NUMBER:  AR2002077933

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. Richard T. Dunbar		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 additional constructive service credit for his fellowship and masters in the Academy of General Dentistry (AGD).

APPLICANT STATES:  That his recruiter omitted his fellowship and masters in the AGD from item 36 (Applicants for Medical and Dental Corps Only) and item 41 (Remarks) of his DA Form 61 (Application for Appointment).  He also states that he should have been awarded additional constructive service credit for his education and work experience.  In support of his application, he submits copies of his:  DA Form 61; DA Form 71 (Oath of Office – Military Personnel); DA Form 5074-R (Record of Award of Entry Grade Credit /Medical and Dental Officers); a memorandum from the Total Army Personnel Command (PERSCOM), dated 17 August 2001; two Continuing Dental Education Records; and a photograph copy of his fellowship and masters of AGD Diplomas. 

EVIDENCE OF RECORD:  The applicant's military records show he obtained a fellowship in the AGD on 29 July 1985 and masters in the AGD on 30 June 1996. He was appointed as a Reserve commissioned officer in the rank of captain/0-3 on 17 August 2001, in the Dental Corps.  

The applicant provided a copy of a memorandum from PERSCOM, dated 17 August 2001, which shows that he was awarded 7 years of appropriate  
constructive service credit for his education and experience.  He also provided two copies of his Continuing Dental Education Record that show he continued his education prior to and after his fellowship and masters in AGD.

Item 36 and 41 of his DA Form 6 are blank.  His DA Form 5074-R shows that he was awarded 7 years of appropriate constructive service credit.

In the processing of the case, an advisory opinion was obtained from the Headquarters, United States Army Recruiting Command.  In view of the documents provided to correct his constructive credit awarded upon appointment as a Reserve commissioned officer of the United States Dental Corps, the opinion states that the appropriate constructive service credit of 7 years, 0 months, and 0 days was awarded for education and experience (4 years, 0 months, 0 days for professional qualifying degree and 3 years, 0 months, and 0 days for work experience).  The postgraduate education provided for consideration of additional constructive service credit was in the category of continuing education. These documents indicated that the classes and/or courses met the requirements for Fellowship and Mastership Awards through the AGD's Department of Continuing Dental Education.  They were non-degree producing and did not meet the definition of residency, fellowship, or equivalent graduate formal professional training (such as an internship) required by the military service that would potentially award additional constructive service credit.  

The applicant was provided a copy of this opinion for possible comment prior to consideration of this case but no response was received.

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.  Subparagraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.  

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 applicant was awarded 7 years of appropriate constructive credit for his education and experience which resulted in appointment as a captain.  His post-graduate education provided for consideration of additional constructive credit were in the category of continuing education and were non-degree producing and did not meet the definition of residency, fellowship, or equivalent graduate formal professional training required by military service that would potentially award additional service credit.  Therefore, he is not entitled to any additional constructive service credit in this case.

2.  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.

3.  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

__jl____  __ym_____  ___rd___  DENY APPLICATION

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

INDEX

CASE ID	AR2002077933	
SUFFIX		
RECON		
DATE BOARDED	20030315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	229	
2.		
3.		
4.		
5.		
6.