IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010583 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010583 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010583 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 adjustment of his date of rank (DOR) to captain (CPT) from 4 February 2013 to 1 June 2010. 2. The applicant states: a. He came into the U.S. Army Reserve as an O-1, while in his last year of medical school. He graduated from medical school on 30 May 2010. He should have been promoted to CPT the month following his graduation; however, his promotion to CPT was delayed until February 2013 for unclear reasons. b. He has been working with the Army Medical Department (AMEDD) Professional Management Command (APMC) to get his DOR corrected. Exhaustive attempts to have his DOR corrected have resulted in a changed DOR; however, his DOR is still wrong. The correction resulted in a DOR change to the time of the correction, not the back-dated DOR he requested. This has led to a DOR that is several years late; accordingly, his U.S. Army Reserve (USAR) drill pay has been incorrect for several years. 3. The applicant provides: * college transcripts and graduation diploma from Lake Erie College of Osteopathic Medicine * DA Form 71 (Oath of Office), dated 1 June 2010 * a letter from the Lead Residency Coordinator, Department of Medical Education, Morristown Medical Center, dated 17 July 2012 * U.S. Army Recruiting Command (USAREC) Form 1105 (Specialized Training Assistance Program (STRAP) Enrollment Verification), dated 23 January 2013 * DA Form 5685 (New STRAP Service Agreement), dated 4 February 2013 * USAREC Form 1252 (USAR and Army National Guard (ARNG) Incentives Declaration Statement), dated 4 February 2013 * his appointment letter from the U.S. Army Human Resources Command (HRC), dated 4 February 2013 * USAREC Form 1103 (Incentive Enrollment Data Sheet), undated CONSIDERATION OF EVIDENCE: 1. The applicant currently serves as a USAR Medical Corps (MC) officer, in the rank/grade of CPT/O-3. 2. On 5 November 2009, he executed an oath of office in the Medical Services (MS) Corps, while in his last year of medical school. 3. On 30 May 2010, he graduated from medical school and entered an internal medicine residency program. 4. On 4 February 2013, he contracted for the STRAP and was re-appointed into the MC as a CPT, in military occupational specialty 61F (Internal Medicine Officer), and with a DOR of 4 February 2013 5. On 4 March 2016, in the processing of this case, an advisory opinion was obtained from the Medical Corps/Veterinary Corps Program Manager at USAREC. The advisory official stated: a. After careful review of the record pertaining to the applicant, it is the opinion of this office that based on the available documents in his records, his DOR of 4 February 2013 is correct. If he can provide additional, valid, supporting documentation, the recommendation would be the DOR to MC CPT as of the date he can demonstrate he was both licensed to practice medicine and successfully completed Post Graduate Year-1 (PGY-1) internship year. b. He applied and was selected for the USAR Medical and Dental School Stipend Program (MDSSP) on 22 September 2009. He was commissioned as an MS Corps second lieutenant (2LT) on 5 November 2009 and participated in MDSSP until his graduation from medical school on 30 May 2010. Upon medical school graduation, he entered an internal medicine residency program on 1 July 2010 with anticipated program completion of 30 June 2014. On 4 February 2013, he contracted for the STRAP and was also reappointed in the MC to CPT, 61F (Internal Medicine Officer), on this same date with constructive service credit of 4-0-0 (y-m-d). In his ABCMR request, he is asking for an adjustment of his DOR to CPT, effective upon graduation from medical school. c. When enrolled and participating in MDSSP, officers are assigned to the APMC for mission command, tracking and administrative support purposes. As part of their normal processing, APMC will email or call all 4th-year medical students, informing them to contact an AMEDD recruiter to complete STRAP enrollment if applicable and to complete the necessary documents for the request for reappointment as an MC CPT. The majority of MDSSP participants will elect STRAP while entering into a residency program for one of the specialties listed on the Critical Wartime Shortage List. A smaller proportion of MDSSP participants will either elect not to utilize STRAP during residency training or choose training programs for specialties that are not authorized the STRAP incentive. d. For applicants that roll from MDSSP into STRAP, USAREC AMEDD recruiters assist the applicant in completing the STRAP enrollment packet and process the action through Health Services Division (HSD), USAREC. Part of the process for adding STRAP and enrolling in the program includes amending the initial contract and service obligation as well as requesting reappointment orders into the USAR as an MC CPT. Typically, the appointment to an MC CPT is effective upon the date of graduation from medical school. After completion of residency training, officers are released from APMC and assigned to a Reserve unit. e. For applicants that either do not elect STRAP or choose training programs for specialties not listed on the Critical Wartime Shortage List, their appointment process is different than that of STRAP participants. In these cases, the officers remain assigned to APMC but will not be reappointed to MC CPT until they successfully complete PGY-1 and receive their license to practice medicine. Once PGY-1 completion and licensure are verified, APMC will send a list to HSD, USAREC for individuals needing reappointment to MC CPT, 62B (General Surgeon). f. The applicant initially fell into category “e” above. Upon reviewing his record in the Soldier Management System (SMS), there are transaction entries in May and June 2010 where APMC emailed him explaining the STRAP and reappointment process, requesting the necessary documents to complete the actions and instructions for completing the MDSSP graduation packet. It was not until on or about November 2012 that he made contact with an AMEDD recruiter to begin the STRAP application and enrollment process. On 4 February 2013, he signed the STRAP contract, completed an oath of office and received his reappointment orders to MC CPT effective that date. Based on the documents available at that time, his DOR to MC CPT on 4 February 2013 was accurate. g. His medical license on file at APMC indicates that it was initially issued on 25 July 2013. We have been unable to retrieve or locate a copy of any certificate of completion for PGY-1, internship year. If he can provide valid proof that he was licensed to practice medicine sooner than 25 July 2013 and is able to furnish a copy of his internship completion certificate, we recommend that his DOR and reappointment to MC CPT be adjusted accordingly. His DOR would be the date when he satisfies the 62B qualification requirements of both licensure and PGY-1 completion. 6. The applicant was provided a copy of the advisory opinion for his review and comment. The applicant responded by providing his Intern in General Surgery diploma from Morristown Medical Center, dated 30 June 2011. He stated that he does not have an earlier medical license to provide and that in the State of New Jersey you need to have completed 2 years (in the same residency) to get a license. He further stated that his internship was a Critical Wartime Specialty because he was in General Surgery for his intern year and an MDSSP into STRAP. Therefore, his DOR should have been his date of graduation from medical school. REFERENCES: Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) establishes responsibility and provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army. Paragraph 1-11, in order to qualify professionally for appointment as an MC Officer, applicants must be a graduate of an accredited medical school and must have completed at least 12 months of a first-year graduate medical education program, and have permanent, unrestricted licensure to practice medicine or surgery. DISCUSSION: 1. The applicant's request for an adjustment of his DOR to CPT from 4 February 2013 to 1 June 2010 was carefully considered. 2. The available evidence shows he was reappointed as an MC CPT with 4 years of constructive service credit and an adjusted DOR of 4 February 2013. Absent valid proof that he was licensed to practice medicine sooner than 25 July 2013, there is an insufficient basis upon which to adjust his DOR. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010583 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010583 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2