IN THE CASE OF: BOARD DATE: 5 October 2023 DOCKET NUMBER: AR20230001723 APPLICANT REQUESTS: * Correction of entry grade credit awarded * promotion to lieutenant colonel (LTC)/O-5 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Information Update and Year Credit Adjustment for the LTC Promotion Board * Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, United States Codes (USC) 12201 and 12203, 9 August 2016 * DA Form 71 (Oath of Office – Military Personnel), 26 August 2016 * Memorandum – Subject: Recommendation for Reserve of Army Appointment, 30 August 2016 * DA Form 5074-R (Record of Award of Entry Grade Credit – Medical and Dental Officers), 31 August 2016 * Diploma, * Transcripts * Orders Number B-09-807192, 10 September 2018 * Officer Record Brief FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, USC, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part that he was commissioned on 26 August 2016 to serve in area of concentration 61H (Family Physician) based upon the constructive credit that he received (10 years). He contests that the entry grade credit awarded was miscalculated by at least 2 years resulting in his delayed promotion. He argues that based upon his credentials, he should have received a minimum of 3 years of additional constructive credit based upon his Master in Business Administration conferred in 2016. 3. A review of the applicant's available service credit reflects the following: a. On 26 August 2016, the applicant was appointed as a reserve commissioned officer within the U.S. Army Medical Corps as a 61H at the rank/grade of captain (CPT)/O-3 and assigned to a Troop Program Unit (TPU). b. On 31 August 2016, DA Form 5074-R was constructed providing 9 years, 4 months, and 18 days of entry grade credit thereby qualifying the applicant to be appointed at the rank of CPT. The applicant was awarded 4 years of credit for completion of his medical doctorate degree, 1 year for his hospital internship (1 July 2008 – 30 June 2009), 2 years for completion of a medical residency (1 July 2009 – 30 June 2011), and 2 years, 4 months, and 18 days of credit for his professional experience as a physician completed (15 September 2011 – 21 June 2016). This document further provides the following information: * Credit required for grade – 4 years * Credit in excess of that required – 5 years, 4 months, 18 days * Date of rank – 8 April 2011 c. On 10 September 2018, the U.S. Army Human Resources Command issued Orders Number B-09-807192 announcing the applicant's promotion to the rank/grade of major (MAJ)/O-4, effective 21 August 2018. d. On 24 September 2018, the applicant completed the Basic Officer Leader Course. 4. The applicant provides: a. Memorandum – Subject: Appointment as a Reserve Commissioned Officer of Army Under Title 10, USC 12201 and 12203, dated 9 August 2016, reflective of the applicant's appointment as a commissioned officer at the rank of CPT. The applicant was awarded service credit for 9 years, 4 months, and 18 days. b. Memorandum – Subject: Recommendation for Reserve of the Army Appointment, dated 30 August 2016, reflective of the applicant being awarded 9 years, 4 months, and 18 days of constructive service credit as of 26 August 2016. c. Diploma dated 17 December 2016, reflective of the applicant being awarded a Master of Business Administration (MBA) from the University. d. Transcripts reflective of the applicant's civilian academic history at the University. e. Officer Record Brief reflective of the applicant's pertinent personnel and administrative information to include rank and civilian education history. Section VII (Civilian Education) reflects completion of an MBA in 2016, Medical Doctorate degree in 2002 and a Bachelor of Science degree in 2002. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the applicant’s constructive service credit was properly calculated based on his medical education and his professional medical experience. The Board noted that his MBA was not a contributing factor to his qualification to serve as an AMEDD officer and determined the MBA was properly excluded in the calculation of his constructive service credit. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ? 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) states that Grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits (a below), entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon-appointment or assignment will be recorded on the DA Form 5074-R. The maximum entry grade credit for appointment in the Medical Corps or Dental Corps is 14 years. Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. The grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase points. Entry Grade credit for CPT is 7 years or more, but less than 14 years. For MAJ it is 14 years or more but less than 21 years. 2. AR 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) Table 2-1 Time in grade (TIG) requirements commissioned officers, other than commissioned warrant officers. The following TIG and military education requirements for officer promotion consideration: * Captain to Major = 4 years minimum/7 years maximum TIG; completion of Captain's Career Course * Major to Lieutenant Colonel = 4 years minimum / 7 years maximum; completion of Intermediate Level Education – Common Core //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001723 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1