MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 June 1999                  
	DOCKET NUMBER:   AC96-08924
				   AR1999018204

	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. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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:  In effect, the applicant requests 4 or 5 years of constructive credit and a change in his date of rank.  

APPLICANT STATES:  That he is entitled to 4 or 5 years of constructive credit.  The DOD pay manual states that he is entitled to constructive credit if he was participating in a program leading to an appointment as an officer prior to           15 September 1981.  He was enrolled in Army ROTC on 11 September 1981.  He was previously awarded 4 years constructive credit by the Total Army Personnel Command on 24 May 1990, and this should be reflected in active duty orders. 

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

On 16 December 1985 the applicant was appointed a Reserve commissioned officer as a second lieutenant in the Medical Service Corps.

On 24 May 1990 the applicant was appointed a Reserve commissioned officer as a Captain in the Medical Corps, effective on his acceptance, and was awarded   4 years of constructive credit as of the date of his graduation.  The Total Army Personnel Command memorandum directing this appointment, stated in effect, that he had been credited with 4 years of service in an active status, that that service was not valid for pay entry basic date, and was not the result of prior military service.

On 9 June 1994 the applicant was ordered to active duty for four years in the grade of Captain in order to fulfill an active Army requirement.  He had a reporting date of 18 July 1994 to Darnell Army Hospital at Fort Hood, Texas.
That order indicated that constructive credit for AUS grade determination was     8 years, that he had 4 years creditable service upon entry on active duty, and that for pay purposes he was not entitled to constructive credit in accordance with the DOD pay manual.  The order indicated that the applicant was an AMEDD delayed ROTC participant. 

The applicant’s officer record brief of 15 May 1998 shows that he was promoted to Major on 14 July 1996.

In response to a request for an advisory opinion, an official at the Defense Finance and Accounting Service (DFAS) at Indianapolis stated (COPY ATTACHED) that the applicant’s pay date was corrected by finance on                 1 October 1994 to read 16 December 1985, and that the applicant should contact his local SIDPERS personnel office to correct his DA Form 2A.  That official also stated that if the applicant felt that he was due back pay, he should notify his servicing finance office.  

On 28 January 1999 an advisory opinion (COPY ATTACHED) was obtained from an official in the office of the Surgeon General.  That official stated, in effect, that action had been taken to correct the applicant’s records to show that he had been granted an additional 4 months and 4 days of service credit based on    one-half credit awarded from the time he accepted his appointment as a commissioned officer, 16 December 1985, until the day before he began medical school on 25 August 1986.  That official indicated that the correction of his           DA Form 5074-R (Record of Award of Entry Grade Credit) required that the initial entry on active duty order be amended to reflect a correction of 8 years,               4 months, and 4 days for entry grade credit only.  She stated that the applicant’s active duty order was being amended and that the applicant would be provided a copy of the amendment, after which the applicant’s finance officer should make any necessary adjustments to his pay entry basic date (PEBD), if applicable.    
She also stated that a copy of the DA Form 5074-R would be furnished the PERSCOM Health Services Division so that his date of rank could be adjusted.

The corrected DA Form 5074-R concerning the applicant shows that the applicant had 8 years of constructive credit, and 4 months and 4 days of credit for service as other than a medical officer.  The credit qualified him for the entry grade of Captain, with 4 years, 4 months, and 4 days of credit in excess of that required for that grade.

Information obtained from an official of the Total Army Personnel Command Health Services Division is that the applicant’s date of rank for promotion to  Captain and for Major would be adjusted by 4 months and 4 days, upon receipt of the DA Form 5074-R from the office of the Surgeon General (NOTE:  A copy of that form was furnished that agency on 19 March 1999 so that action could be taken to adjust his date of rank).

The information provided by DFAS and the advisory opinion from the office of the Surgeon General were provided to the applicant for his information and possible rebuttal on 4 February 1999, and again on 31 March 1999, the first correspondence having been sent to an outdated mailing address.  On              30 April 1999 he requested an extension of his rebuttal period, stating that he could not judge the impact of the information contained in the advisory opinion until he received the amended order and input from the finance office.  He requested his case be left open.  

In a 14 May 1999 letter, an official of this agency informed him that the information that he had available to him should suffice, and that his request for an unspecified extension of his rebuttal period was not appropriate.  He was further informed that he had 30 days to respond to the advisory opinion; or should he wish, he could request that his application be withdrawn in order to obtain additional documentation to support his case.  He has not responded.
Army Regulation 135-101 prescribes the policy, procedures, and eligibility criteria for appointment in the Reserve components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Paragraph 1-3 states in pertinent part that commissioned officers of any Reserve Component of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty in the grade currently held if serving in the specialty for which applying or in the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified.  This is indicated in Chapter 3.

Chapter 3 provides for grade and date of rank upon appointment.  Paragraph 3-1 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.  Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.  Entry grade credit upon appointment or assignment will be recorded on DA Form 5074-R for medical and dental officers.  A period of time will be counted only once when computing entry grade credit.  Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree (See tables 3-1, 3-3, 3-4, and 3-5).  Credit for prior active commissioned service will be computed as shown in table 3-2.  

Table 3-1 provides for constructive service credit and states that periods of time spent as a commissioned officer either in an active status or on active duty will not be counted.  That table shows that 4 years of constructive service credit is awarded for a basic qualifying degree, i.e., M.D., one year for successful completion of internship, and one year for each year for graduate professional education (GPE).        

Table 3-2 provides for computation of prior active commissioned service credit and states that one-half year of credit is awarded for each year of active commissioned service, not on extended active duty, or commissioned service in an active status, in other than the specialty in which being appointed.

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 appointed a Reserve commissioned officer in the grade of second lieutenant in the Medical Service Corps on 16 December 1985.  Although the applicant’s complete records are not available, he apparently was assigned to a Reserve Control Group at St. Louis (in an active status) prior to his entry at Albany Medical College on 25 August 1986, a period of 8 months and 8 days.

2.  On 24 May 1990 the PERSCOM at St. Louis notified him that, effective on his acceptance, he was appointed a Reserve commissioned officer in the Medical Corps and had been credited with 4 years of service in an active status, in effect, allowing his appointment to the grade of Captain.

3.  When he was ordered to active duty for 4 years in July 1994 the applicant was credited with an additional 4 years of constructive credit based on his internship and his credit for GPE (as reflected on his DA Form 5074-R).  He then had, based on his previous 4 years of constructive service credit, 8 years of entry grade credit.  However, the applicant’s service in an active status from December 1985 to August 1986 had been overlooked.  This has since been corrected to show a total of 8 years, 4 months, and 4 days of total entry grade credit.    

4.  The applicant’s PEBD (16 December 1985) was changed by finance on          1 October 1994 and is correct.  

5.  The official in the office of the Surgeon General has advised that she has requested that the applicant’s active duty order be corrected to show that he had 8 years, 4 months, and 4 days of credit for grade determination.

6.  The applicant’s dates of rank to Captain and to Major will be corrected by the PERSCOM Health Services Division to show the correct years of credit for grade determination.

7.  The applicant is due no additional constructive service credit. 

8.  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

__jlp___  __tap___  ___ewl__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC96-08924/AR1999018204	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
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. 112.07		
2. 131.05		
3.		
4.		
5.		
6.