MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:            5 April 2000
	DOCKET NUMBER:   AR1999026572

	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.

	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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, that she be awarded constructive service credit in order to have an additional 4 years service.

APPLICANT STATES:  In effect, that constructive service credit will increase her retirement pay from 50% to 60%.  Both her DA Form 7301-R (Officer Service Computation for Retirement) and her DD Form 214 (Certificate of Release or Discharge from Active Duty) were completed incorrectly.  She is entitled to receive 4 years constructive service credit for dental school.  This entitles her to retire with more than 26 years of active military service.  In support of her request she submits a letter written in her own behalf, a copy of her certificate of retirement, DD Forms 214 (Certificate of Release or Discharge from Active Duty) for periods ending 13 May 1974, 5 August 1976 and 30 November 1998, correspondence that has transpired between her and other agencies in an attempt to resolve her issue, a letter from the Dean, Virginia Commonwealth University (VCU), a copy of her Officer Service Computation for Retirement, and a copy of her Officer Record Brief.

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

That she served in the United States Army Reserve (USAR) as an enlisted soldier from 21 May 1973-13 May 1974. 

On 14 May 1974, she was commissioned and appointed a second lieutenant in the Ordnance Corps, USAR.  She was a member of the USAR Control Group (Annual Training) and periodically performed active duty for training.  While a member of the USAR, she attended dental school at VCU from 23 August 
1976-16 May 1981, where she received her Doctor of Dentistry degree.

Orders A-07-002655, US Army Reserve Personnel Components and Administration Center (USARCPAC) dated 24 July 1981, show that, effective 
7 September 1981, the applicant was ordered to active duty for 3 years with the rank of captain in the Dental Corps.  She was awarded 5 years, 1 month and 
5 days of constructive service credit. 

On 9 September 1981, she reported to the Academy of Health and Sciences, Fort Sam Houston, Texas, to attend the Army Medical Department (AMMED) Officer Basic Course.  She also had a reporting date of 14 October 1981 to the 
21st Replacement Battalion, USAREUR and Seventh Army.

The applicant continued to serve in an active duty status until she was separated on 30 November 1998, under the provisions of chapter 6 Army Regulation 
600-8-24 by reason of retirement, with the rank of lieutenant colonel, Dental Corps.  Her DD Form 214 shows that she had completed 17 years, 6 months and 
27 days of active military service during the last period of active service.  She also had completed 2 years, 9 months and 22 days of total prior active service and she had 5 years, 5 months and 24 days total inactive service.

In addition to the information shown above, her DA Form 7301-R (Officer Service Computation for Retirement), Item 10  (Total Active Service) equals 20 years and 15 days.  Item 11 (Total Inactive Service) equals 4 years, 6 months. Item 
12 (Constructive Service for Basic Pay) equals 0 years, 0 months and 0 days and Item 22 (Total Service for Basic Pay Purposes) equals 24 years, 6 months and 27 days.

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.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Constructive credit for professional experience and advanced (not basic qualifying degrees is awarded on a basis of ½ year credit per year of experience with a total of 6 years credit possible in unusual cases.  The maximum entry credit for Medical Corps and Dental Corps Officers is normally 14 years.  A basic principle provides that no period of time may be counted more than once.  Entry grade credit (constructive service credit) is use only to determine entry rank and date of rank, which controls time in grade and promotion eligibility while on active duty.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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 the aforementioned requirement.

2.  On 24 July 1981, the USARCPAC notified the applicant that upon the acceptance of her appointed position in the Dental Corps, she had been credited with 5 years, 1 month, and 5 days of constructive service credit, which allowed her to be appointed in the rank of captain.  

3.  Army Regulations specify that constructive service is not considered creditable service for the purpose of qualifying for retired pay or for other retired pay computations.  This service is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

4.  Further, the Board concluded that the information that is shown on both the applicant’s DA Form 7301-R and her DD Form 214 is correct as it is shown.  
She is not entitled receive additional pay for constructive service credit.

5.  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

__rvo___  __sk_____  ___le___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

						
INDEX

CASE ID	AR1999026572	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19981130	
DISCHARGE AUTHORITY	AR600-8-24, Chapter 6	
DISCHARGE REASON	Sufficient Service for Retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.0000	
2.		
3.		
4.		
5.		
6.