MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:           

	BOARD DATE:                19 April 2000               
	DOCKET NUMBER:        AR2000036160

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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 his Basic Active Service Date (BASD) be corrected from 17 July 1988 to 17 July 1985.

APPLICANT STATES:  That he graduated from US Military Academy (USMA) at West Point in June 1981.  He was granted a delay in reporting to active duty to complete his active duty service obligation (ADSO) to attend medical school, funded by the Army on a Health Profession Scholarship Program (HPSP).  Upon completion of medical school he entered on active duty and was assigned a BASD of 17 July 1988.  

He believes that it is an injustice that some officers are retained on active duty to attend medical school and some officers are sponsored by the military, where he was not given either option.  Those officers were paid more than he was while in medical school and residency, and the time they spent in medical school and residency was creditable towards both their BASD and their retirement from the military.

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

While a cadet at the USMA at West Point, on 27 June 1981 he applied for a HPSP.  In that agreement he acknowledged that he understood that “ . . . service performed while I am a member of this program will not be counted:  (a).  In determining eligibility for retirement other than by reason of  physical disability incurred while on active duty as a member of the program; or  (b).  In computing years of service, creditable for pay under section 205 . . .”  He graduated from the USMA in 1981.  

He tendered his unqualified resignation from the Regular Army on 22 April 1981 for the purpose of accepting his HPSP.  His resignation was accepted and he was discharged from the Regular Army on 26 June 1981 and commissioned as a reserve of the Army.

On the date the applicant submitted his request to the Board he was serving on active duty as a lieutenant colonel.

The Department of Defense Pay Manual (DODPM), paragraph 10103h and 10103I state that neither training under the HPSP nor active duty while attending the Uniformed Services University of Health Sciences (USUHS) is creditable service.

Title 10, USC, Chapter 104, provides statutory provisions for the establishment, operation and selection of students in the USUHS.  This chapter mandates a maximum and minimum student population in the USUHS.

Army Regulation 135-101 provides the policy and sets forth the procedures for the 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.  Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

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

1.  The applicant’s contention that officers who are “retained on active duty” while in medical school accrue service credit towards pay and retirement is not true.  Training at the USUHS is not creditable service.

2.  The applicant’s complaint that not all officers who want to be retained on active duty to attend the USUHS have their request approved is well founded.  However the applicant, as a USMA graduate, certainly must realize that like the USMA there were (and are) only a limited number of people that can be selected for the USUHS.

3.  As such, the applicant’s BASD is properly established as the date he entered on active duty, 17 July 1988, and there is no reason to change it.

4.  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

_jph  ____  _eja ____  __vbc___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036160	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000419	
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.	104.02	
2.		
3.		
4.		
5.		
6.