MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            8 June 2000                  
	DOCKET NUMBER:   AR2000041228

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Ms. Lana E. McGlynn 		Member	
	Mr. Arthur A. Omartian 		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:  Reconsideration of his previous requests for 4 years’ constructive service credit for longevity pay purposes for his attendance at the Uniformed Services University of the Health Sciences (USUHS), Class of 1987, from August 1983 to May 1987.

APPLICANT STATES:  In effect, that all of his USUHS classmates who were also members of the United States Military Academy (USMA), Class of 1983, were granted constructive service credit based upon their receipt of erroneous information during a briefing at the USMA.  In that briefing, USMA officials told the cadets that they would receive constructive service credit for longevity pay purposes for their 4 years of medical school.  The Board, citing the fact that the USMA cadets made irrevocable career decisions based upon the misinformation, voted to grant relief.  The applicant contends that he, too, was misinformed and made similar career choices based upon the same misinformation.

In support of his application for reconsideration, the applicant submits:  a copy of a 29 September 1998 letter from the USUHS General Counsel to the Office of The Secretary of Defense admitting that the university may have misinformed students of the Class of 1987 concerning the issue of constructive service credit; a copy of a 26 December 1985 letter from the Dean of the Medical School to the Air Force Corrections Board admitting that the USUHS School of Medicine Bulletin for 1983-1984, which was written in December 1982, did not include revisions concerning constructive service credit which were mandated by the Defense Officer Personnel Management Act (DOPMA), and that certain briefing officials did not clarify the issue for prospective students; a copy of a 5 December 1986 letter from the Dean of the Medical School to the Board for Correction of Naval Records reiterating his belief that applicants from the Class of 1987 who either were not informed, or misinformed, about constructive service credit be given constructive service credit for attendance at USUHS; a copy of an 18 April 1985 letter from the Director of Admissions/Registrar of the Medical School admitting that segments of the Class of 1987 which he did not personally brief could have been misled on the issue of constructive service credit; and a copy of the pertinent pages of the Bulletin of The School of Medicine, Uniformed Services University of the Health Sciences  1983-1984 which states, “Longevity credit for pay purposes accrues for students for time spent in school . . . .”

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in memoranda prepared to reflect the Board's original consideration of his case on 6 February 1991, a previous reconsideration on 23 September 1999, and a supplemental proceeding on 24 February 2000 (COPIES ATTACHED).

The applicant’s military records show that he is a lieutenant colonel serving on active duty in the Army Medical Corps.  He was a member of the USUHS Class of 1987, graduating with a Doctor of Medicine degree in May 1987.
In a letter dated 18 April 1985 to the each Service’s Board of Corrections, the Director of Admissions/Registrar stated, “It is very possible that a given segment of the Class of 1987 could have, and probably did, (emphasis added) receive inaccurate or incomplete information from any number of official/semi-official sources concerning the effects upon entitlements (pay purposes at the time of graduation and retirement) due to the DOMPA legislation.”  He made this statement regarding those prospective students whom he did not personally brief.

On 9 December 1982, the applicant, as a prospective student, attended a briefing at the USUHS, Bethesda, Maryland.  The briefing was not given by the Dean of Admissions/Registrar, but by an Assistant to the Registrar.  This fact is borne out by attendance rosters for the briefing.  The applicant states that the Assistant to the Registrar did not address the issue of constructive service credit or the fact that DOPMA had rescinded it.  However, each prospective student was given a copy of the Bulletin of The School of Medicine, Uniformed Services University of the Health Sciences  1983-1984 which affirmed that students would receive 4 years’ constructive service credit for longevity pay purposes for their successful completion of medical school at the USUHS.

After foregoing all other opportunities to attend civilian medical schools (under various scholarship programs) and enrolling in the USUHS, the applicant and his classmates were informed that constructive service credit would not accrue for time spent in school.  Students appealed to their respective service’s Boards for Correction of Military Records.  This Board granted relief to all USUHS students who graduated from the USMA, Class of 1983, based upon a briefing presented at the USMA in which prospective students were specifically told that constructive service credit would accrue for attendance at the USUHS.

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.  It is noted that the Board erroneously included the applicant among those USUHS students who were graduates of the USMA, Class of 1983, and granted him relief on 23 September 1999.  Not only was the applicant not a USMA graduate, he did not request reconsideration of his 20 April 1990 case; therefore, the Board lacked authority to reopen his case.  On 24 February 2000, the Board, in a supplemental proceeding, withdrew the relief.

2.  The Board concedes that the applicant was among a group of prospective students not personally briefed by the Director of Admissions/Registrar of the USUHS.  However, no member of this group, to include the applicant, has provided the same level of unequivocal proof of being misinformed as was provided by the USMA graduates.  The letter from the Director of Admissions/Registrar only states that the applicant “could have, and probably did” receive misinformation.

3.  Without the same level of clear, unambiguous proof that the applicant was, in fact, misinformed about the effects of DOPMA upon constructive service credit for longevity pay purposes, the Board cannot recommend relief.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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.

NOTE:  

BOARD VOTE:

_slp____  __lem____  ___aao_  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AC2000041228	
SUFFIX		
RECON	19990923	
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY	DASA	
ISSUES         1.	102.08	
2.	128.00	
3.		
4.		
5.		
6.