MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 December 2000
	DOCKET NUMBER:  AR2000042048

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Lana E. McGlynn		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 he receive service credit for pay and grade purposes for his four years of medical school under the Health Professional Scholarship Program (HPSP) according to Title 37, United States Code, Section 205 (a)(6), which was repealed by the Defense Officer Personnel Management Act (DOPMA).

APPLICANT STATES:  That he is a member of the 1987 medical school graduating class under the HPSP.  In 1983, his recruiter out of Nashville, Tennessee, contacted him to recruit his participation in the HPSP on the same day he got his medical school acceptance letter from Vanderbilt.  During the course of the discussion, the recruiter indicated that the four years of medical school would count toward pay and grade, but not toward the 20 year retirement. The applicant reported to Eisenhower Army Medical Center to begin his active duty internship training in 1987 and only then, along with the other class members, was he informed that due to a change in the law, the four years pay credit for medical school was no longer authorized.  At that time, the class of 1986 had begun their efforts to get the four years pay credit based on the same erroneous information.  During inquiries, local finance personnel advised that there was no way to appeal the loss of pay credit unless the law was overturned. During further inquiry with a colonel who spearheaded the pay credit challenge for the class of 1986, it was indicated that it would be difficult for the 1987 class to challenge the law.  As a result, the applicant didn’t pursue service credit. He feels that favorable consideration is warranted based on the erroneous information and equitable treatment.  He was advised to seek correction of the current error and award of pay credit through the Army Board for Correction of Military Records.  The applicant provides copies of relevant documents from his personnel record to include his HPSP contract.

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

That he was accepted in the HPSP on 18 June 1983 and entered medical school at the Vanderbilt University, Nashville, in school year 1983-84.  Commensurate with his HPSP contract, he was commissioned a 2nd lieutenant in the USAR on 
12 July 1983.  He completed his medical schooling in 1987 and his commission as a USAR 2nd lieutenant was terminated.  He was commissioned as a captain in the USAR in the Medical Corps on 9 May 1987 and called to active duty.  He was promoted to major on 22 June 1993 and lieutenant colonel 22 June 1999.  His Area of Concentration (AOC) is 61P, Physical Medicine and Rehabilitation.  He is currently stationed at the U. S. Army Medical Activity at Fort Jackson.

On 18 June 1983, the applicant signed a DA Form 4629 (Service Agreement – DA Armed Forces Health Professions Scholarship Program), April 1982 edition.  Item 16 of the service agreement states, “I further understand and agree that the service performed while I am a member of this program will not be counted:…
b. in computing years of service, creditable for pay under title 37, United States Code, section 205.”  Item 21 of the service agreement states, “I understand that this is the entire contract between myself and the United States Army and that there are no oral or other agreements or understandings or representations affecting the contract or relating to my military service, except as otherwise specifically provided herein.”  

An advisory opinion was provided by the Directorate of Medical Education (DME), Office of the Surgeon General of the Army, recommending approval of the applicant’s request. Their recommendation is based on a previously accepted statement from a colonel that he unknowingly misinformed members of the 1987 class of the Uniformed Services University of Health Sciences (USUHS) that they would get four years credit for completing medical school.  The DME made the assumption that if this senior ranking officer was confused on this point, then, “less experienced recruiters and personnel technicians who are junior in rank could also be misinformed,” and incorrectly inform prospective Army medical students. The DME also considers this a case of fairness and equity since pay credit was awarded to USMA cadets who were 1987 USUHS graduates under similar circumstances.  The applicant concurred with the DME opinion.  The advisory opinion does recognize that there is no proof that the applicant was misinformed by the recruiter and does not believe a determination could be made in this case based on what a recruiter told prospects 17 years ago.

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 signed his DA Form 4629 (Service Agreement – DA Armed Forces Health Professions Scholarship Program), confirming that he understood and agreed that the service performed while a member of the HPSP would not be counted in computing years of service, creditable for pay.  By his signature, he also confirmed that he understood that there were no oral or other agreements or understandings or representations affecting this contract.

2.  There is no evidence, other than the applicant’s own statement, that he was misinformed concerning pay credit for participation in the HPSP Program.

3.  The applicant’s case is not comparable to the USMA cadets who were 1987 USUHS graduates.  The HPSP and USUHS programs and contracts are different.  There was specific evidence of misinformation in the case of the USMA cadets.  Each case presented to the Board must be determined based on its own merits and not on the merits of other cases.

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

__fe___  __ho____  __lm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042048	
SUFFIX		
RECON		
DATE BOARDED	20001212	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.102.08	Constructive Service	
2.		
3.		
4.		
5.		
6.