MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 October 2000
	DOCKET NUMBER:   AR2000042050

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 active duty service obligation for a 3-year anesthesiology residency be changed from 3 years to 2 years

APPLICANT STATES:  In 1983, when he was recruited into the Army as a medical school student at the Uniformed Services University of Health Sciences (USUHS), both the School Bulletin and Department of Defense Directive (DODD) 6000.2 (Minimum Terms of Service and Active Duty Obligations for Health Services Officers), dated 19 March 1981, stated that a 3-year residency program carried an active duty service obligation of 2 years.  He adds that he knows of several fellow officers who entered the Army with him and started residency training at the same time or later than he did, but only received a 2-year service obligation.

In support of his application, he provides:  a 2-page addendum to his application; a copy of his 20 May 1983 order to active duty to attend the USUHS; a copy of his DA Form 4037, Officer Record Brief, dated 19990930; a copy of a Medical Occupational Data System Training Obligated Service Works Set showing that he was assessed a 3-year obligation for his anesthesiology training; a partial copy of the USUHS School Bulletin for 1982-1983; a copy of DODD 6000.2, dated 19 March 1981, showing a 2-year service obligation for training lasting between 2 1/2 and 3 years; a copy of an email message dated 28 March 2000 from a fellow doctor at Fort Bragg stating that he had a 2-year service obligation following completion of his residency training; a copy of an email message dated 22 March 2000 from a fellow doctor at Fort Sam Houston stating that he knows of two doctors who had 2-year service obligations following completion of their residency training in orthopedic surgery; and a copy of DODD 6000.2, dated 8 April 1988, showing a 3-year service obligation for training lasting between 2 1/2 and 3 years.

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

He is a lieutenant colonel serving as an anesthesiologist at Fort Campbell, Kentucky.  He entered the Army on 13 July 1983 as a student at the USUHS and was promoted to captain on 16 May 1987 upon graduation from medical school.  On 1 July 1993, he entered a 3-year residency program for training as an anesthesiologist.  He completed the program on 30 June 1996.

Department of Defense Directive 6000.2, dated 8 April 1988, was in effect at the time that the applicant entered his anesthesiology residency program.  It specified that military graduate professional education, to include residency programs, of 3 years' duration required an active duty service obligation of 3 years.

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 this requirement.

2.  The applicant's contention that he should be held to the active duty service obligations in effect at the time that he came on active duty in 1983 is not accepted.  Active duty service obligations change through time in accordance with the needs of the Army.  The DODD 6000.2 in effect at the time the applicant entered into his residency program reflected a current active duty service obligation of 3 years for a 3-year residency program.

3.  This Board cannot verify the applicant's contention that fellow officers received only 2-year service obligations for similar training during the same time period.  The Board can only verify that the applicant's service obligation is correct based upon the length of his training and the start date of that training.

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

__jns____  __rjw___  __rtd____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042050	
SUFFIX		
RECON		
DATE BOARDED	20001002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	113.0400	
2.		
3.		
4.		
5.		
6.