MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 January 2001                 
	DOCKET NUMBER:    AR2000042225

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		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:  That his Pay Entry Basic Date (PEBD) be corrected to credit him for the time he spent in medical school.

APPLICANT STATES:  That he was informed by his Health Professions Scholarship Program (HPSP) recruiter that if he accepted the scholarship, he would be commissioned as a captain with over 4 years of service for pay purposes upon completion of his medical school.  It was explained to him that the time he spent in medical school would be counted as service credit.  He based his decision to accept the scholarship on both the rank and the service credit he would receive for going to medical school.  He contends that subsequent to his accepting the HPSP recruiters’ assertion, he was informed that he would not be credited with active duty service during his attendance at medical school.  The applicant adds that he is aware of 14 Air Force Academy graduates and 14 United States Military Academy (USMA) graduates who have been given service credit for the time they spent in medical school.  He believes he should be given the same benefit.

In support of his request, he submits a memorandum from the Assistant Professor of Military Science (APMS) from the university he attended.  The former APMS states that he was present when the HPSP recruiter talked to the applicant and distinctly remembers the recruiter telling the applicant that he would be credited with 4 years of service upon his graduation from medical school.

EVIDENCE OF RECORD:  The applicant's military records show that he was commissioned as a second lieutenant, USAR, on 25 May 1983, based on his being a Distinguished Military Graduate from Reserve Officers Training Corps.  He entered medical school at George Washington University as part of the HPSP on 15 August 1983 and graduated from medical school on 29 May 1987.  He is currently a lieutenant colonel on active duty with a PEBD of 11 March 1987.

The Department of the Army Armed Forces HPSP Agreement signed by the applicant on 4 April 1983 states in paragraph 16 that service performed in this program will not be counted in computing years of service creditable for pay.  

US Army Reserve Personnel Center Letter appointing the applicant as a captain, Medical Corps, dated 27 February 1987, provides in paragraph 4 that if credited with “years of service in an active status” the number of years, months and days is shown above.  This service is not valid for pay entry basic date for medical and dental corps personnel.

In the processing of this case an advisory opinion was obtained from the office of The Surgeon General (OTSG).  In that opinion the OTSG stated that prior cases involving both HPSP recipients and officers who attended the Uniformed Services University of Health Sciences (USUHS), the Board granted relief by correcting the officers’ records to show that they were given service credit for the time they attended medical school.  The OTSG cites Section 502 of the Defense Officer Personnel Management Authorization Act (DOPMA) which repealed Title 37, §205(a)(7) and (8), the provisions of law which authorized four years credit to medical and dental corps officers for basic and retired pay computation.  The OTSG recommends approval of the applicant’s request based on those precedent cases.

In a similar case, this Board granted an applicant’s request for constructive service credit for basic pay purposes while attending the Uniformed Services University of Health Services (USUHS) at Bethesda, Maryland, from 15 August 1983 to 16 May 1987 because of misinformation he received concerning service credit.  The Air Force Board for Correction of Military Records had previously granted relief to some 14 former US Air Force Academy cadets who were similarly situated.

Section 502 of the Defense Officer Personnel Management Authorization Act (DOPMA) effective 15 September 1981 repealed Title 37, §205(a)(7) and (8), the provisions of law, which authorized four years credit to medical and dental corps officers for basic and retired pay computation.  Prior to the passage of DOPMA medical and dental corps officers were given four years service credit towards the computation of their pay (the officers would enter active duty with no prior service with their pay computed as if they had served over 4 years of service).  Subsequent to the passage of DOPMA medical and dental corps officers were only given constructive service credit for medical or dental school (these officers are normally commissioned in the rank of captain based on the constructive service credit for their professional schools).

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, it is concluded.

1.  The evidence of record in this case shows that the applicant’s appointment orders and the HPSP Agreement informed him that service performed while he was in the program would not be counted for PEBD purposes.

2.  Notwithstanding his contention that he accepted the HPSP scholarship and after enrolling in the program was informed that the rules had been changed regarded active duty service credit for medical school, and despite his reliance on the assertions of the HPSP recruiter that such credit would be extended to him, the documents he signed specify that such service would not be counted toward his BPED.  It is indeed unfortunate that he was misinformed about the service credit aspect of the HPSP program.

3.  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

___jh   __  ___kah___  ____le__  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
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.		
2.		
3.		
4.		
5.		
6.