MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 March 2001                   
	DOCKET NUMBER:   AR2000049054

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 records be corrected to show he retired with 29 years, 10 months, and 14 days of service for pay.

APPLICANT STATES:  That at his retirement he was given 5 years credit for medical school training.  Medical school was totally his expense.  Based on the Army regulations at the time of his retirement, as a physician he was entitled to this 5 years retirement credit.  He was paid for this service when he was retired in the rank of Chief Warrant Officer Two (CW2); he does not understand why he is not entitled to it as a Major (MAJ).

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

He had enlisted service from 18 May 1964 to 13 January 1981 and active duty warrant officer service from 14 January 1981 to 31 July 1984.  He retired on         1 August 1984 after completing 20 years and 9 days of creditable active service in the rank of CW2.

The applicant attended medical school and reentered active duty as a commissioned officer in the Medical Corps on 26 September 1989.  He was promoted to MAJ on 1 October 1991, was released from active duty on 31 July 1994, and placed  back on the retired list on 1 August 1994 as a CW2.  When his Officer Service Computation for Retirement, DA Form 7301-R, was completed, he was erroneously credited with 5 years constructive service credit for basic pay and a total of 29 years, 10 months and 17 days of service for percentage purposes.  The Finance and Accounting Office in Indianapolis, IN apparently computed his retired pay based on this information.

In 1999, the applicant applied to the Board to have his records corrected to show he retired in the rank of MAJ.  On 24 November 1999, the Board approved his request.

When the Defense Finance and Accounting Service received the directive to correct his records to show he retired in the rank of MAJ, they recomputed his creditable service for pay and subtracted the 5 years constructive service for basic pay credit he was erroneously given in 1994.

Army Regulation 135-101 prescribes policy and eligibility criteria for appointment in the Reserve components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department.  Chapter 3 concerns grade determination for appointment in the Medical Corps or Dental Corps.  It states 

that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.  Table 3-1 states that 4 years constructive service credit is granted to Medical Corps officers for their basic qualifying degree plus 1 year constructive service credit for successful completion of internship or an approved first-year graduate medical education.

The Department of the Defense Financial Management Regulation states that some medical and dental officers are entitled to extra credit for longevity purposes to reflect the time spent in medical or dental school.  Medical and dental officers must meet one or more of the following criteria to be entitled to the constructive credit:  1.  On or before 15 September 1981, the officer already had the constructive service credit; 2.  On 14 September 1981, the individual was enrolled in either the Armed Forces Health Professions Scholarship Program or the Uniformed Services University of Health Sciences, completes such program, and is appointed as a medical or dental officer; or 3.  On 14 September 1981, the individual was participating in a program which credits years of service and leads to an appointment as an officer in the Army, Navy, Air Force, or Marine Corps.

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.  There was a Government error in this case but it was made when the applicant retired in 1994 and he was erroneously credited with 5 years of constructive service for pay purposes.  

3.  When the applicant entered active duty after completion of medical school he was properly given 5 years of constructive credit but it was for grade determination purposes only.  Effective 15 September 1981, constructive credit for longevity purposes was no longer authorized.  The applicant did not enter medical school until 1984.

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

__slp___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049054	
SUFFIX		
RECON		
DATE BOARDED	20010322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.