PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 September 2001
	DOCKET NUMBER:   AR2001053824

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that she receive 14 months and 10 days of constructive credit for prior commissioned service and that her second lieutenant (2LT), first lieutenant (1LT) and captain (CPT) dates of rank (DOR) be adjusted accordingly.  

3.  The applicant states, in effect, that upon her 29 May 1998 appointment as a 2LT in the Army Medical Service Corps (AMSC) of the Army Medical Department (AMEDD) of the United States Army Reserve (USAR), she was erroneously awarded only ¼ constructive credit of 7 months and 5 days.  She claims that based on her prior active duty commissioned officer service she should have instead received ½ constructive credit of 1 year, 2 months, and 10 days based on her prior extended active duty commissioned service of 2 years, 4 months, and 19 days.  She further contends that as a result of this constructive credit correction her DOR to 2LT, 1LT, and CPT should be adjusted accordingly. 

4.  The applicant’s military records show that she served on active duty in an enlisted status for 6 years, 4 months, and 4 days, from 21 April 1981 to 
24 August 1987.  At which time she was honorably separated, in the rank of staff sergeant (SSG), for the purpose of entering an officer commissioning training program.  

5.  On 5 May 1989, she was commissioned a 2LT in the USAR and concurrently entered active duty in that status.  She was promoted to 1LT on 24 May 1991, and continuously served on active duty in a commissioned officer status for 
2 years, 4 months, and 19 days until being honorably separated on 28 October 1991.

6.  On 29 October 1991, the applicant immediately reentered active duty in an enlisted status and continuously served in that status for 6 years and 7 months, until 28 May 1998, when she was honorably separated, in the rank of sergeant first class (SFC), in order to accept a commission. 

7.  On 29 May 1998, the applicant was appointed a 2LT in the AMSC of the USAR and concurrently entered active duty in that status.  This authority for this appointment was contained in a memorandum, dated 16 April 1998, that was issued by the Army Personnel Command (PERSCOM).  This PERSCOM memorandum also confirmed that on the date of her appointment she was awarded 7 months and 5 days of constructive service credit based on her prior active duty commissioned service.

8.  On 24 April 1999, the applicant was promoted to 1LT with a corresponding DOR and she was selected for promotion to CPT by the Fiscal Year 2001 (FY01) Captain, Army Medical Department (AMEDD) promotion selection board and recently promoted to CPT.

9.  In connection with the processing of this case, an advisory opinion was requested of and received from PERSCOM, dated 22 August 2001.  In this opinion, the applicant’s Assignments Officer indicated that the applicable Army regulation provides for awarding ½ constructive credit to AMEDD officers with prior active commissioned service in a specialty other than which they are being appointed and ¼ credit is applicable only to those with active commissioned service who were not on extended active duty.  

10.  This PERSCOM official further opined that based on this regulatory policy, upon her appointment in the AMSC,  the applicant should have been granted ½ credit of 1 year, 2 months, and 10 days for her prior commissioned service as opposed to the ¼ credit of 7 months and 5 days she actually received.  Thus, it was PERSCOM’s recommendation that the applicant’s request for correction of her military record be approved and the following adjustments to her DOR for the grades indicated:  2LT-19 March 1997; 1LT-19 September 1998; and CPT-1 October 2000.  The applicant was provided a copy of the PERSCOM advisory opinion in order to be provided an opportunity to respond, which she did with her concurrence on 27 August 2001. 

11.  Army Regulation 135-101 prescribes the policy, procedure, and criteria for USAR appointments of members in the AMEDD.  Table 3-2 provides guidance on the computation of prior active commissioned service credit and stipulates that members being appointed in the AMSC will receive ½ credit for extended active commissioned service in a specialty other than that in which they are being appointed. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that her 2LT, 1LT, and CPT DOR should be adjusted based on her not being credited with the full constructive credit to which she was entitled upon her appointment in the AMSC and it finds this claim has merit. 

2.  By regulation, members appointed in the AMSC are entitled to receive 
½ credit for extended active commissioned service in a specialty other than that in which they are being appointed.  The evidence of record confirms that the applicant had 2 years, 4 months, and 19 days of prior extended active duty commissioned officer service at the time she was appointed in the AMSC but only received ¼ credit of 7 months and 5 days at that time.  

3.  In the opinion of the Board, it is clear the applicant should have received 
½ credit for her prior active duty commissioned service.  Therefore, it finds it would serve the interest of equity and justice to correct her record to show she received 1 year, 2 months, and 10 days of constructive credit upon her 29 May 1998 appointment in the AMSC and to adjust her DOR to 2LT, 1LT, and CPT accordingly.  

4.  The Board concurs with the findings and recommendations provided in the PERSCOM advisory opinion and it concludes that the applicant’s record should be further corrected to show her DOR to the grades indicated as follows:  
2LT-19 March 1997; 1LT-19 September 1998; and CPT-1 October 2000.  In addition, the Board concludes it would be appropriate to provide her all back pay and allowances due as a result of these DOR adjustments. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned received 1 year, 2 months, and 10 days of constructive credit upon her 29 May 1998 appointment in the AMSC; by correcting her DOR to the grades indicated as follows: 2LT-19 March 1997; 
1LT-19 September 1998; and CPT-1 October 2000; and by providing her all back pay and allowances due as a result to these DOR adjustments.

BOARD VOTE:  

__JHL___  __MHM__  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2001053824	
SUFFIX		
RECON		
DATE BOARDED	2001/09/18	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A 	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  22	102.0800	
2.		
3.		
4.		
5.		
6.