MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 September 2001                  
	DOCKET NUMBER:    AR2001058593

	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:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Thomas E. O'Shaughnessy		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 Basic Active Service Date (BASD) and Date of Rank (DOR) be adjusted to give him credit for the time he served in the Army Reserve, both as an enlisted soldier and as an officer.

APPLICANT STATES:  He was not given the service credit he was entitled to receive.

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

He enlisted in the USAR on 18 December 1985, enrolled in the Reserve Officers Training Corps with Simultaneous Membership in his Army Reserve Troop Program Unit on 23 January 1988, and was commissioned as a reserve officer on 12 May 1989.

He entered into the Health Professionals Scholarship Program (HPSP) on 29 August 1994.  He was commissioned as a captain, Medical Corps. on 15 June 1998 based on 4 years of constructive service for his medical school.

On 15 June 1998 he entered on active duty for 5 years.

He submitted his application to the Board on 27 April 2001.

Army Regulation 601-210, chapter 2, provides the guidance for enlistment grades.  Table 2-3. Rule E, provides for enlistment at higher pay grades upon verification of completion of a prerequisite number of college credit hours.  Paragraph 2-4 states that applicants who lack documents at the time of enlistment may present such documents at any time up to 12 months from date of entry into the Regular Army or Army Reserve.  Upon verification of the authenticity of those documents, the (then) enlisted soldier will be advanced to the pay grade for which he or she would have been eligible.  However, the effective date of the advancement is the date of the order affecting the advancement.

Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Constructive credit for professional experience and advanced (not basic qualifying) degrees is awarded on a basis of 1/2 year credit per year of 

experience with a total of 6 years credit possible in unusual cases.  The maximum entry grade credit for Medical Corps and Dental Corps Officers is normally 14 years.  A basic principle provides that no period of time may be counted more that once.  Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.
Department of Defense Pay and Allowances Entitlement Manual (DODPM), paragraph 10102, states that constructive service for pay purposes for medical and dental offices based upon professional training and internship was not normally authorized after 14 September 1981.  

In the processing of this case a telephonic advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that the applicant was not given credit for his prior reserve service because he did not have in his possession official proof of his prior service.  The documents he now submits would have warranted 2 years, 8 months and 5 days of addition service credit.  The OTSG recommends that the applicant’s request be approved.  The applicant was provided a copy of the transcript of this telephonic advisory opinion and concurred with the OTSG’s opinion.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was given the proper service credit for the service and education he verified at the time of his commission in the MC.  

2.  While the applicant has now submitted the documentation to verify his prior service, he has done so almost 3 years after his commission in the MC, and he has not provided the Board with any reason for the delay in his submission.

3.  Without a valid reason for the delay in submission, it is the opinion of the Board that it would be inappropriate to grant an officer more time than an enlisted soldier to provide documents to validate entitlement to addition service credit or pay grade.

4.  In addition, it appears that the applicant believes that the award of constructive service credit will affect his BASD.  It will not since constructive service only establishes the pay grade in which an officer is commissioned.

5.  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

_rvo_____  ___teo __  ____ena_  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010927	
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.