MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 DECEMBER 2001                   
	DOCKET NUMBER:   AR2001060903

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		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:  Counsel requests on behalf of the applicant, reconsideration of her request for 4 years’ constructive service credit for longevity pay purposes for her attendance at the USUHS (Uniformed Services University of Health Sciences), Class of 1987, from August 1983 to May 1987. 

COUNSEL CONTENDS:  That the Board that determined her case on               31 May 2001 was misinformed, in that the applicant did specifically use the information printed in the USUHS catalog concerning constructive service credit in making her career decision to attend USUHS.  He stated that the applicant had been accepted for admission at Dartmouth Medical School, and was in ROTC at the University of Vermont.  He stated that the applicant increased her military commitment after choosing to attend USUHS instead of Dartmouth.  He stated that at her briefing at USUHS on 27 January 1983, she did not receive any information concerning constructive service credit, which contradicted the information printed in the USUHS catalog and upon which she based her decision to attend USUHS over Dartmouth.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of her case on 31 May 2001 (AR2000049079).              

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.  Exactly what prompted the applicant to choose to attend USUHS over Dartmouth cannot be determined. The evidence exists that the Director of Admissions/Registrar of the Medical School provided the correct information concerning the effects of DOPMA on constructive service credit to prospective students in a briefing that she attended on 27 January 1983.  Despite counsel’s argument to the contrary, there is no evidence that the applicant relied on misinformation about the effects of DOPMA on constructive service credit to make her decision to attend USUHS. 

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.  Counsel has submitted neither probative evidence nor a convincing argument in support of the request for reconsideration.
 
3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  Counsel has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__SAC  _  __MDM__  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060903	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011213	
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.	113.00	
2.	229	
3.		
4.		
5.		
6.