MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            20 September 2002 
	DOCKET NUMBER:   AR2002069197

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston  		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 her records be corrected to show receipt of constructive service credit for a Master of Science (MS) degree received in 1977.

APPLICANT STATES: That this degree is an advanced degree which enhanced her ability to function as a physician, manager, and team leader.  It contributed to her abilities to function in all of her duty positions.  She contends eligibility for      2 years constructive service credit.

In support of her claim, she provides a copy of a Statement of Service, her Officer Record Brief (ORB), dated 23 October 2001, a transcript from the University of Washington showing an MS (Rehabilitation Medicine) and corresponding diploma, dated 6 November 1977, a copy of a letter to the Office of the Surgeon General requesting 2 years constructive service credit, dated     30 October 2001, with a second request dated 5 February 2002 and a copy of a postal receipt showing delivery on 1 November 2001.

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

During the period 1 June 1965 to 30 December 1969, she completed medical school.

During the period 25 June 1973 to 24 June 1974, she completed her medical internship.

During the period 1 July 1974 to 30 June 1977, she completed her medical residency.

During the period 1974 to June 1977, she completed requirements for an MS degree in rehabilitation medicine.  She was granted the MS degree from the University of Washington on 11 June 1977.  Completion of the MS degree was shown on transcripts from the University of Washington.

On 29 April 1981, she authenticated her DA Form 61 (Application for Appointment), which shows completion of her residency from July 1974 to June 1977, and completion of her MS degree from 1974 to June 1977.

On 23 July 1981, she was appointed as a Reserve Commissioned Officer of the Army under Title 10, USC 591 and 593 and was credited with 12 years and         6 days of constructive service credit in an active status, under Army Regulation 135-101.  She accepted this appointment on 10 August 1981.  The DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers) used for computation of the entry grade credit is not available.

On 30 July 2002, the Chief, Medical Corps Division, Army Recruiting Command (USAREC), Fort Knox, Kentucky opined that her ORB indicated 1977 graduation dates for both her residency and her MS degree, and that she would not have received credit for her MS due to an overlap with her residency.  It was indicated that if she would produce a copy of the original DA Form 5074-R and a copy of her residency certificate, a complete review could be done.

On 30 July 2002, she was provided a copy of the USAREC opinion for her acknowledgement/rebuttal.

On 26 August 2002, she responded to the USAREC opinion by explaining the requirements for qualifying for her MS degree.  She did not provide a copy of the requested DA Form 5074-R explaining that the form was published in 1982, prior to the regulation that was published in 1984, and not in existence prior to that date, and she does not have a copy of it.  She provided a copy of a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), which does not show credit for her MS degree. 

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.  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.

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.

The regulation then in effect indicates that credit may be given for the required education for appointment, and in the computation of constructive service credit and Prior Active Commissioned Service Credit, a period of time will only be counted once.

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 clearly shows the applicant was credited for her residency from 1973 to 1977.  She is not further entitled to additional credit for completion of her MS degree for the same period of time.  The MS degree and her residency requirement were completed during the same period of time, 1974 to 1977, and a period of time may only be counted once for constructive service credit.

2.  The applicant's contentions have been considered; however, based on the forgoing, and the opinion provided in this case, the board is not convinced of error or injustice, or that she is entitled to additional constructive service credit for her MS degree.  She has not shown otherwise.

3.  The Board notes that while her MS degree may normally be considered for constructive service credit, in this case she was given credit for her residency for the same time period and not entitled to further credit.  It is also noted that had the applicant filed for this credit in a timelier manner, her records may have been better researched at the time for specific and conclusive information.  Even though the calculation for the credit is no longer available, it may have specified consideration of the MS degree.

4.  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.

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

_MMD____  _JHL___  _REB___ DENY APPLICATION

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

INDEX

CASE ID	AR2002069197	
SUFFIX		
RECON		
DATE BOARDED	20020919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.090	
2.		
3.		
4.		
5.		
6.