MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002069726

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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:  In effect, that he receive an adjustment to his constructive credit.  

APPLICANT STATES:  In effect, that another member of his unit who joined two months after he did received more constructive credit.  He claims that he submits this application in order to receive his promotion to captain/0-3 (CPT/0-3).  Teaching dental hygiene students for the past two years should give him the constructive credit he needs to allow his promotion to CPT/0-3.  The continuing education he has completed coupled with his officer evaluation report (OER) should confirm his qualifications.  He is not lazy and strives to strengthen and improve himself everyday.  He is a hard worker that is employed by Weber State University, the United States Army, and he has his own private practice.  He claims that he is still uncertain why he was not awarded this credit when he took his oath.  He encloses a letter verifying his employment from the chair of the dental hygiene department at Weber State University.  He states that he is currently the supervising dentist of the hygiene program and have worked there for nearly two years.  Beginning in January 2002, Midtown Community Health Center, hired him to open a dental clinic in the dental hygiene department.  Building this clinic from the ground up, he is now the supervising dentist for the dental hygiene department and the chief dentist for the community health center.  This information is enclosed because his Army recruiter said it would help grant him additional credit.  He also claims that he had 40 plus hours of continuing education in the two years he was out of school.  He is certified in Ivisalign (clear braces), and is one of the only general dentists in the State that can offer this cutting edge technology to his patients.  He also encloses a copy of his officer evaluation report in support of his application.  

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

On 27 July 2000, he was appointed a first lieutenant (1LT) in the Dental branch , Army Medical Department (AMEDD), United States Army Reserve (USAR).  He is currently serving as a general dental officer in the 96th Reserve Support Command (RSC), Salt Lake City, Utah.  

In connection with the processing of this case, an advisory opinion was requested of and received from the Director, Health Services Personnel Management, Army Reserve Personnel Command (ARPERSCOM), dated 2 April 2002, which indicated that no further constructive credit is warranted in the applicant’s case.  It also indicated that the adjusted date of rank (DOR) of 
27 July 1998, and promotion eligibility date (PED) of 6 July 2003, currently posted in the applicant’s record were correct.  

Enclosed with the opinion was a  Record of Award of Entry Grade Credit (Medical and Dental Officers) (DA Form 5074-R), dated 17 July 2000, which contained the breakdown of the applicant’s constructive credit.  It confirmed that he was granted 4 years of constructive credit for his basic qualifying degree.  Based on this, he was appointed 1LT and given 2 years and 20 days of DOR.  No other constructive credit was granted through this process.    

The opinion further stipulated that based on his recorded DOR and PED, the applicant was scheduled to go before the CPT/0-3 promotion board in January 2003.  It further indicated that the DoD Memorandum, subject:  Authority for Service to grant entry grade of 0-3 for RC dentists, dated 19 January 2001, did not apply to the applicant since he had entered the service six months prior to the effective date of this policy.  

On 10 May 2002, the applicant was provided a copy of the ARPERSCOM advisory opinion in order to be provided the opportunity to reply.  To date, he has failed to respond.  

Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD).  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the grade and date of rank upon appointment will be determined by the law and regulations in effect on the date of the appointment.  

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.  The Board notes the applicant’s contention that he should be granted additional constructive credit because an individual who entered after he did received this credit.  However, it finds insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant was granted 4 years of constructive credit for his basic qualifying degree and that he was appointed a 1LT and given 2 years and 20 days of DOR credit accordingly based on the regulatory guidance in effect at the time of his appointment.  In addition, ARPERSCOM officials confirm that his record reflects the appropriate DOR and PED.  

3.  Lacking independent evidence to the contrary, the Board presumes government regularity in the preparation of the DA Form 5074-R and the constructive credit awarded the applicant upon his appointment.  Further, it finds no evidence that confirms the applicant’s entitlement to additional constructive credit not awarded by this document.  Therefore, the Board concludes there is no evidentiary basis for granting the requested relief. 

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

__MKP__  __CJP __  _  _HBO __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069726	
SUFFIX		
RECON		
DATE BOARDED	2002/08/29	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700	
2.		
3.		
4.		
5.		
6.