MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 March 2003
	DOCKET NUMBER:   AR2002072558

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 Pay Entry Basic Date (PEBD) be changed from 19 May 1990 to 24 May 1986.  In effect, he requests constructive service credit for longevity pay purposes for his attendance at the Uniformed Services University of Health Sciences (USUHS) for the same period.

APPLICANT STATES:  That he was commissioned through the Reserve Officer Training Corps (ROTC) and entered the USUHS, Class of 1990.  He adds that his USUHS contract is silent on the matter of constructive service credit for longevity pay purposes.  In support, he provides his USUHS contract, dated 8 June 1986; his Oath of Office; his initial orders directing him to attend the USUHS; his ROTC contract; a Statement of Service (DA Form 1506); and a letter from Defense Finance and Accounting Service, dated 9 April 2002.

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

He is a Regular Army (RA) Major serving on active duty in the Army Medical Corps.  He was a member of the USUHS Class of 1990, graduating with a Doctor of Medicine degree in May 1990.  He attended the USUHS from 24 May 1986 to 18 May 1990.

The applicant graduated from USUHS and was commissioned as a RA Captain, Medical Corps, on 19 May 1990.  This date also served as his PEBD.

In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) which states that the applicant is not entitled to constructive service credit for longevity pay purposes as a matter of law and regulation.  The advisory opinion recommends that the applicant's request be denied.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

The DOD Financial Management Regulation stipulates the policy, regulation, and procedures within the area of responsibility of the Under Secretary of Defense.  The Regulation is applicable to all DoD Components and consists of 15 volumes, including Volume 7A:  This regulation provides statutory provisions for entitlements, deductions, and collections, and establishes Department of Defense policy on the pay and allowances of military personnel.  It is issued by the Under Secretary of Defense (Comptroller) in coordination with the Director, Defense Finance and Accounting Service.  It is issued for the information, guidance, and compliance of all personnel in the administration of military pay and is the sole entitlement implementation by the Military Services.  It states, in pertinent part, that "[T]he time a member serves . . . while a student at the Uniformed Services University of Health Sciences" is not creditable to compute a basic pay date.

The Bulletin of The F. Edward Hebert School of Medicine, Uniformed Services University of Health Sciences states:  "Longevity Credit -- The 4 years spent in medical school do not count for pay purposes upon graduation."

The Defense Officer Personnel Management Act (DOPMA) of 1980 became effective on 15 September 1981.  In pertinent part, it removed the awarding of constructive service credit for longevity pay purposes to graduates of USUHS.  However, the USUHS did not immediately change written material or student briefings to reflect the DOPMA-mandated changes.  This resulted in confusion for USUHS students through the Class of 1987 (matriculating in 1983).  The  Bulletin of The School of Medicine, Uniformed Services University of the Health Sciences 1983-1984, printed in December 1982, was the last student catalog to provide the pre-DOPMA information concerning constructive service credit.

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.  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.

2.  The applicant's service agreement (USUHS contract) does not specifically mention the issue of constructive service credit, either to provide for it or to deny it.  However, it does state:  "[A]ll financial inducements and benefits . . . and other benefits are either statutory or regulatory and are subject to change at any time without notice. . . ."

3.  By law and pertinent regulations, time spent at the USUHS does not count for longevity pay purposes.  These provisions were in effect since September 1981 and the applicant knew, or should have known this when he enrolled in the USUHS.

4.  The DFAS advisory opinion states that "The time a member serves . . . while a student at the Uniformed Services University of Health Sciences" is not listed as creditable service to compute basic pay.

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

__jns___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072558	
SUFFIX		
RECON		
DATE BOARDED	20030325	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.		
3.		
4.		
5.		
6.