MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 March 2003                   
	DOCKET NUMBER:   AR2002074373

	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. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones, II		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 be granted the appropriate entry grade credit based upon his active duty service as a Warrant Officer, and that his commissioned grade and rank be adjusted accordingly.

APPLICANT STATES:  In effect, that his service records are in error because, in accordance with Army Regulation (AR) 135-101, he should have been granted entry grade credit for his service as a Chief Warrant Officer (CWO) from 7 May 1994 to 1 September 1999.

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

He enlisted in the Regular Army for 4 years on 10 September 1985 and served until honorably separated on 8 September 1989.  After a short break in service, he reenlisted on 28 May 1991.  During this period of service, he attended Warrant Officer Candidate School (WOSC).  Upon successful completion of WOSC, he was honorably separated on 6 May 1992 in order to accept an appointment as a Warrant Officer One (WO1) on 7 May 1992.  He served as a Warrant Officer until 31 August 1999 when he was honorably separated as a CWO2 in order to accept a commission as a Second Lieutenant (2LT/O1).  He entered the Army in an active commissioned status on 1 September 1999.

In the processing of this case, an advisory opinion was obtained from the United States Army Recruiting Command (USAREC) that states that the applicant is not authorized constructive credit for his Warrant Officer service per AR 135-101 and Department of Defense Instruction (DODI) 6000.13.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  It states, in pertinent part, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.  Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree (i.e., M.D., D.O., D.D.S., or D.M.D)

DODI 6000-13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes to carry out medical manpower and personnel programs.  It states, in pertinent part, "[A] prospective health professions officer’s entry grade and rank within grade shall be determined by the number of years of 

entry grade credit awarded on original appointment, designation, or assignment as a health professions officer. The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer)."

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 Warrant Officer service does not qualify for entry grade credit when entering one of the AMEDD branches as a commissioned officer.

3.  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

__wtm___  __lds___  __fcj___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074373	
SUFFIX		
RECON		
DATE BOARDED	20030306	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.0100	
2.		
3.		
4.		
5.		
6.