PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  10 June 2003
	DOCKET NUMBER:  AR2003084772

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Shirley Powell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded additional constructive credit.

3.  The applicant states that he had prior active commissioned service.  After he separated, he completed a 2-year Master of Science degree.  He then attended medical school and re-entered active duty on 7 June 1998 as a captain with a date of rank of 4 November 1996.  

4.  The applicant’s military records show that, after having had prior enlisted service, he was commissioned a Chemical Corps second lieutenant in the U. S. Army Reserve.  He served on active duty from 26 May 1988 through 30 July 1991 when he was released from active duty.

5.  The applicant completed his Master of Science degree in biology on             13 August 1993.  He completed medical school in 1998.  He was appointed a Medical Corps captain in the U. S. Army Reserve on 7 June 1998, re-entered active duty that date, and was awarded 5 years, 7 months, and 3 days of service for active duty grade determination.  

6.  Effective 4 November 2002, the applicant was promoted to major.

7.  In the processing of this case, an advisory opinion was obtained from the      Office of the Surgeon General (OTSG).  OTSG opined that the applicant's orders bringing him on active duty did not reflect his Master of Science degree earned prior to his medical school.  OTSG recommended the applicant be awarded        2 years additional constructive credit (for a total of 7 years, 7 months, and 3 days initial entry credit).

8.  A copy of the advisory opinion was provided to the applicant.  The applicant did not respond within the given time frame.

9.  On 5 June 2003, the Medical Corps assignment section, U. S. Total Army Personnel Command, informed the Board analyst that a correction to award the applicant additional constructive credit would necessitate an administrative correction to his date of rank to major.

10.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), effective 15 March 1984, provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent part, it states that the grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.  Four years of constructive credit is awarded for the basic medical degree.  One-half year credit for each year of extended active commissioned service in other than the specialty in which being appointed is awarded.  Additional credit may be awarded based on special education.  The determination will be made by OTSG or his designee.

CONCLUSIONS:

1.  The Board notes that the regulation allows for additional constructive credit based on special education as determined by OTSG.  In this case, OTSG recommended the applicant be awarded an additional 2 years of constructive credit based upon his Master of Science degree.  This correction would also necessitate an administrative correction to the applicant's date of rank to major.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant entered active duty on 7 June 1998 as a captain with 7 years, 7 months, and 3 days of constructive credit.

2.  That, after the above correction is made, the applicant's date of rank to major be adjusted accordingly.

BOARD VOTE:  

__sc___  ___jm___  ___sp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084772	
SUFFIX		
RECON		
DATE BOARDED	20030610	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.