RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 February 2004     
	DOCKET NUMBER:   AR003091237

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Robert J. Osborn		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he be awarded constructive service credit based on his prior commissioned officer service and that his date of rank be adjusted accordingly.  

2.  The applicant states, in effect, that he was an active duty commissioned officer for 5 years and 7 months prior to attending medical school.  He claims that he has been advised by other military physician’s that he should receive constructive service credit for this prior service.  He indicates that he reentered active service in June 2000.  

3.  In support of his application, the applicant provides a copy of his 11 August 1996 separation document (DD Form 214), his 18 May 2000 Oath of Office, and his active duty orders, dated 27 March 2000. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s record shows that he served on active duty as a commissioned officer for 5 years, 7 months, and 5 days, from 7 January 
1991 through 11 August 1996.  The DD Form 214 he was issued for this period of active duty service confirms that he was separated in order to enter the Health Professionals Scholarship Program (HPSP).  It also shows that as of the date of his separation, he held the rank of captain (CPT).

2.  Subsequent to completing his medical degree, on 18 May 2000, the applicant was appointed a CPT in the Army Medical Corps (MC).  Orders Number 
A-03-003337, dated 27 March 2000, issued by the United States Total Army Personnel Command (PERSCOM), ordered the applicant to active duty on 19 June 2000, as an obligated volunteer officer for five years.  The additional instructions contained on these orders indicated that the applicant had been awarded four years of constructive credit for active duty for active duty grade determination purposes for his medical degree.  

3.  On 12 October 2000, the Date of Rank Section, PERSCOM determine that the applicant’s 19 June 2000 CPT date of rank as announced was valid based on the constructive credit awarded by the Office of the Surgeon General (OTSG).  The PERSCOM grade determination further stated that the constructive credit established by the OTSG was used to determine the officer’s entry grade.  If further indicated that any excess constructive credit beyond that required for the entry grade would adjust the officer’s date of rank.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the OTSG HPSP Program Manager.  This OTSG official indicated that a review of the application with attached documents was completed and this review confirmed that the applicant had completed 5 years, 7 months, and 5 days of prior active duty commissioned officer service.  It further indicated that the constructive credit policy provided for granting 1/2 day of credit for every day served.  As a result, this OTSG official recommended that the applicant be granted 3 years, 1 month, and 3 days of constructive credit for his prior service time.  

5.  On 12 January 2004, the applicant was provided a copy of the OTSG advisory opinion and was given 10 days to provide his response.  However, to date, he has failed to reply.  

6.  Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6 provides guidance on awarding entry grade credit.  It states, in pertinent part, that credit for service on active duty as a commissioned officer not in the specialty for which being appointed will be awarded 1/2 day for each day served.  

7.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the six branches of the Army Medical Department (AMEDD), and it states, in pertinent part, that the minimum service credit for appointment to CPT in the MC is 4 years.  Paragraph 3-3 contains guidance on determining the entry grade for officers ordered to active duty.  It states, in pertinent part, that authorized credit beyond the minimum necessary for appointment to the appropriate grade will be used to adjust the date of rank (DOR) within that grade. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should receive constructed entry grade credit for his prior commissioned officer service was carefully considered and it was found to have merit.  

2.  The existing policy provides for awarding 1/2 day of constructive credit for each day of prior commissioned officer service performed in a specialty other than the one in which an officer is being appointed.  Thus, the applicant should be awarded additional constructive credit using this formula based on his completion of 5 years, 7 months, and 5 days of prior commissioned officer service. 

3.  Although the OTSG recommendation is to award the applicant 3 years, 
1 month, and 3 days of constructive credit based on his prior commissioned service, based on the 1/2 day credit formula, it would be appropriate only to correct the applicant’s record to show he was awarded 2 years and 10 months of entry grade constructive service based on his prior commissioned officer service. Thus, his entry grade of CPT date of rank should be adjusted to 19 August 1997. It would also be appropriate to provide the applicant any back pay and allowances due as a result of this correction.  

BOARD VOTE:

__RJO__  __LE___  __JHL___    GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded an additional 2 years and 10 months of entry grade constructive credit; by adjusting his captain date of rank to 19 August 1997; and by providing him any back pay and allowances due as a result.  

		Joann H. Langston
		 CHAIRPERSON

INDEX

CASE ID	AR2003091237	
SUFFIX		
RECON		
DATE BOARDED	2004/02/12	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700	
2.		
3.		
4.		
5.		
6.