IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100024128 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests constructive credit for her prior commissioned service.

2.  The applicant states:

* she was not given constructive credit for 2 months of active time following her graduation from West Point when she accessed as a Medical Corps officer
* she was given an honorable discharge on 30 July 1992 and her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows credit for 60 days of active service as a second lieutenant
* she was then placed in the Individual Ready Reserve (IRR) for the next 4 years
* when she was commissioned on active duty as a captain in 1996, she was not given constructive credit for this time
* when she accessed as a Medical Corps officer in 1996, she should have received one-half credit for her previous commissioned officer service
* her correct permanent date of rank (DOR) should be 1 month earlier (May instead of June)

3.  The applicant provides:

* active duty discharge orders
* active duty orders
* DD Form 214
* captain, major, and lieutenant colonel promotion orders
* IRR memorandum
* oath of office

CONSIDERATION OF EVIDENCE:

1.  After graduating from the U.S. Military Academy, West Point, NY, the applicant was appointed as a second lieutenant in the Regular Army on 31 May 1992 and ordered to active duty.  On 30 July 1992, she was honorably discharged for participation in the U.S. Army Health Professions Scholarship Program (HPSP).  She graduated from medical school in May 1996.

2.  She was given an active date of rank to captain of 8 June 1996.  She was ordered to active duty on 14 June 1996.

3.  The applicant's DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers)) used for calculation of her constructive credit is not available.

4.  She was promoted to lieutenant colonel on 8 June 2008.

5.  In the processing of this case, a staff advisory opinion was obtained from the Program Manager, Graduate Medical Education, Office of the Surgeon General.  The opinion states the applicant should receive 1 month of credit for prior service not in the Medical Corps as directed by Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.2.  The opinion points out she was on active duty for 2 months prior to beginning the HPSP and medical school.

6.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  She did not respond within the given time frame.

7.  Paragraph 6.1.1.2 of DODI 6000.13, dated 30 June 1997, states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows she served on active duty for 2 months prior to entering the HPSP.

2.  Per the advisory opinion recommendation, she was not awarded constructive credit for her prior commissioned service from 31 May 1992 to 30 July 1992 (a total of 2 months).  Therefore, her military records should be corrected to show she received a total of 1 month of constructive credit for her prior active commissioned service.

3.  Based on the above correction, officials at the U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky, should review her records to determine if her DOR should be adjusted accordingly.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  amending her military records to show she received a total of 1 month of constructive credit for her prior active commissioned service and

	b.  after the above correction is made, HRC officials should review her records and adjust her DOR, if appropriate.



      __________X____________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024128



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ABCMR Record of Proceedings (cont)                                         AR20100024128



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