PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 June 2000
	DOCKET NUMBER:   AR1999029547

	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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 his date of rank (DOR) to captain be adjusted.  

3.  The applicant states, in effect, that he was a 1st lieutenant (1LT) in the Medical Service Corps from 26 April 1988 until 8 August 1990 and was on the list for promotion to captain.  He was accepted into the Health Professional Scholarship Program (HPSP) in August 1990 and was released from active duty (REFRAD) to accept this scholarship.  At that time he was placed in the USAR as a 2nd lieutenant (2LT) while he attended medical school.  He graduated in May 1994 and returned to active duty in the rank of captain (CPT) on 17 June 1994, which is the date that was also established as his DOR to CPT.  He was granted 
6 years of constructive credit for pay based on his prior enlisted and commissioned service.  However, none of his commissioned time was used to calculate his DOR.  Some of his colleagues in similar situations received credit for their prior commissioned service and had their DOR adjusted accordingly.  He indicates, given his prior commissioned service that his DOR to CPT should be established in May or June of 1993, which would have resulted in his promotion to major (MAJ) in May 1999 as opposed to June 2000 as is currently projected. 

4.  The applicant’s military records show that on 17 June 1994 he was appointed a CPT in the medical corps (MC) of the USAR and that he concurrently entered active duty.  At this time he had already completed 6 years, 3 months, and 
13 days of prior active service and 2 years, 1 month, and 14 days of inactive service.  

5.  Army Regulation 135-101 prescribes policy, procedure, and eligibility criteria for appointment of Army medical department (AMEDD) personnel in the Reserve components of the Army.  Chapter 3 (Grade Determination) provides the criteria for granting entry grade credit for Reserve appointment grade determinations.  Table 3-2 contains a by grade list with the appropriate entry grade credit required for appointment in the listed grade.  It indicates that a member’s appointed grade would be CPT if they had at least 7 but less than 14 years of service credit.

6.  Paragraph 3-3 of the regulation states, in pertinent part, that criteria used for determining the grade of USAR officers ordered to active duty in an AMEDD Corps will be updated at least annually and published in a circular for the appropriate Corps.  Paragraph 3-2b states, in pertinent part, that authorized credit in excess of the minimum required for appointment to the appropriate grade, as outlined in Table 3-2, will be used to adjust the DOR within that grade.

7.  On 4 February 2000, an advisory opinion was requested from the Office of the Surgeon General (OTSG) by the staff of this Board.  On 28 February 2000, the OTSG provided a favorable opinion, in which it was recommended that the applicant be given 1 year, 1 month, and 16 days of constructive credit based on his prior active duty service.  

8.  On 24 April 1999, the OTSG advisory opinion was forwarded to the applicant by the staff of this Board as required by law.  He was given the opportunity to respond to the opinion by providing rebuttal comments if he wished.  In addition, because the advisory opinion was favorable, he was also given the opportunity to simply concur with the OTSG opinion and recommended DOR adjustment, which he did on 26 April 2000.

CONCLUSIONS:

1.  The Board determined, based on the advisory opinion of the OTSG and the applicant’s concurrence, that it would be appropriate to grant the applicant 
1 year, 1 month, and 16 days of constructive credit and to adjust his DOR to 
CPT accordingly.

2.  The Board concluded that if, by virtue of the DOR correction outlined in the preceding paragraph, the applicant was excluded from promotion consideration by a properly constituted MAJ Medical Corps (MC) Promotion Board, he should receive promotion consideration to the rank of MAJ by a standby advisory board (STAB) at this time.  In addition, the STAB should apply the criteria used by the boards which failed to consider the applicant as a result of his adjusted DOR.

3.  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 the individual concerned be corrected by showing that his DOR to CPT is 1 May 1993, based on his receipt of 1 year, 1 month, and 16 days of constructive credit. 

2.  That the individual concerned be considered for promotion to MAJ by a STAB, under the criteria used by any of the selection boards for which he was eligible for but not considered for promotion to MAJ, and if selected that he be provided all due back pay and allowances.

BOARD VOTE:  

__ls_____  ___ao___  ___ra ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029547	
SUFFIX		
RECON		
DATE BOARDED	2000/06/22	
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. 224	112.0200	
2.		
3.		
4.		
5.		
6.