PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 June 2000
	DOCKET NUMBER:   AR1999031097

	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. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 the constructive credit he was granted by the Office of The Surgeon General (OTSG) be corrected to reflect full credit for his prior service.

3.  The applicant states, in effect, that he believes his date of rank (DOR) is incorrect based on the constructive credit he was awarded after his graduation from medical school.  He does not believe he was given proper credit for the time he served as a Medical Service Corps (MSC) officer in the Army National Guard (ARNG).  In support of his application, he has submitted a chronological list of his periods of service and several other documents pertaining to his prior service, which are enclosed.

4.  The applicant’s military records show that on 13 June 1996, upon his graduation from medical school, he was appointed a Medical Corps (MC) captain (CPT) and concurrently ordered to active duty and assigned to Martin Army Community Hospital, Fort Benning, Georgia.  

5.  At the time he was appointed, his DOR to CPT was established as 
2 October 1994.  This was based on his being awarded a total of 5 years, 
8 months, and 11 days of entry grade credit.  This credit included 4 years, which was awarded as constructive credit based on his education and 1 year, 
8 months, and 11 days, which was granted as prior service credit.  

6. The applicant’s prior service record shows that he served in the Texas ARNG in the MC as a physician assistant, in the rank of WOI and chief warrant officer two (CW2), from 17 March 1989 until 8 July 1990.  He also served as a CW2, physician assistant, in the North Carolina ARNG from 9 July 1990 until 3 April 1992.  

7.  On 4 April 1992, he was appointed a 2nd lieutenant in the Medical Service Corps and he served in both the North Carolina and Iowa ARNG until 18 July 1993.  At this time he transferred to the USAR Control Group after he was accepted into the Health Professional Scholarship Program to attend medical school.  

8.  On 16 May 1996, the OTSG prepared a Department of the Army Form 
5074-4R (Record of Award of Entry Grade Credit-Medical and Dental Officers) pertaining to the applicant.  This form granted the applicant a total of 5 years, 
8 months, and 11 days of constructive credit, of which 1 year, 8 months, and 
11 days was granted based on his prior service between 17 March 1989 and 
20 April 1990.  

9.  During the processing of this case an advisory opinion was received from the OTSG.  They indicated that their office granted the applicant prior service credit based on his having served as a W-2 for 1 year, 1 month, and 4 days and as a 2nd lieutenant for 1 year, 10 months, and 9 days and again for 5 months and 
27 days.  This service totaled 3 years, 4 months, and 20 days and based on the credit distribution guidance of the regulation entitled the applicant to half this time as prior service credit, which was 1 year, 8 months, and 11 days, which is the total granted the applicant by the OTSG.  

10.  On 6 April 2000, the applicant responded to the OTSG advisory opinion and indicated that he did not concur with the credit they outlined.  He further commented that he had not been given credit for all the time he served as a warrant officer.  He also indicated that he had been under the impression that all the time he spent as an Army Medical Department (AMEDD) officer counted as full credit.   

11.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent call to active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 (Grade Determination) provides guidance on the rank and DOR to assign members upon their assignment to an AMEDD branch.  

12.  Table 3-2 (Computation of Prior Active Commissioned Service Credit) contains guidance on awarding prior service credit.  It indicates that active commissioned service, not on extended active duty earns ½ year for each year of service in the MC and ¼ year for each year in the MSC.  Clarification received from the OTSG officer responsible for awarding credit indicates that they have consistently, as a matter of policy, awarded ½ year credit in lieu of the ¼ year credit outlined in the regulation for each year of prior MSC service.

CONCLUSIONS:

1.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concluded that the applicant was in fact entitled to additional prior service credit upon his appointment as a captain in the medical corps (MC) and that his DOR to captain should be adjusted accordingly.  

2.  The Board also found that the service used by the OTSG, as the basis for awarding prior service credit, did not include all the applicant’s prior service.  The record shows that the applicant’s prior service totaled 5 years, 4 months, and 
2 days.  Based on the regulatory guidance for awarded prior service credit and the OTSG policy of awarding ½ credit for all prior service, the applicant should have been awarded 2 years, 8 months, and 1 day of prior service credit upon his appointment as a captain in the MC, as opposed to the 1 year, 8 months, and 
11 days he was actually awarded.  

3.  The Board found no regulatory or policy support for awarding the applicant the full year for year prior service credit he requested and concluded his DOR adjustment should be based on the ½ credit policy used by the OTSG for all applicants to the program.  Therefore, the Board determined that his DOR to captain should be established as 12 October 1993.  

4.  Based on the DOR adjustment granted in the preceding paragraph, the Board determined that the applicant would have been in the zone of consideration for promotion by the Fiscal Year 1999 (FY99) major, medical corps (MC), selection board.  In addition, this DOR adjustment would establish that a material error existed in the applicant’s record when it was reviewed by the FY2000 major, MC selection board.  

5.  Therefore, the Board concluded that the applicant’s corrected records should be considered by a Stand-By Advisory Board (STAB), using the criteria used by the FY99 and the FY2000 major, MC, selection boards.  Further, if he is selected for promotion by the STAB under the criteria of either of these boards he should be provided all due back pay and allowances.

6.  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 that the individual concerned has a DOR to captain of 
12 October 1993.

2.  That the records of the individual concerned be reviewed by a STAB using the criteria used by the FY99 and FY2000 major, MC, promotion selection boards.  In addition, if selected for promotion by the STAB he be provided all due back pay and allowances.  

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__ewl ___  __ja ____  ___vbc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Van B. Cunningham____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031097	
SUFFIX		
RECON		
DATE BOARDED	2000/06/20	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  22	102.0800	
2.		
3.		
4.		
5.		
6.