PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 August 2000                   
	DOCKET NUMBER:   AR1999031170

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 that his date of rank to captain (CPT) be recalculated.

3.  The applicant states that he had 6 years, 2 months and 16 days of prior commissioned service and he should receive constructive credit towards promotion to major.  His current date of rank is the day he graduated from medical school.

4.  The applicant’s military records show that he had prior active commissioned service from 25 May 1988 to 10 August 1994.  He attended the Uniformed Services University of Health Sciences (USUHS) from 11 August 1994 to 15 May 1998.  He was appointed a CPT and entered active duty on 16 May 1998 with a date of rank of 16 May 1998.

5.  Department of Defense Instruction (DODI) 6000.13 states that a prospective health professions officer’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation or assignment as a health professions officer.  Four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.) degrees.  Credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.  Service on active duty 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 credit for each day of service in the case of individuals seeking an original appointment as a health professions officer. 

6.  In the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  OTSG determined that the applicant was not awarded constructive service credit for his prior commissioned service and that he should have been awarded 3 years, 1 month and 8 days of constructive service credit as a Medical Corps officer in accordance with DODI 600.13 dated 30 June 1997. 

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

CONCLUSIONS:

1.  At the time of his entry on active duty as a Medical Corps officer, the applicant was awarded 4 years of constructive service credit for his basic medical degree but no credit for his prior active commissioned service.  In accordance with DODI 6000.13 and the advisory opinion, he should have been awarded 3 years,            1 month and 8 days of constructive service credit (i. e., one-half day credit of each day of service) for his prior commissioned service.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded 3 years, 1 month and 8 days of constructive service credit for his prior commissioned service at the time of his entry on active duty as a Medical Corps officer on 16 May 1998 for a total of       7 years, 1 month and 8 days constructive service credit.

BOARD VOTE:  

__jns___  __esc___  __cmf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031170	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.