SUPPLEMENTAL PROCEEDINGS

 
	BOARD DATE:           6 January 2000
	DOCKET NUMBER:   AR19990033117 

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 24 March 1999 was affirmed.  The following additional findings, and conclusions, recommendation were adopted by the Board.

 	Mr. Rick A. Schweigert                         	Analyst

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 24 March 1999.

	Mr. Edward L. Williamson	Chairperson
	Mr. Stanley Kelley	Member
	Mr. Allen L. Raub	Member

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

         Exhibit C - Application for correction of military records

	Exhibit D - Prior proceedings

THE BOARD ADDITIONALLY FINDS:

9.  On 1 November 1999 the applicant submitted an application requesting, in effect, that her military records be corrected by adjusting her Pay Entry Basic Date (PEBD) based on the additional year of constructive service credit the Board granted to her.  She further requests that she receive back pay for the adjustments made to her dates of rank to major, lieutenant colonel, and colonel.

10.  On 24 March 1999 the Board recommended that the applicant be awarded an additional year of constructive service credit upon her initial appointment in the Medical Corps based on her master’s degree in medical engineering.  The recommendation was approved.

11.  On 13 July 1999 the Total Army Personnel Command issued orders amending the applicant’s dates of rank effected by the Board’s action.  Her major date of rank and effective date of promotion was adjusted from 25 June 1984 to 25 June 1983.  Her lieutenant colonel date of rank was adjusted from 25 June 1990 to 25 June 1989.  Her colonel date of rank was adjusted from 25 June 1996 to 25 June 1995.  

12.  Department of Defense Military Pay and Entitlements Manual, section 10202, Constructive Service Credit for Medal and Dental Officers, then in effect, state that medical and dental officers who completed medical/dental training received 4 years’ credit for such training for pay purposes (PEBD).  Medical officers who completed medical internship or its equivalent or entered military status while serving such internship receive an additional year credit.  Constructive credit for pay purposes was not allowed for adjunctive degrees.  (After 14 September 1981 constructive credit for pay purposes was discontinued by the passage of the Defense Officers Personnel Management Act.)  In the applicant’s case, she was appointed in the Medical Corps on 25 May 1978 and her PEBD was adjusted to 25 May 1974, based on 4 years of medical school.  

THE BOARD ADDITIONALLY CONCLUDES: 

3.  At the time of the Board’s 24 March 1999 decision in this case, it was the Board’s intent to award the applicant all appropriate monies that would flow from its recommendation.  Notwithstanding the Board’s intent, the applicant has not received pay and allowances for her retroactive promotions.  

4.  Accordingly, it would be appropriate at this time to further correct the applicant’s records to ensure that she receive due compensation for her retroactive promotions. 

5.  Notwithstanding the foregoing conclusion, the applicant received the maximum constructive service credit for adjustment of her PEBD upon her appointment in 1978.  She is not entitled to further adjustment based on her advanced degree, or the correction of her records. 

6.  In view of the foregoing, it would be appropriate to further correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

1.  That all of the Department of the Army records related to this case be corrected:

     a.  by showing that the individual concerned was promoted to major with an effective date and date of rank of 25 June 1983;

     b.  by showing that she was promoted to lieutenant colonel with an effective date and date of rank of 25 June 1989;

     c.  by showing that she was promoted to colonel with an effective date and date of rank of 25 June 1995; and

     d.  by awarding her all appropriate back pay and allowances to which she might be entitled as a result of this correction.  

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

BOARD VOTE:

__SK___  _ALR____  _EW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Edward Williamson__
		        CHAIRPERSON

	                                                                                            13 March 2000 

SFMR-RBR – 2nd End (6 Jan 00, Docket Number AR1998007288/AR19990033117)
SUBJECT:  ABCMR Supplemental Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                            10 January 2000

TO:  Commander, Total Army Personnel Command,
            ATTN: TAPC-MSE-A, 200 Stovall Street,
            Alexandria, Virginia  22332-4508

1.  Under the authority of Title 10, United States Code, section 1552, the amended recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records related to this case be further corrected as shown in the recommendation paragraph in the Supplemental Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 13 March 2000.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

CF:
Applicant
SFMR/pmp
DFAS
Schweigert

INDEX

CASE ID	AR19990033117	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  112.0700		
2.		
3.		
4.		
5.		
6.