PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:  22 March 2000
	DOCKET NUMBER:   AR1999034680

	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. Paul A. Petty .		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ted S. Kanamine		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 correction of his date of rank to Captain and Major.

3.  The applicant states, in effect, that he was not given creditable service toward his dates of rank.  He served on active duty from the time he graduated from West Point on 27 May 1987 until resigning his Regular Army (RA) commission on 4 July 1987 to accept a commission in the USAR on 5 July 1987 in order to attend the Uniformed Services University of Health Sciences (USUHS).  His fellow West Point classmate graduates (year of 1987) who also resigned their RA commissions and accepted USAR commissions to attend USUHS were given creditable service for this time towards their dates of rank.  They were subsequently promoted to Major one month before he was.  This will be detrimental to him in future promotions.

4.  The applicant’s military records show that he graduated from West Point and was commissioned a RA second lieutenant on 27 May 1987 with a date of rank of 27 May 1987.  He was commissioned in the Medical Corps.  On 4 July 1987, the applicant resigned his RA commission and on 5 July 1987 was commissioned as a USAR second lieutenant in order to attend USUHS to become a doctor.  On 28 April 1991, he graduated from the USUHS and was commissioned as a RA Captain on 18 May 1991 with a date of rank as 18 May 1991.

5.  According to the Total Army Personnel Command, Officer Promotion Section, Date of Rank Determination Office, other officers in the same circumstances as the applicant as stated in paragraph 4 above, were given 20 days creditable service in accordance with Army Regulation 624-100, paragraph 2-17, medical corps officer entry grade credit and initial grade.  As a result, their dates of rank were backed up from 18 May 1991 to 28 April 1991.  It appears that the applicant was not given the 20 days creditable service due to oversight in the system.

6.  The Office of the Surgeon General, Directorate of Personnel, rendered an advisory opinion in this case and recommended that the applicant’s dates of rank to Captain (18 May 1991) and Major (18 May 1997) be adjusted to account for the 20 days creditable service and changed to 28 April 1991 and 28 May 1997 respectively.  The applicant concurred with this opinion.

CONCLUSIONS:

1.  Erroneously, the applicant was not awarded the 20 days creditable service credit that he should have been awarded when his date of rank for Captain was determined in 1991 upon graduation from USUHS.  As a consequence, his date of rank to Major was also affected.  The applicant’s dates of rank should be changed to 28 April 1991 for Captain and 28 April 1997 for Major.

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 for the individual concerned by changing his dates of rank to 28 April 1991 for Captain and 28 April 1997 for Major.

BOARD VOTE:  

__JA__  __AO___  __TK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___James M. Alward____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034680	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.102.07	Date of Rank	
2.		
3.		
4.		
5.		
6.