MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 July 2001                   
	DOCKET NUMBER:   AR2001058622

	I certify that hereinafter is recorded the record of consideration 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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his date of rank (DOR) to captain be changed to 10 June 1994 and his DOR to major be changed to 10 June 2000.

APPLICANT STATES:  That upon entry on active duty on 3 July 1999, his orders stated he had 5 years of Health Professions Pay Entry Date (HPPED) creditable service.  His DOR for captain was determined to be 3 July 1994.  With this DOR, he should have been considered for the major promotion board in February 1999 but he was not on active duty at the time and was not considered.  As a result, he was considered above the zone in February 2000 and therefore not promoted until 1 October 2000.  Additionally, based on the date of his doctoral degree, his DOR for captain should have been 10 June 1994.  Using this new date, his DOR for major should be 10 June 2000.

EVIDENCE OF RECORD:  The applicant's military records show:

He graduated from the Oregon Health Sciences University with a Doctor of Medicine degree on 10 June 1994.  His basic date of appointment is 1 October 1994 and he apparently received a deferment.  He completed his internship in anesthesiology at the University of Washington Medical School in 1995, residency at the University of Iowa Hospital in 1998, and a fellowship at Duke University Medical Center in 1999.

On 3 July 1999, the applicant was ordered to active duty in the rank of captain.  His orders show he was given 9 years of constructive credit for active duty grade determination and 5 years of HPPED creditable service.  He was given a DOR of 3 July 1994.  He was promoted to major on 1 October 2000.

Army Regulation 600-8-29 prescribes the officer promotion function of the military personnel system.  Paragraph 1.10e(5) states that commissioned officers with less than 1 year of continuous active duty (since their most recent placement on the active duty list) before the board convenes are not eligible for consideration by a promotion selection board (Title 10, U. S. Code, section 619(c)).  Requests for exception to this requirement must be forwarded through the first general officer in the chain of command to the U. S. Total Army Personnel Command.  Requests must substantiate that the officer’s break in service does not warrant the protection provided by the one-year active duty requirement.  Requests for exception will be processed on a case-by-case basis. 

Army Regulation 135-101 and Department of Defense Instruction 6000.13 provide policy for the appointment of reserve commissioned officers for assignment to service medical branches.  They provide that a prospective health professions officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant entered active duty on 3 July 1999.  As he states, the captain promotion board had convened in February 1999.  By regulation and by law, since he had less than 1 year of continuous active duty (0 days in fact, since he had not yet been ordered to active duty) before the board convened he was not eligible for consideration by that promotion selection board.  Requesting an exception to this requirement was not an option in his case, either, since he was not on active duty. 

3.  In accordance with regulatory guidance, grade and DOR for AMEDD officers is determined by the number of years of entry grade credit awarded.  The date a school was completed or a degree earned is not a factor in determining entry grade or DOR.  The applicant has provided no evidence to show that his DOR to captain was incorrectly determined.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__kak___  __rwa___  __kwl___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058622	
SUFFIX		
RECON		
DATE BOARDED	20010710	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.