ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 October 2019 DOCKET NUMBER: AR20170005541 APPLICANT REQUESTS: his 6 years of service in an active status is credited to him as of 15 December 1982. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Appointment Order with credited service * U.S. Air Force (USAF) retirement order and letter * VA Form for third party authorization * Personal Military Records FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, upon his appointment as a Reserve commissioned officer of the Army, he was credited with 6 years of service in an active status on 14 December 1982. The credit was applied since he was a medical officer at the time. He served in the U.S. Army Reserve (USAR) from 15 January 1983 to 5 September 1996. a. He became active duty in the U.S. Air Force Reserve (USAFR) from 6 September 1996 to 23 December 2007. He became eligible for his military retirement on 6 April 2012. He had assistance filing his retirement from the personnel at Offutt Air Force Base (AFB). His Air Force Reserve Order # EL- 2929 shows he had 24 years, 11 months, and 10 days of service. He inquired with the Offutt AFB personnel about the 6 years, but they were unable to assist him. b. He has contacted the USAF, Defense Finance and Accounting Services (DFAS), Total Force Service Center, and the National Personnel Records Center (NPRC) in his attempts to correct this. The different employees have directed him to different sites for the corrections but the record is still wrong. 3. The applicant provides the following: a. Appointment order dated 14 December 1982, published by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO. b. USAF Order # EL-2929, dated 12 April 2012, published by Headquarters, USAF, Washington, D.C. c. USAF retirement letter, dated 12 April 2012, published by Headquarters Air Reserve Personnel Center that shows he was placed on the retired list effective 6 April 2012. d. VA Form 21-0845 (Authorization to Disclose Personal Information to a Third Party), dated 9 November 2015, that shows he authorized P_ C. L_ as the person the Department of veterans Affairs (DVA) to contact regarding information in his DVA record. 4. A review of the applicant’s service record shows: a. Appointment order dated 14 December 1982, published by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, shows he was appointed as a Reserve commissioned officer of the Army. He was credited with 6 years of constructive service credit in an active status, which applies to medical personnel. The service was not valid for his pay entry basic date (PEBD), and is not the result of prior service. b. DA Form 71 (Oath of Office – Military Personnel), dated 15 January 1983, shows he executed his oath of office in the USAR. c. DARP Form 249-2-E (Chronological Statement of Retirement Points), dated 2 April 1996, shows he served in the USAR from 15 January 1983 to 14 January 1996, and was credited with 13 years towards his qualifying time for retirement. d. Orders # 96-228-015, dated 15 August 1996, published by Headquarters, USAR Command, Atlanta, GA, shows he was honorably discharged from the USAR with DD Form 256A honorable discharge certificate. e. Orders # 96-228-030, dated 15 August 1996, published by Headquarters, USAR Command, Atlanta, GA, shows Orders # 96-228-015 were revoked. f. DD Form 256A (Honorable Discharge Certificate) shows he was Honorably discharged from the USAR with DD Form 256A effective on 15 August 1996. g. On 16 August 1996, the USAR Command approved the applicant’s conditional tender of resignation. He was provided 6 months to return a copy of his oath of office in his new service. The suspense date was 16 March 1997. h. AF Form 133 (Oath of Office – Military Personnel), dated 6 September 1996, shows he executed his oath of office in the USAFR. i. On 10 October 1996, the applicant’s USAR unit, the 4223rd U.S. Army Hospital, Omaha, NE, notified Headquarters, 89th Regional Support Command (RSC), Wichita, KS, of the applicant’s status changing from the USAR to the USAF, and requested his USAR discharge be processed. j. On 12 November 1996, the Headquarters, 89th RSC, notified Headquarters, USAR Command, Atlanta, GA, that he applicant was given a conditional release and joined the USAF. His discharge action was forwarded as well for the appropriate action k. Orders # 96-318-064, dated 13 November 1996, published by Headquarters, USAR Command, Atlanta, GA, he was honorably discharged from the USAR with DD Form 256A effective on 5 September 1996. The order further shows, his assignment in the USAR was terminated on the effective date of this order, preceding his date of commission in the Reserve of the Air Force. l. USAF Order # EL-2929, dated 12 April 2012, published by Headquarters, USAF, Washington, D.C. shows the applicant was retired with 24 years, 11 months, and 10 days of service. 5. By DoD Military Pay and Allowance Entitlements Manual (DODPM) paragraph 10102 (Constructive service credit for medical and dental officers) shows medical officers who have graduated medical training receive 4 years credit for such training. Medical officers who have completed a medical internship, or its equivalent, receive a 1 year credit in addition to the 4 years authorized above. 6. According to the Defense Officer Personnel Management (DOPMA) and Reserve Officer Personnel Management Act (ROPMA), constructive credit is used to determine rank and grade based on prior service and advance degrees. The purpose of constructive credits is to provide grade and date of rank comparability for persons commissioned after obtaining advanced education, training or experience relative to a contemporary who began commissioned service immediately after obtaining a baccalaureates degree. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. He was provided a specific rank and grade after it was determined he would receive CSC for his advanced degree. The memorandum he received on 14 December 1982 clearly notified him CSC is not valid for pay entry basic date and is not a result of prior military service. The Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DoD Military Pay and Allowance Entitlements Manual (DODPM) paragraph 10102 (Constructive service credit for medical and dental officers) shows medical/dental officers who have graduated medical/dental training receive 4 years credit for such training. Medical officers who have completed a medical internship, or its equivalent, receive a 1 year credit in addition to the 4 years authorized above. 3. DODI 700.14-R (DoD Financial Management Regulation Some medical and dental officers are entitled to extra credit for longevity purposes to reflect the time spent in medical or dental school. Medical and dental officers must meet one or more of the following criteria to be entitled to the constructive credit: * On or before September 15, 1981, the officer already had the constructive service credit; the credit is not lost if there is a break in service either before or after that date. This includes Public Health Service officers. * On September 14, 1981, the individual was enrolled either in the Armed Forces Health Professions Scholarship Program or the Uniformed Services University of Health Sciences, completed that program, and was appointed as a medical or dental officer. * On September 14, 1981, the individual was participating in a program that credited years of service and led to an appointment as an officer in the Army, Navy, Air Force or Marine Corps. * Medical and dental officers who meet the criteria in subparagraph 010105.A, above, are entitled to 4 years constructive service credit. Also, those medical officers who have completed medical internship or its equivalent, or who entered military status while serving such an internship, are entitled to a fifth year of constructive service credit. * Where a member is entitled to service credit for a period covered by the constructive credit, reduce the constructive service credit by an amount equal to the actual service credit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005541 5 1