ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20180014876


APPLICANT REQUESTS:  DD Form 214 reflect credit for 4 years of active duty service, while attending medical school, as a participant in the Health Professionals Scholarship Program (HPSP).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 4629 (Service Agreement for the HPSP)
* Medical School Matriculation Affidavit
* DA Form 71 (Oath of Office)
* Appointment Orders HPSP (Order# C-10-014743) 
* Active Duty Orders (Order# A-05-005798)
* Officer Record Brief
* Army Reserve Appointment Orders to Active Duty (Title 10) 
* DA Form 28 (Personnel Qualification Record) 
* Administrative Inquiry document
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* Promotion Order to Major (MAJ)) 
* Discharge Orders (Order# 94-102-030)

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 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 that his DD Form 214 should include active service credit for the 4 years of medical school that he completed while participating in the Health Professional Service Program.  Currently his DD Form 214 only reflects the 4 years of active duty that he served after his internship from 15 June 1986 to 14 July 1990. 

3.  The applicant provides: 

* DA Form 4629 dated 3 September 1981 reflecting the contractual agreement between the applicant and the United States Army
* Medical School Matriculation Affidavit dated 20 October 1981 reflecting full enrollment in the HPSP; projected graduation date of June 1985
* DA 71 dated 24 October 1981 appointing the applicant as a 2LT
* Order# C-10-014743 dated 28 October 1981 officially appointing the applicant in the Army Reserve as a 2LT enrolled in the HPSP; effective 24 Oct 1981
* Title 10 Appointment dated 5 April 1985 as a Captain in the Army Reserve reflecting a 4 year commitment post graduation date
* Order#  A-05-005798 dated 16 May 1986 ordering the applicant to active duty effective 15 Jul 1986; active duty commitment/obligation of 4 years 
* Officer Record Brief reflects a pay entry basic date (PEBD) of 24 October 1981 and an entry on active duty date of 15 July 1986
* DA Form 28 reflecting a PEBD of 24 October 1981
* Administrative Inquiry document reflecting a PEBD of 24 Oct 1981
* DD Form 214 reflecting completion of 4 year active duty commitment effective 14 July 1990; 4 years active service and 4 years, 8 months and 21 days of inactive service
* Promotion Order to MAJ with an effective date of 14 July 1993
* Order# 94-102-030 discharging the applicant from the reserve component effective 2 March 1994

4.  A review of the applicant’s records shows that on 3 September 1981 he signed a DA Form 4629.  On line 17 of this document it states that the applicant fully understands and agrees that service performed while he is a member of the HPSP will not be counted in determining eligibility for retirement, or computing years of service creditable for pay under title 37, United States Code, section 205, other than the four years it awarded all graduates of medical, osteopathic, and dental schools as provided in subsection (a)(7) and (8).

5.  Line 15a. states that the applicant understands that time spent in graduate professional education (FYGME/internships; residencies, or fellowships) will not be creditable toward satisfying his program obligation

6.  Line 15d. states that the applicant understands that the time spent on active duty or active duty for training while a member of the program prior to completion or professional degree requirements will not be credited toward fulfillment of any active duty obligation. 

7.  Paragraph 4 of the Title 10 orders states that if the applicant has been credited with “years of service in an active status” the number of years, months and days is reflected after “D” on this document.  The document reflects 4 years credit as of the graduation date.  This service is not valid for any pay entry basic date and is not the result of prior military service. 

8.  AR 601-141 (Personnel Procurement – US Army Health Professions Scholarship Program) paragraph 11 (Determination of creditable service) states that military service performed while a member of the program will not be counted:

   a.  In determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program

	b.  In computing years of service, creditable for pay under 37 U.S.C. section 205, other than the 4 years of credit awarded all graduates of medical, osteopathic, and dental schools as provided by subsection (a)(7) and (8).

9.  Title 37 United States Code section 205 (Computation creditable service) states that subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding all periods during which he was enlisted or held an appointment as an officer of the Army or Army Reserve.

10.  AR 635-5 (Personnel Separations) paragraph (12) (Record of Service) states that the “active service this period” is computed by subtracting item 12a. and 12b.  The “total prior active service” is drafted from previously issued DD 214’s (if any).  The “total prior inactive service” is reflective of any prior inactive service. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and the evidence in the records.  The Board discussed the applicant’s claim, the governing regulation for service credit and his acknowledgement on the DA Form 4629.  The Board determined by preponderance of evidence that his record is correct and should not reflect an additional 4 years of active duty service as the applicant requests.

2.  After reviewing the application and all supporting documents, the Board found that relief was not warranted.

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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 Army Board for Correction of Military Records (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.  Army Regulation 601-141 (Personnel Procurement – US Army Health Professions Scholarship Program) paragraph 11 (Determination of creditable service) states that military service performed while a member of the program will not be counted:

b.  In determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program

	b.  In computing years of service, creditable for pay under 37 U.S.C. section 205, other than the 4 years of credit awarded all graduates of medical, osteopathic, and dental schools as provided by subsection (a)(7) and (8).

3.  Title 37 United States Code section 205 (Computation creditable service) states that subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding all periods during which he was enlisted or held an appointment as an officer of the Army or Army Reserve. 

4.  AR 635-5 (Personnel Separations) paragraph (12) (Record of Service) states that the “active service this period” is computed by subtracting item 12a. and 12b.  The “total prior active service” is drafted from previously issued DD 214’s (if any).  The “total prior inactive service” is reflective of any prior inactive service. 


ABCMR Record of Proceedings (cont)	 AR20180014876
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