BOARD DATE: 17 April 2020 DOCKET NUMBER: AR20190014033 APPLICANT REQUESTS: a. Modification of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 13 August 1993, to show his time served as a medical student at the Uniformed Services University of the Health Sciences (USUHS), from 31 August 1981 through 18 May 1985; or b. Issuance of a statement regarding his character of service during the period 31 August 1981 through 18 May 1985; or c. Issuance of a separate DD Form 214 for the period 31 August 1981 through 18 May 1985 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 27 August 2019 * USUHS Certificate of Service, dated 8 April 2019 * Office of The Assistant Secretary of Defense policy directive, dated 1 July 2002 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 he was on active duty as a U.S. Army Reserve (USAR) medical services corps (MSC) officer, in the rank of second lieutenant (2LT) (O-1), during the period 31 August 1981 through 18 May 1985 while attending the USUHS. He was not issued a DD Form 214 for this time in service, while students were in attendance, despite the fact that Army members switch from Reserve to active duty (change in component) and from MSC to medical corps (MC) officers (change in branch). 3. The applicant entered the USUHS on 31 August 1981, as a Reserve commissioned officer in the rank of 2LT. At the time of his enrollment, his brank was MSC. Upon the completion of his USUHS training on 18 May 1985, he was appointed as a Regular Army officer and branch transferred to the medical corps. 4. The applicant began his Regular Army service on 18 May 1985, as an MC officer. 5. The applicant received a Letter of Reprimand on 20 January 1993 for engaging in off-duty employment without authorization from the command. 6. Court-martial charges were preferred against the applicant on 11 May 1993 for violations of the Uniform Code of Military Justice (UCMJ). The relevant DD Form 458 (Charge Sheet) shows he was charged with 10 specifications or charges of serious violations of his duties and responsibilities as a physician, officer, and flight surgeon, including the wrongful distribution and possession of controlled substances. 7. Other than the aforementioned Charge Sheet, the available record does not contain any separation processing documentation. 8. The applicant was discharged on 13 August 1993. The DD Form 214 he was issued shows: * he served on active duty as a medical corps officer from 18 May 1985 through 13 August 1993 * he was credited with three years, 10 months and four days or prior active service * he was credited with one month and six days of prior inactive service * his service was characterized as under other than honorable conditions (UOTHC) * he was discharged under the authority of Army Regulation 635-120 (Officer Resignations and Discharges) * his narrative reason for separation was "Conduct Triable by Court-Martial" 9. The applicant's DD Form 214 does reflect his period of USUHS service as prior active duty service. 10. The applicant provides: a. An Office of The Assistant Secretary of Defense policy directive, dated 1 July 2002, to clarify the computing of military retired and retainer pay when a member was a medical student at USUHS. b. A USUHS certificate, dated 8 April 2019, which states: This is to certify that MAJ Axxx Cxxx, MC, USA, served on active duty as a medical student officer (O-1, U.S. Army) at the USUHS from 31 August 1981 (initial USU active duty date) to 18 May 1985 (USU graduation date). This period of active duty service is not creditable in determining eligibility for retirement or longevity for pay. [See § 2114(c) & § 2126, title 10, U. S. Code.] It is, however, fully creditable active duty service in computing retired pay. [See § 2114(b)(1) of title 10, § 212 of title 42, and the attached OASD (FMP) memorandum, dated 1 July 2002.] BOARD DISCUSSION: After reviewing the application, supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board concluded there was insufficient evidence of an error or injustice which would warrant modifications to his DD Form 214 for the period ending 13 August 1993 or issuance of a new DD Form 214. 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. Title 10, USC, Section 2114(b), states medical students shall be commissioned officers of a uniformed service as determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health and Human Services. They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 4. The Office of The Assistant Secretary of Defense policy directive of 1 July 2002 clarifies the computing of military retired and retainer pay when a member was a medical student at USUHS. It states: a. Section 2114(b) of Title 10, United States Code (USC) [10 U.S.C. 2114(b)] provides that USUHS medical students "shall serve on active duty in pay grade 0-1." That such service must be credited under any provision of law based on active service unless such service is explicitly excluded. b. In this regard in accordance with 10 USC 2114(b) provides that the exclusions of 10 USC 2126 applicable to students in the Health Professions Scholarship Program are also applicable to USUHS medical students. These exclusions relate to: (1) determination of the applicable rate of basic pay under 31 USC 205 longevity); and; (2) determination of eligibility for retirement. c. There is no exclusion in this or any other section of law, with respect to the computation of retired pay. d. Consequently, years of service at USUHS as a medical student are creditable in computing retired pay. e. Services and DFAS should review existing procedures to ensure such service is credited or not credited as appropriate and that affected members are properly informed of the provisions applicable to the competition of their retired pay. f. Retired pay of members already retired should be recalculated if, in light of this guidance, any member's retired pay was not properly determined. Services should establish a process to identify persons affected and provide the Defense Finance and Accounting Service the necessary documentation to adjust the member's retired pay accordingly, with any claim for retroactive payments subject to the provisions of 31 USC 3702(b). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190014033 5 ABCMR Record of Proceedings (cont) AR20190014033 4