IN THE CASE OF: BOARD DATE: 27 June 2022 DOCKET NUMBER: AR20210014294 APPLICANT REQUESTS: •Change his Pay Entry Basic Date (PEBD) from 10 June 1993 to 10 January 1988 •Personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Enclosure 1 - Oath of Office •Enclosure 2 - Chronological Statement of Retirement Points •Enclosure 3 - Officer Record Brief (ORB) •Enclosure 4 - Academic Degree in Medicine •Enclosure 5 - Good Samaritan Hospital Certificate •Enclosure 6 - Public Law 85-422 •Enclosure 7 - Public Law 497 •Enclosure 8 - Email regarding Retirement Inquiry •Enclosure 9 - Department of Defense (DoD) Financial Management RegulationCreditable Service FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file. 2.The applicant states, in effect: a.Current calculations of years of service for longevity does not include credit forthe time he was in medical school and residency as was required by law, at the time of entry into military service. Note the law changed 15 September 1981, a day later. b.He had a period of inactivity, serving from 14 September 1981 to 14 September 1989 in the U.S. Army Reserve (USAR) and then resumed service on 20 December 2001. More specifically his Date of Initial Entry to Military Service (DIEMS) date shows 14 September 1981, but his PEBD shows 10 January 1993 so his PEBD date includes the Reserve time from 1981 to 1989 resulting in the change from 20 December 2001 to 10 January 1993 but does not include the five years' credit for school: four years of medical school and one year of residency. c.The school credit should be given in addition to the Reserve credit because theschool credit happened during a different span of time and resulted in a PEBD of 10 January 1988, which is the 10 January 1993 PEBD minus five years. Note that the time in medical school was six years because it also included a 9 -month residency in Syria from 1977 to 1978. He is entitled to a year of residency even though the U.S. Cincinnati residency partially overlapped with his service. d.Adding the five years of medical school and residency to his current years ofservice calculation moved him up in the table, even without a change to retirement points, which affects the calculation for the monthly retirement pay he would be entitled to upon retirement. e.The law in effect on 14 September 1981 required that credit be given for medicalschool and residency as part of the calculations for longevity, see Title 10, USC, section 1405 and Public Law 85-422, 20 May 1958 and Public Law 497, 30 April 1956. f.The law specifies "A doctor of medicine or doctor of dentistry appointed under thisAct upon graduation from medical or dental school may not be credited with less than four years' service. A doctor of medicine appointed under this act who has completed a one-year internship, or the equivalent thereof, may not be credited with less than five years' service." Then that credited time is used to calculate years of service per section 1405. Thus despite the period of inactivity, the law in effect on 14 September 1981 still applies. g.He sent a letter to the U.S. Army Human Resources Command (HRC) asking forthe error be corrected in 2012. He continued to seek administrative remedy through HRC through phone calls in 2015. He contacted HRC to set up a meeting in June 2021. As he has exhausted all administrative remedies, he is now asking the Board for assistance. 3.The applicant provides the following documents for the Board's consideration: a.Enclosure 1 - An Oath of Office - Military Personnel showing the applicant tookthe oath of office as a Reserve commissioned officer in the rank of first lieutenant (1LT)/O-2 on 14 September 1981. b.Enclosure 2 - A Chronological Statement of Retirement Points, dated 12 August 2021, which shows: •USAR, 14 September 1981 to 13 September 1989 •Break, 14 September 1989 to 20 December 2001 •USAR, 21 December 2001 to 20 December 2020 c.Enclosure 3 - ORB, dated 12 August 2021, which shows the applicant has adoctorate degree. It does not specify the years he was in school for his degree. d.Enclosure 4 - Medical Documents as follows: (1)A translated Academic Degree in Medicine, which states after reviewing theresults of the final exam the Faculty of Medicine, the Council of the University of Damascus decided, on 24 August 1978, to grant the applicant, the Bachelor Degree in Medicine with grade very good. He was therefore entitled to enjoy all rights and privileges of this degree. (2)Attestation from the Associate Professor and Director of Masters in PublicHealth Degree and Certificate Programs, dated 5 November 1998, which states in effect as an American of Syrian origin, he believes he had full command of the Arabic and English languages. He also believed he could interpret documentation in both languages most accurately. Therefore, he certified he had read the Arabic and the English translation version of the academic transcript that was issued from the Faculty of Medicine of Damascus University on behalf of the applicant. He found the translation from Arabic to English to be exact and provide accurate corresponding contents of both documents. (3)The applicant's transcripts. e.Enclosure 5 - A certificate from Good Samaritan Hospital showing the applicantcompleted a period of education in the hospital as a General Surgical Resident from 2 January 1981 to 30 June 1985 and as the Chief General Surgical Resident from 1 July 1985 to 30 June 1986. f.Enclosure 6 - Public Law 85-422, which is an act to adjust the method ofcomputing basic pay for officers and enlisted members of the uniformed services to provide proficiency pay for enlisted members thereof, and for other purposes. The entire law is available for the Board's review. g.Enclosure 7 - Public Law 497, which is an act to provide for the procurement ofmedical and dental officers of the Army, Navy, Air Force, and Public Health Services, and for other purposes. It further states doctors of medicine and doctors of dentistry appointed under this Act shall be credited for purposes of determining lineal position, permanent grade, position on a promotion list, seniority in permanent grade, and eligibility for promotion with the amount of service prescribed by the Secretary concerned, but not less than the minimum prescribed. A doctor of medicine or doctor of dentistry appointed under this Act upon graduation from medical or dental school may not be credited with less than four years' service. A doctor of medicine appointed under this Act who has completed a one-year internship, or the equivalent thereof, may not be credited with less than five years' service. h.Enclosure 8 - An email from HRC, dated 10 June 2021, which details ArmyRegulation 600-8-24 (Officer Transfer and Discharge) Paragraph 6-2, dealing with Computation of Service. The entire email chain is available for the Board's review. i.Enclosure 9 - A portion of the Department of Defense (DOD) FinancialManagement Regulation, Volume 7A, regarding creditable service. The portion of the DoD Financial Management Regulation is available for the Board's review. 4.On 14 September 1981, the applicant was appointed as a Reserve commissionedofficer and executed an oath of office 1LT. There was not documentation in his servicerecord showing when he was released from duty. 5.On 27 November 2001, the applicant completed an application for appointment as acommissioned officer in the USAR. 6.On 21 December 2001, the applicant was appointed as a Reserve commissionedofficer in the rank of major (MAJ)/O-4. On the same day, he completed the oath of officeas a Reserve commissioned officer. 7.On 23 December 2013, orders were published retaining the applicant in an activestatus until 31 December 2016. 8.On 11 May 2022, in the processing of this case, an advisory opinion was obtainedfrom the Chief, Army Service Center (ASC), HRC. The advisory stated ASC could notmake a determination if the applicant's PEBD needed to be updated from 10 January 1993. The applicant's DIEMS is correct at 14 September 1981. 9.The applicant was provided a copy of this advisory opinion on 24 May 2022, toprovide him an opportunity to comment and/or submit a rebuttal. 10.On 27 May 2022, the applicant responded and stated, in effect: a.He was responding to the HRC advisory opinion provided to the Board on 11 May 2022, in which the Army skirted the central and only issue of the initial application. Does the Army have the right to ignore Title 10, USC, and not credit him, for purpose of retirement, with years of medical school and residency as stated in the regulation for medical officers entering the military before 15 September 1981? b.Since they brought up his PEBD, he enclosed his army personnel file stating thedate as 14 September 1981. c.Skirting the central issue of the complaint (adding years of medical school andresidency as creditable service for purpose of retirement for Medical Corps officers entering before 15 September 1981) does not make it go away. d.The Army's inability to determine if his PEBD needed to be updated from 10 January 1993 to 14 September 1981, denotes undesirability to look at the records he provided to the director of retirement at HRC, when he met her in person in Fort Knox, KY, during his board participation in June 2021. e.He provided as attachments to his HRC Inspector General (IG) complaint,protesting the processing of his retirement application by "Gray Area Retirement Branch", which does not apply to him, because he retired with 27 years and 9 months, not less than 20 years, and he entered the military in 1981. f.To date, that IG complaint is not answered and would probably never beanswered. g.He included the documents he had previously submitted with his application, hisappointment decree to the Army, his oath of office, and other relevant documents. 11.The applicant provided the following documents with his rebuttal, not previouslysubmitted for the Board's consideration: a.An e-mail to the Board, which states in effect, the Army acknowledged his DIEMSwas 14 September 1981; however, they could not determine if his PEBD needed to be updated. How convenient for the Army to ignore the oath of office and his appointment by the President, dated 14 September 1981, and signed by the Secretary of Defense and for "Convenience of the Government, to change that date. He prays the Board agrees with him and finds that the PEBD of 10 January 1993 is erroneous and should be updated to 14 September 1981, based on the document enclosed with his appeal. He remembers his recruiter telling him he needed to enter the USAR before 15 September 1981. b.His Personnel Qualification Record as of 8 July 1988, which shows his PEBD as14 September 1981. An unnamed printout, which shows his PEBD as 14 September 1976. c.Two pages of his DA Form 2-1 (Personnel Qualification Record), which shows hisPEBD as 1 July 1977. It also shows he was in the USAR from September 1981 to November 1985 and entered the service as a Battalion Surgeon on 7 July 1986. d.Orders published on 15 August 1989, which shows he was released from hisassignment due to employment conflict, effective 15 August 1989. e.An Officer Evaluation Report from 2 November 1982 to 1 November 1983. f.A Memorandum, Subject: Transmittal of Supplemental Documents Pertaining tothe Application for Appointment in the USAR for the applicant. g.A certificate appointing the applicant in the USAR as a 1LT, effective 14 September 1981. h.Orders published on 24 September 1981 showing he had accepted anappointment in the USAR in the rank of 1LT and was assigned to the USAR Control Group (Reinforcement). i.A Memorandum, Subject: Appointment as a Reserve Commissioned Officer ofthe Army, dated 10 September 1981, appointing the applicant as a 1LT with 4 years, 2 months, and 13 days of creditable service as of 14 September 1981. j.On 14 September 1981, the applicant completed the oath of office as a Reservecommissioned officer in the rank of 1LT. A document showing the transmittal of supplemental documents, dated 24 August 1981. k.A document entitled constructive accession credits to medical and dental officersfor fortified pay and promotion purposes, dated 19 February 1975. BOARD DISCUSSION: 1.The applicant's request for a personal appearance was carefully considered. In thiscase, the evidence of record was sufficient to render a fair and equitable decision. As aresult, a personal appearance before the Board is not necessary to serve the interest ofequity and justice in this case.2.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found determined that partial relief was warranted.The Board carefully considered the applicant’s contentions, the military record, andregulatory guidance. Based upon a requested G1 advisory opinion findings that ws concurred by the applicant, the Board the applicant should be credited with 4 years, 2 months and 13 days, not the full 5 years originally requested. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X:X:XGRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show his Pay Entry Basic Date (PEBD) as 28 March 1989. 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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so. 2.DOD Financial Management Regulation, states in: a.Section 010105: (1)Some medical and dental officers are entitled to extra credit for longevitypurposes 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. (2)On or before 15 September 1981, the officer already had the constructiveservice credit; the credit is not lost if there is a break in service either before or after that date. (3)On 14 September 1981, the individual was enrolled in either the ArmedForces Health Professions Scholarship Program or the Uniformed Services University of Health Sciences, completes such program, and is appointed as a medical or dental officer. (4)On 14 September 1981, the individual was participating in a program,which credits years of service and leads to an appointment as an officer in the Army. (5)Medical officers who meet the criteria are entitled to four years'constructive service credit. Also, those medical officers who have completed medical internships or its equivalent, or who entered military status while serving such an internship, are entitled to a fifth year of constructive credit. b.Section 010106 (Examples): (1)An individual completes medical internship on 30 June 1979, and acceptscommission as a medical officer on 11 August 1979. Credit the member with 5 years constructive service and set basic pay date at 11 August 1974. (2)An individual enters medical school in 1970, and accepts a commissionon 12 January 1972; he graduates from medical school on 10 June 1974, and completes a civilian residency during the period from 1 July 1974, through 30 June 1975. Compute basic pay date as follows: First compute dual status period, which is the period of time between date of commission and date of graduation. • Graduated: 1974 06 10 • Commission Date: 1972 01 12 • Dual Status Period: 2 years, 4 months, and 28 days plus1 (inclusive day) Then compute constructive service credit, which is the 4 years constructive credit less the time already credited as commissioned service: Maximum constructive • service credit: 3 years, 11 months, and 30 days • Less dual status time: 2 years, 4 months, and 29 days • Constructive Credit: 1 year, 7 months, and 1 day The member's basic pay date is 1 year, 7 months, and 1 day before his commission date of 12 January 1972, or 11 June 1970. c. Section 010301 (Computing a Basic Pay Date) states All basic pay date computations start from the date of the member's most recent entry on duty without a break in service. For officers, the date of acceptance of a commission. The date of acceptance for officers graduating from a service academy is the date of graduation. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//