APPLICANT REQUESTS:  In effect, the applicant requests that his records be corrected to show that he was appointed as a Major in the Medical Corps, with the same date of rank in that grade that he held when he was a Major in the Medical Service Corps.  

APPLICANT STATES:  In effect, the applicant states that his years of service be reviewed to determine if his appointment to the grade of Captain in the Medical Corps in 1990 was correct, considering that he was a promotable Medical Service Corps Major prior to his branch transfer to the Medical Corps.  He states that his appointment as a Captain penalized him when, in effect, he was trying to better himself [from a medical service corps officer to a medical officer].  He feels that the Army should look at the policy requiring a reversion to a lower grade.    

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

The applicant enlisted in the Reserve on 18 September 1969.
He was appointed a second lieutenant in the Medical Service Corps on 28 May 1971, and promoted to Major on 6 June 1985.

On 30 August 1990 the applicant accepted an appointment as a Captain in the Medical Corps.  He was awarded 13 years, 
1 month, and 6 days of constructive service credit.   

On 7 July 1992 the Chief of the Office of Promotions of Reserve Components responded to the applicant’s request for information concerning his promotion eligibility date to major.  That official stated that because the applicant had 9 years, 1 month, and 6 days overage constructive service credit when appointed as a captain, his promotion eligibility date (PED) to major, based on seven years time in grade requirement, would be 23 July 1988.  However, he could not be promoted prior to his appointment date 
[30 August 1990], therefore, his PED had been adjusted to that date. 

That official went on explain that although the applicant had served as a major in the Medical Service Corps, his reappointment in the Medical Corps as a captain with constructive service credit terminated his prior service as a major, and his name has been removed from the 1992 lieutenant colonel’s selection board.  He continued by saying that applicant was eligible for consideration for promtion to major by a promotion advisory board, and since his record was omitted from the 1991 and 1992 selection boards, he had a basis for consideration under 1991 and 1992 criteria by advisory boards. 

The applicant requested an additional review of the grade and constructive service credit given him at the time of his appointment in the Medical Corps.  That review determined that his constructive service credit awarded was 13 years, 
1 month, and 20 days, vice the original 13 years, 1 month, and 6 days awarded at the time of his appointment.  The applicant’s DA Form 5074-R (Record of Award of Entry Grade Credit), was corrected accordingly.

The corrected copy of the DA Form 5074-R, dated 10 January 1995, shows that the applicant was awarded 4 years of constructive service credit for completion of his basic qualifying degree at the Louisiana State University School of Medicine, 2 months credit for internship from 1 July 1990 to 30 August 1990, and 3 years credit for his PHD in pathology at Vanderbilt University from December 1972 to December 1975.  He was awarded 5 years, 11 months, and 20 days of credit for his prior commissioned service 
(28 May 1971 to 19 December 1972, and 20 December 1975 to 
5 May 1986.)  His total entry grade credit was 13 years, 
1 month, and 20 days.  The grade for which he qualifed for was captain, with 4 years of credit required for that grade. Therefore he had 9 years, 1 month, and 20 days of credit in excess of that required for the grade of Captain.  

On 21 April 1995 the Total Army Personnel Command (PERSCOM) Promotions Branch at St. Louis, stated that the applicant was not eligible for an earlier date of rank to major than 30 August 1990, and that based on 7 years time in grade, the applicant’s PED to LTC is 29 August 1997. 

The applicant was promoted to Major on 1 February 1991 and to lieutenant colonel on 22 July 1995.  He is currently a Reserve officer assigned to the 4010th U.S. Army Hospital in New Orleans.
Army Regulation 135-101 prescribes the policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of the Army Medical Department (AMMED).  Paragraph 1-10 states that transfer to any branch of the AMMED requires a new appointment.  Paragraph 3-1 of that regulation states that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits (14 years for appointment in the MC) entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.  Entry grade credit awarded upon appointment will be recorded on DA Form 5074-R ....  Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree (See tables 3-1, 3-3, 3-4, and 3-5.  Credit limiitations are prescribed in table entries and footnotes.)  Credit for prior active commissioned service will be computed as shown in table 3-2.

Paragraph 3-2 states, in effect, that an individual with 
4 years or more, but less than 14 years entry grade credit awarded will be appointed in the grade of a captain.  Authorized credit in excess of the minimum required for appointment will be used to adjust the date of rank within that grade.

Table 3-1 provides for constructive service credit and states that 4 years of credit is awarded for a basic qualifying degree, i.e., M.D., 1 year for successful completion of internship, and 1 year for each year of education for additional advanced degrees, up to 36 months for a doctorate.  

Informal information provided by the Recruiting Command medical department counselor is that one month of credit is awarded for each month of internship completed.

Table 3-2 provides for the computation of prior active commissioned service credit, and states, in effect, that 1/2 year of credit will be awarded for commissioned service in other than the specialty in which being appointed. 
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director