| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: That his date of rank (DOR) to captain be changed to 10 June 1994 and his DOR to major be changed to 10 June 2000.
APPLICANT STATES: That upon entry on active duty on 3 July 1999, his orders stated he had 5 years of Health Professions Pay Entry Date (HPPED) creditable service. His DOR for captain was determined to be 3 July 1994. With this DOR, he should have been considered for the major promotion board in February 1999 but he was not on active duty at the time and was not considered. As a result, he was considered above the zone in February 2000 and therefore not promoted until 1 October 2000. Additionally, based on the date of his doctoral degree, his DOR for captain should have been 10 June 1994. Using this new date, his DOR for major should be 10 June 2000.
EVIDENCE OF RECORD: The applicant's military records show:
He graduated from the Oregon Health Sciences University with a Doctor of Medicine degree on 10 June 1994. His basic date of appointment is 1 October 1994 and he apparently received a deferment. He completed his internship in anesthesiology at the University of Washington Medical School in 1995, residency at the University of Iowa Hospital in 1998, and a fellowship at Duke University Medical Center in 1999.
On 3 July 1999, the applicant was ordered to active duty in the rank of captain. His orders show he was given 9 years of constructive credit for active duty grade determination and 5 years of HPPED creditable service. He was given a DOR of 3 July 1994. He was promoted to major on 1 October 2000.
Army Regulation 600-8-29 prescribes the officer promotion function of the military personnel system. Paragraph 1.10e(5) states that commissioned officers with less than 1 year of continuous active duty (since their most recent placement on the active duty list) before the board convenes are not eligible for consideration by a promotion selection board (Title 10, U. S. Code, section 619(c)). Requests for exception to this requirement must be forwarded through the first general officer in the chain of command to the U. S. Total Army Personnel Command. Requests must substantiate that the officer’s break in service does not warrant the protection provided by the one-year active duty requirement. Requests for exception will be processed on a case-by-case basis.
Army Regulation 135-101 and Department of Defense Instruction 6000.13 provide policy for the appointment of reserve commissioned officers for assignment to service medical branches. They provide that a prospective health professions officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant entered active duty on 3 July 1999. As he states, the captain promotion board had convened in February 1999. By regulation and by law, since he had less than 1 year of continuous active duty (0 days in fact, since he had not yet been ordered to active duty) before the board convened he was not eligible for consideration by that promotion selection board. Requesting an exception to this requirement was not an option in his case, either, since he was not on active duty.
3. In accordance with regulatory guidance, grade and DOR for AMEDD officers is determined by the number of years of entry grade credit awarded. The date a school was completed or a degree earned is not a factor in determining entry grade or DOR. The applicant has provided no evidence to show that his DOR to captain was incorrectly determined.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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
__kak___ __rwa___ __kwl___ DENY APPLICATION
| CASE ID | AR2001058622 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010710 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070017299
The applicant's DA Form-5074-R, dated 10 August 2006, shows that he was granted 13 years of appropriate CSC. Paragraph 6.1.2.2.1. states four years of CSC shall be granted for completion of first professional degrees that include medical (M.D. Paragraph 6.1.2.2.5. states credit of one-half year for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service...
ARMY | BCMR | CY2008 | 20080007986
Item 26 (Separation Authority) of the applicant's DD Form 214, dated 19 June 1998, shows the entry "AR 600-8-24, Para 2-15" indicating that the applicant voluntarily requested release from active duty for the purpose of seeking non-funded graduate medical education and/or training leading to specialty board eligibility and/or internship in accordance with Army Regulation 600-8-24 (Officer Transfer or Discharges). Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for...
ARMY | BCMR | CY2007 | 20070015474
The applicant states, in effect, that his DA Forms 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), completed at the time of his appointment in the USAR, did not take into account his prior service in the U. S. Public Health Service (USPHS). Chapter 3 provides that grade and date of rank upon original appointment and assignment to an Army medical Department branch will be determined by the number of years of entry grade credit awarded. Evidence of record shows...
ARMY | BCMR | CY2010 | 20100017633
e. The advisory opinion states that the governing directive provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned. d. paragraph 6.1.2.2.5 provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such...
ARMY | BCMR | CY2009 | 20090016507
IN THE CASE OF: BOARD DATE: 18 MAY 2010 DOCKET NUMBER: AR20090016507 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Applicant should have been awarded 1 year HPPED credit when he entered active duty on 15 June 2008. b. Applicants active duty order failed to award HPPED credit for completion of internship at the University of Pittsburgh between 1 July 2004 and 30 June 2005. c. HPPED represents a Medical Corps officer's period of creditable service for entitlement to special pay. A DA Form...
ARMY | BCMR | CY2007 | 20070000527
The applicant requests that his date of rank (DOR) for promotion to captain be adjusted (in effect, that he be credited with additional constructive credit). However, the applicant has not been treated any differently than any other Medical Corps officer with regard to his maximum entry grade credit or constructive credit. Evidence of record shows the applicant was credited with constructive credit for his prior commissioned service as an infantry officer during the period 29 May 1993 to...
ARMY | BCMR | CY2003 | 2003091672C070212
The applicant requests, in effect, constructive service credit (CSC) for completion of a post-doctoral fellowship during the period 15 December 1992 to 12 August 1994 and adjustment to his active duty date of rank for major. The applicant states that upon completion of the United States Army Health Professions Scholarship Program, he was instructed to provide documents to determine his active duty date of rank. The applicant's military records show that he was appointed in the Reserve,...
ARMY | BCMR | CY2005 | 20050006021C070206
Counsel states the applicant reentered the Army in the Medical Corps and was given active duty credit for the four years he spent at USUHS, as he had been upon his discharge in March 1994. Title 10, U. S. Code, chapter 105 (Armed Forces Health Professions Financial Assistance Programs), section 2126 (Members of the program: service credit), subsection 2126a states service performed while a member of the program shall not be counted (1) in determining eligibility for retirement other than by...
ARMY | BCMR | CY2006 | 20060004919C070205
The applicant requests, in effect, award of constructive service credit (CSC) for his prior commissioned service as a pharmacy officer to apply toward his present rank as a medical corps (MC) officer for the purpose of meeting eligibility for the 2006 Army Medical Department (AMEDD) lieutenant colonel promotion board. He also states that he had held the rank for captain for over 9 years, both as a pharmacy officer and as a MC officer prior to receiving a promotion to major. His records...
ARMY | BCMR | CY2011 | 20110024394
An additional 4 months can be awarded for his fellow time (August through December 1999); and f. work experience: DODI 6000.13, section 6.1.2.2.5, states "credit of 1/2 year for each year of experience up to a maximum of 3 years of constructive credit, may be granted for experience directly used by the Military Service concerned." In conclusion, the MC Program Manager recommended that the applicant's total constructive credit be adjusted to reflect 9 years, 9 months, and 5 days with an...