MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001060201

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Roger Able		Member
Mr. Terry L. Placek		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that the time he spent in medical school be considered creditable service for basic pay and retirement pay purposes.

APPLICANT STATES: In effect, that Uniformed Services University of Health Sciences (USUHS) students who graduated from medical school in 1987 have recently been given credit for medical school. In addition, he claims that he went to the United States Military Academy (USMA) at West Point, with plans of going to medical school after graduation, as evidenced by the premed courses he took while at West Point. He also indicates that his West Point class (1978) was the first blocked from going to medical school in a deliberate last ditch attempt to keep women out of West Point. He indicates that when women graduated from the USMA in 1980, they were allowed to go to medical school. Finally, he claims that he served his 5 years in the Army to complete his USMA obligation and then went to medical school.

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

On 7 June 1978, he was commissioned a second lieutenant (2LT) in the Air Defense Artillery (ADA) of the Regular Army (RA) and he was concurrently ordered to active duty in that status. He continuously served on active duty until 6 October 1983, at which time he was honorably separated, in the rank of captain (CPT), after completing 5 years and 4 months of active military service.

On 8 March 1987, an appointment letter pertaining to the applicant was published by the United States Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri. This letter appointed the applicant a commissioned officer of the United States Army Reserve (USAR), in the rank of CPT, in the Medical Corps (MC), effective upon his acceptance. It also credited him with 4 years of service for entry grade purposes based on his completion of medical school; however, it stipulated that this service credit was not valid for pay entry basic date purposes and did not include credit for his prior active service.

On 5 June 1987, he received his Doctor of Medicine (MD) degree from the Medical College of Ohio at Toledo, Toledo, Ohio, and he accepted his USAR appointment on that same date. Orders Number A-03-053306, issued by the Office of the Adjutant General, ARPERCEN, ordered the applicant to active duty, effective 22 June 1987. The additional instructions portion of this order confirmed that the applicant was granted 6 years and 8 months of constructive service credit for active duty grade purposes.

On 22 June 1987, he entered active duty as a CPT in the MC, and he is currently still serving on active duty in the rank of lieutenant colonel (LTC) at Fort Sam Houston, Texas.

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In connection with the processing of this case, an advisory opinion was requested of and received from the Office of the Surgeon General (OTSG), dated 7 August 2001. This advisory opinion prepared by the Director, Medical Education, stated that the applicant had been properly credited with 6 years and 8 months of constructive credit, as evidenced in his active duty order, dated
6 March 1987. This constructive credit included 4 years of credit based on his completion of medical school and 2 years and 8 months of credit based on his prior active duty commissioned officer service.

The applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond, which he did on 1 November 2001. In his reply, the applicant stated that OTSG did not address the issues he raised. He indicated that the facts are that USUHS graduates and HPSP graduates from the same year group have for many years received credit for medical school for retirement and pay purposes, but, HPSP graduates of the class of 1987 have not. He concludes by indicating that it is unfortunate that the OTSG failed to address the true issues in his case, however, this does not make them any less valid.

Department of Defense Instruction (DoDI) 6000.13 prescribes the policy and procedure for medical manpower and personnel programs. Paragraph
6.1 contains guidance on granting entry grade credit and paragraph 6.1.1 states, in pertinent part, that a prospective health professional’s entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment. It further indicates that the entry grade credit will equal the sum of constructive service credit and prior commissioned service credit granted.

Paragraph 6.1.1.2 stipulates that prior service credit to members with prior active duty commissioned officer service in a specialty other than the corps or professional specialty in which being appointed, shall be awarded as one-half day of credit for each day served. Paragraph 6-2 provides guidance on awarding constructive service credit and paragraph 6.1.2.2.1 states, in pertinent part, that four years of constructive credit will be awarded for the completion of a medical degree.

Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD). The minimum service credit for appointment to CPT in the MC is 4 years. Paragraph 3-3 contains guidance on determining the entry grade for officers ordered to active duty. It states, in pertinent part, that authorized credit beyond the minimum necessary for appointment to the appropriate grade will be used to adjust the date of rank within that grade.


The Volume 7A (Military Pay Policies and Procedures) of the Department of Defense Financial Management Regulation (DoDFMR), establishes the policy on the pay and allowances for military personnel. Paragraph 010102 provides guidance on the computation of creditable service for the purpose of establishing a basic pay date and outlines those periods of service that are creditable for pay purposes.

Paragraph 010201 outlines those periods of service that are not creditable service for pay purposes. Included in this list, in subparagraph H, is the time a member serves while enrolled in Armed Forces Health Professions Scholarship and Financial Assistance Programs or while a student at the Uniformed Services University of Health Sciences (USUHS).

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:

1. The Board notes the contention of the applicant that he should receive service credit for medical school that is creditable for pay and retirement purposes; however, it finds insufficient evidence to support this claim.

2. The evidence of record confirms that the applicant was awarded a total of
6 years and 8 months of constructive service credit for entry grade purposes at the time of his appointment as a USAR MC officer. This constructive credit included 4 years for completing his medical degree and 2 years and 8 months based on his prior active duty commissioned officer service. As a result he was appointed in the rank of CPT with a date of rank of 21 October 1984.

3. Although the time the applicant spent in medical school earning his degree did authorize him to receive 4 years of the constructive service credit for entry grade purposes, by law and regulation, this time is not creditable for basic or retirement pay purposes. Therefore, the Board finds no evidentiary basis to support granting the requested relief.

4. 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.

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5. 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

__LLS___ ___RA__ __TLP___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001060201
SUFFIX
RECON
DATE BOARDED	2002/01/08
TYPE OF DISCHARGE	N/A
DATE OF DISCHARGE	N/A
DISCHARGE AUTHORITY	N/A
DISCHARGE REASON	N/A
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 22	102.0800
2.
3.
4.
5.
6.