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ARMY | BCMR | CY2001 | 2001060903C070421
Original file (2001060903C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 13 DECEMBER 2001
         DOCKET NUMBER: AR2001060903

         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Mark D. Manning Member
Ms. Regan K. Smith 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)

APPLICANT REQUESTS: Counsel requests on behalf of the applicant, reconsideration of her request for 4 years’ constructive service credit for longevity pay purposes for her attendance at the USUHS (Uniformed Services University of Health Sciences), Class of 1987, from August 1983 to May 1987.

COUNSEL CONTENDS: That the Board that determined her case on 31 May 2001 was misinformed, in that the applicant did specifically use the information printed in the USUHS catalog concerning constructive service credit in making her career decision to attend USUHS. He stated that the applicant had been accepted for admission at Dartmouth Medical School, and was in ROTC at the University of Vermont. He stated that the applicant increased her military commitment after choosing to attend USUHS instead of Dartmouth. He stated that at her briefing at USUHS on 27 January 1983, she did not receive any information concerning constructive service credit, which contradicted the information printed in the USUHS catalog and upon which she based her decision to attend USUHS over Dartmouth.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of her case on 31 May 2001 (AR2000049079).

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. Exactly what prompted the applicant to choose to attend USUHS over Dartmouth cannot be determined. The evidence exists that the Director of Admissions/Registrar of the Medical School provided the correct information concerning the effects of DOPMA on constructive service credit to prospective students in a briefing that she attended on 27 January 1983. Despite counsel’s argument to the contrary, there is no evidence that the applicant relied on misinformation about the effects of DOPMA on constructive service credit to make her decision to attend USUHS.

2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision. Counsel has submitted neither probative evidence nor a convincing argument in support of the request for reconsideration.

3. In view of the foregoing, there is no basis for granting the applicant's request.


DETERMINATION: Counsel has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__SAC _ __MDM__ __RKS__ DENY APPLICATION



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



INDEX

CASE ID AR2001060903
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011213
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 113.00
2. 229
3.
4.
5.
6.



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