MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001061284

         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. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyi		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: In effect, that her total service creditable for pay purposes be changed from 23 years, 7 months, 21 days to 28 years and
7 months.

APPLICANT STATES: In effect, that the difference in the total service she is currently credited with, and that which she requests represents the 5 years of constructive service credit she derived from her completion of medical school and her internship.

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

On 29 March 1976, a Physician Temporary/Entry Grade and Pay Worksheet (ATC Form 1431) was completed on the applicant in connection with her processing to enter active duty in the United States Air Force (USAF). This document confirms that she was granted 5 years of constructive credit for pay purposes and qualified for the entry level grade of major/0-4 (MAJ/0-4).

The applicant was appointed in the USAF on 29 June 1976, and entered active duty on 1 August 1976. She served on active duty in the USAF for 12 years and 12 days until being honorably released from active duty on 12 August 1988, for voluntary miscellaneous reasons, in the rank and pay grade of lieutenant colonel/0-5 (LTC/0-5). The applicant provides a pay document that shows that her pay date in the USAF was established as 29 June 1971, which includes
5 years of constructive credit based on her completion of medical school and her internship.

On 2 August 1990, a Record of Award of Entry Grade Credit, Medical and Dental Officers, (DA Form 5074-R) was completed on the applicant in connection with her appointment in the United States Army Reserve (USAR). This document confirms that she was granted a total of 28 years and 11 days of constructive credit, which qualified her for an entry level grade of LTC/0-5 with 7 years and
11 days of time in grade. Included in this constructive credit, was the 5 years she was granted prior to her appointment as a MAJ/0-4 in the USAF and her active duty service in the USAF.

On 22 March 1991, an appointment letter was published by the Total Army Personnel Command, St. Louis, Missouri, which appointed the applicant a LTC/0-5 in the USAR. This document confirms that she was being appointed in the highest grade she held and was receiving an additional 7 years and 11 days of time in grade.

On 18 May 2000, a summary of retired pay account on the applicant, prepared by the Defense Finance and Accounting Service (DFAS), Cleveland, confirms that she was retired on 20 February 2000, and that her basic pay rate was based on the completion of 23 years, 7 months, and 21 days of service.

---

In connection with the processing of this case, an advisory opinion was requested of and received from the Director, Health Services, Army Reserve Personnel Command (ARPERSCOM), who indicated that no further constructive credit is warranted in the applicant’s case. The opinion indicates that the constructive credit the applicant requests is circumvented by the reappointment letter issued to her on 22 March 1991, which authorized her appointment in the USAR as LTC/0-5 with 7 years and 11 days of time in grade. The constructive credit awarded to support this entry grade of LTC/0-5 included the 5 years of constructive credit previously awarded by the USAF for medical school and her internship that was used to establish her USAF pay date. In addition, it is pointed out that the maximum pay scale for a LTC/0-5 is reached at 22 years of longevity and the applicant has 23 years, 7 months, and 21 days credited for this purpose. Therefore, any additional longevity would not increase the amount of her retired base pay.

On 10 May 2001, the applicant was provided a copy of the ARPERSCOM advisory opinion in order to be provided the opportunity to reply. To date, she has failed to respond.

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). Paragraph 3-4 (Transition Credit) states, in pertinent part, that the grade and date of rank upon appointment will be determined by the law and regulations in effect on the date of the appointment.

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. It states, in pertinent part, that a period of constructive service awarded prior to
15 September 1981, the period of constructive service is not lost if there is a break in service either prior to or after that date.

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 applicant’s contention that her total service creditable for pay purposes should be changed from 23 years, 7 months, 21 days to 28 years and 7 months. However, it finds no evidentiary basis to support this claim.

---

2. The evidence of record does confirm that the applicant was granted 5 years of constructive service credit based on her medical degree and her internship prior to her being appointed in the USAF in 1976. However, it is also clear that she was credited with this same constructive credit previously granted by the USAF when she was appointed a LTC/0-5 in the USAR in 1991. Thus, the Board finds the applicant did not lose any constructive credit awarded prior to 15 September 1981.

3. In addition, the applicant’s pay date was appropriately established based on the laws and regulations in effect on the date of her appointment as a LTC/0-5 in the USAR in 1991. Further, the Board finds no injustice related to this procedure, given it does not impact the applicant’s retired basic pay rate nor would a correction to or change in her pay date result in her receiving increased retired pay.

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.

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

__FNE__ ___LE___ ___TL___ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001061284
SUFFIX
RECON
DATE BOARDED	2002/03/28
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. 303	129.0100
2.
3.
4.
5.
6.