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ARMY | BCMR | CY2002 | 2002073293C070403
Original file (2002073293C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002073293


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

Mr. Carl W. S. Chun Director
Mr. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that he be awarded 4 years [entry grade] constructive service credit for his education, authorized back pay and that he be considered for promotion to captain by a special promotion selection board.

3. The applicant states, in effect, that with a qualifying doctoral degree in clinical psychology he is entitled to 4 years constructive service credit. He submits a photocopy of his diploma showing he was awarded a Doctor of Philosophy in Clinical Psychology on 29 August 1997. He indicates that he only recently received a copy of his DA Form 5074-1-R, Record of Award of Entry Grade Credit (Health Service Officers), and became aware of this error.

4. The applicant’s military records show that he was appointed an Army Reserve (USAR) second lieutenant with a pay entry base date and a date of rank of 24 September 1997. Effective 5 December 1998, he was appointed a Medical Service Corps second lieutenant. He received no constructive service credit.

5. During the processing of this case an advisory opinion was obtained from the Chief, Medical Service Corps Division, Army Recruiting Command. It advised that the applicant should receive 4 years, 0 months and 0 days of entry grade credit. A revised DA Form 5074-1-R reflecting this change and showing a date of rank as a first lieutenant of 24 September 1995 was provided.

6. The advisory opinion and revised DA Form 5074-1-R were forwarded to the applicant and he concurred.

CONCLUSIONS:

1. The applicant should be authorized back pay based upon the entry grade credit and the changed date rank.

2. If appropriate, he should be considered by a special selection board for promotion to captain based upon his new date of rank and he should be promoted and paid, if selected.

3. In view of the foregoing, correcting the applicant’s records as recommended below would correct errors and rectify an injustice.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was; effective 24 September 1997, appointed a Reserve first lieutenant with a date of rank of 24 September 1995 and is authorized any back pay accruing.


2. If appropriate, he should be considered by a special promotion selection board for promotion to captain and, if selected, should be promoted and paid.

BOARD VOTE:

__MKP__ __JLP___ __MMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson________
                  CHAIRPERSON




INDEX

CASE ID AR2002073293
SUFFIX
RECON
DATE BOARDED 20030114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION , GRANT
REVIEW AUTHORITY
ISSUES 1. 129.01
2.
3.
4.
5.
6.


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