| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Robert L. Duecaster | Member |
2. The applicant requests, in effect, that he be granted all constructive service credit to which he is entitled for entry grade and time in grade purposes; and that his Basic Active Service Date (BASD) be adjusted to reflect all his creditable active military service towards retirement.
3. The applicant states, in effect, that his appointment and orders to active duty in the Army do not properly reflect all the constructive service credit he was due based on his prior active military service in the United States Navy (USN).
4. The applicant’s military records show that he enlisted in the United States Navy Reserve (USNR) on 22 February 1985. He served on active duty in an enlisted status for 3 months and 5 days between 8 September and 12 December 1985.
5. On 13 February 1985, he was commissioned an ensign in the USN, and he served on active duty in a commissioned officer status for 6 years, 8 months, and 3 days, until being honorably discharged on 15 August 1992.
6. The applicant entered the Uniformed Services University of Health Sciences (USUHS) on 21 August 1995, and he graduated with his medical degree on
14 May 1999. On 15 May 1999, he was appointed a captain (CPT) in the Regular Army (RA) Medical Corps (MC), and he has continued to serve on active duty in that commissioned office status through the present.
7. In connection with the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG). It states that at the time of his appointment, the applicant was entitled to one half day of constructive service credit for each day he served as a commissioned officer in the USN in addition to the four years he received for earning his medical degree at the USUHS. Therefore, OTSG officials recommend that the applicant receive
3 years, 4 months, and 2 days of constructive credit for the time he served as a commissioned officer in the USN, and that his total constructive credit be adjusted to 7 years, 4 months, and 2 days instead of the 4 years he received for his grade determination. The applicant was provided a copy of this advisory opinion and on 14 April 2003, he concurred with its contents.
8. 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 (DOR) within that grade.
CONCLUSIONS:
1. The evidence of record confirms that the applicant completed 6 years,
11 months, and 8 days of prior active military service in the USN, 3 months and
5 days in an enlisted status and 6 years, 8 months, and 3 days in a commissioned officer status.
2. In the opinion of the Board, the applicant’s BASD should be adjusted to account for all his prior active military service. Therefore, it would be appropriate to correct his record to show his BASD is 6 June 1992, based on the 6 years,
11 months, and 8 days of prior active military service he completed in the USN. Further, the Board finds that it would be appropriate to provide the applicant any back pay he is due as a result of this BASD adjustment.
3. The OTSG has determined that the applicant was entitled to a total of 7 years, 4 months, and 2 days of constructive credit upon his 15 May 1999 appointment as a CPT in the MC of the RA. This includes 4 years of credit for his basic qualifying medical degree, and 3 years, 4 months, and 2 days for his prior active duty commissioned officer service in the USN.
4. By regulation, appointment as a MC CPT requires a minimum of 4 years of credit, which in the applicant’s case leaves an additional 3 years, 4 months, and 2 days of constructive credit that should be used to adjust his DOR to CPT. Thus, based on the additional constructive credit awarded by the OTSG, the Board concludes that the applicant’s CPT DOR should be adjusted to 14 January 1996.
5. As a result of the DOR correction outlined in the preceding paragraph, the applicant would have first been eligible for promotion consideration to major (MAJ) by the Fiscal Year 2002 (FY02) Department of the Army (DA) MC MAJ Promotion Selection Board (PSB). Therefore, the Board concludes it would be appropriate to place his records before a Special Selection Board (SSB) for promotion reconsideration under the criteria used by FY02 PSB, and any other PSB that would have considered him for promotion based on the adjusted DOR.
6. In addition, in the event the applicant is selected for promotion to MAJ by a SSB, the Board also concludes that his promotion effective date and DOR to MAJ should be established as the date it would have been had he been selected by the original PSB, and he should be provided any back pay and allowances due as a result.
7. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by:
a. adjusting the BASD of the individual concerned to 6 June 1992;
b. showing that upon his appointment in the MC of the RA on 15 May 1999, he received 3 years, 4 months, and 2 days of constructive credit beyond that required for his entry grade of CPT, and DOR was established as
14 January 1996 accordingly;
c. submitting his records to a duly constituted SSB for promotion reconsideration to MAJ under the criteria followed by any PSB that would have considered him for promotion based on his adjusted DOR of 14 January 1996; and
d. in the event he is selected for promotion to MAJ by the SSB, by establishing his promotion effective date and DOR to MAJ as the date it would have been if he were selected by the original PSB.
2. That the individual concerned be provided all back pay and allowances due as a result of the adjustment to his BASD, and to which he may be entitled in the event of his selection for promotion to MAJ by the SSB.
BOARD VOTE:
__MM_ __SAC_ _RLD_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Samuel A. Crumpler
CHAIRPERSON
| CASE ID | AR2002081548 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/05/08 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 102.0800 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050017486C070206
A DA Form 1506 on file in the applicant's record shows that he completed 9 years, 2 months, and 10 days of active military service on active duty between 22 May 1985 and 1 August 1994, and that he was credited with completing 115 days of active service in the USAR between 2 August 1994 and 14 July 1996, prior to entering the HPSP. The governing DODI stipulates that in the case of individuals seeking an original appointment as a health professions officer, 1/2 day of constructive credit will...
ARMY | BCMR | CY2009 | 20090003377
The applicant requests: a. recalculation of the constructive credit on his DA Form 5074-4R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 13 April 2000 to show additional commissioned officer service for the period 7 November 1992 through 4 March 1994; and b. correction of his date of rank (DOR) to major (MAJ) to reflect the additional service credit. Part II - Prior Active Commissioned Service Credit of the DA Form 5074-4R, shows in Section B - Credit for...
ARMY | BCMR | CY2014 | 20140007116
As a result, they recently issued a corrected appointment memorandum awarding him 7 years, 4 months, and 1 day time in grade (TIG) upon his appointment as a chaplain 1LT. e. besides the error with the applicant's appointment rank, the applicant was wrongly not considered for promotion to CPT, MAJ, and LTC at the appropriate times and with the appropriate year groups. d. If before the SSB process is completed he is removed from the Reserve active status list: (1) Correct his records by...
ARMY | BCMR | CY2013 | 20130015608
These orders stated, in part, "[Effective] on the date of entry on [active duty], you are appointed in the [Reserve grade] of CPT and placed on the ADL in the [grade] of CPT [in accordance with Army Regulation] 135-101 [Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches]." c. Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which...
ARMY | BCMR | CY2011 | 20110020576
The applicant requests correction of his records to show he was granted the appropriate amount of constructive credit upon entry in the U.S. Army, adjustment of the effective dates and dates of rank (DOR) for his subsequent promotions, and payment of all back pay due as a result of the corrections. Headquarters, Walter Reed Army Medical Center, Washington, DC, Orders 149-02, dated 29 May 2007, that reassigned the applicant from the USUHS Student Detachment, Bethesda, MD, to the USA Center...
ARMY | BCMR | CY2007 | 20070001017C071108
The applicant requests, in effect, award of additional commissioned service credit (CSC) for his active duty service, and an adjustment of his date of rank for captain. The evidence of record confirms the Army granted the applicant a total of 4 years of constructive credit when he was appointed in the rank and grade of CPT/O-3, upon entry onto active duty and given an adjusted date of rank (ADOR) of 19 May 2001. Therefore, based on the fact that the applicant was originally credited with 4...
ARMY | BCMR | CY2003 | 2003084855C070212
The applicant requests, in effect, that his major (MAJ) date of rank (DOR) be adjusted to 30 June 1994 based on the constructive credit he received upon his appointment in the United States Army Reserve (USAR). The record also confirms that based on the applicant’s constructive service credit his PED to MAJ would have been established as 30 June 1994; however, he remained in training in the STRAP through 30 June 1996, and at the applicant’s request in an application to this Board, action...
ARMY | BCMR | CY2010 | 20100015812
The applicant requests correction of his date of rank (DOR) to captain (CPT) from 19 May 2007 to 16 August 2004 and consideration by a special selection board (SSB) for promotion to major (MAJ). Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.2, states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be...
ARMY | BCMR | CY2004 | 20040002782C070208
Finally, based on his total constructive service credit of 5 years, 4 months and 1 day, he was appointed in the rank of CPT and given a date of rank of 17 July 1997. By regulation, authorized constructive service credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade. Based on the policy in effect at the time of his appointment, his adjusted constructive service credit would have allowed the...
ARMY | BCMR | CY2011 | 20110001877
The applicant states the following: a. having graduated from the USMA in 1994, he entered active duty in the rank of second lieutenant (2LT); b. upon completion of 2 months active duty service, he was released from active duty (REFRAD) to join the U.S. Army Reserve (USAR) and attend medical school; c. upon completion of medical school in 1998, he reentered active duty in the rank of captain (CPT) with the DOR corresponding to his date of graduation from medical school; d. he should receive a...