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ARMY | BCMR | CY2003 | 2003087290C070212
Original file (2003087290C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 December 2003
         DOCKET NUMBER: AR2003087290


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Mr. Patrick H. McGann 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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that she be given constructive service credit for her masters degree in pathology.

2. The applicant states that she had two advanced degrees when she was commissioned as an officer. She had a masters degree in pathology and a doctor of medicine degree. She wasn’t aware at the time of her commission that she was eligible for constructive service for her masters degree as well as her doctor of medicine degree. If her request for additional constructive service is approved, she also requests that she be considered by a standby promotion board for promotion to major under Fiscal Year 2002 promotion criteria.

3. The applicant provides university documents showing that she was bestowed a masters degree in pathology on 6 June 1997, and documents showing that she was given 4 years of constructive service credit at that time of her commission.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records show that, on 21 March 1997, orders were published which show the applicant was commissioned as a captain, Medical Corps, based on 4 years of constructive service credit. She was to report to fulfill her active Army requirement on 13 June 1997.

2. On the date the applicant submitted her request to the Board, she was serving on active duty as a captain.

3. In the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The OTSG quotes the law which states that a period of time will only be counted once when computing entry grade credit. The OTSG continues that in the applicant’s case, she earned and was awarded both degrees simultaneously. The OTSG recommends no additional service credit be awarded to the applicant. The applicant was furnished a copy of this advisory opinion and given the opportunity to submit additional matters to the Board. She opted not to respond.

DISCUSSION AND CONCLUSIONS:

1. Since a period of time may only be counted once in computing entry grade credit, and since the applicant earned both degrees simultaneously, she is not entitled to any additional constructive service credit.

2. Unless the applicant can show that her university transcripts are in error, there is insufficient basis in which to grant her request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

___phm___ ___mhm ___fne__ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




                  _________Fred N. Eichorn_____________
                  CHAIRPERSON





INDEX

CASE ID AR2003087290
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031202
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.
2.
3.
4.
5.
6.


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