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ARMY | BCMR | CY2003 | 2003090692C070212
Original file (2003090692C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 8, 2004
         DOCKET NUMBER: AR2003090692


         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. Jessie B. Strickland Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Ms. Linda M. Barker Member
Mr. John T. Meixell 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, in effect, that her constructive credit be re-calculated and that she be commissioned in the pay grade of O-3 (captain).

2. The applicant states, in effect, that she believes that she should have been commissioned as a captain instead of a first lieutenant (O-2) because doctors and dentists with the same constructive credit enter active duty as captains and veterinarians who enter active duty are promoted to the rank of captain upon completion of the officer basic course.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the United States Army Reserve (USAR) on 22 April 1997, for a period of 8 years, training as a psychological operations specialist, an enlistment bonus and enrollment in the Montgomery GI Bill. She successfully completed her training and was transferred to her troop program unit (TPU). She was promoted to the pay grade of E-5 on 1 December 2000.

2. On 14 June 2002, the applicant graduated from Ohio State University with a Doctorate of Veterinary Medicine (DVM) Degree.

3. On 16 November 2002, the applicant accepted a USAR commission as a first lieutenant (1LT) in the veterinary corps. She was granted 4 years, 2 months and 5 days of constructive service credit and was given a date of rank of 11 September 2000. Her constructive credit was listed on her appointment memorandum at the time she accepted her commission.

4. Army Regulation 135-101 provides the policies, eligibility requirements and processing procedures for the appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty. It provides, in pertinent part, that an individual appointed as a Reserve officer without a concurrent call to active duty who has been granted 3 or more, but less than 7 years of constructive grade credit will be commissioned in the rank of 1LT.

DISCUSSION AND CONCLUSIONS :

1. 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.

2. The applicant was granted constructive credit for her degree and experience in the field in which she was commissioned, for a total of 4 years, 2 months and 5 days. While the applicant may now believe that she should have been given more constructive grade credit, she has failed to show any basis for granting her any additional credit.

3. Accordingly, the evidence of record provides no basis to approve her request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

kan _____ lmb _____ jtm _____ 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.





                  ___Kathleen A. Newman___
                  CHAIRPERSON




INDEX

CASE ID AR2003090692
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040108
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. 229 112.0700/CON SVC
2.
3.
4.
5.
6.


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