RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 March 2005
      DOCKET NUMBER:  AR20040002782


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Mr., Antonio Uribe                |     |Member               |

      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 the constructive service credit
he was granted upon his appointment in the Medical Corps (MC) be changed to
11 years, 10 months and 1 day.

2.  The applicant states, in effect, that under the provisions of the
governing regulation, he is authorized additional constructive credit based
on his prior tenure as a commissioned officer in the Regular Army (RA) and
United States Army Reserve (USAR).

3.  The applicant provides the following documents in support of his
application:  Record of Award of Entry Grade Credit (DA Form 5074-R), dated
2 November 1998; United States Total Army Personnel Command (PERSCOM)
Appointment Memorandum, dated 18 November 1998; Four Oaths of Office (DA
Form 71), dated 16 May 1980, 7 September 1982, 31 July 1993 and 18 November
1998, respectively; Oath of Office (NGB Form 337), dated 3 July 2002; Table
3-1, Army Regulation 135-101; Army Medical Department (AMEDD) Recruiting
Office Memorandum, dated 21 January 2004; and United States Army Recruiting
Command (USAREC) E-Mail, dated 3 March 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record contains a DD Form 214 that documents the
applicant’s active duty service from 2 September 1982 through 31 July 1993.
 It confirms he completed a total of 13 years, 10 months and 19 days of
active military service, of which 10 years, 10 months and 29 days was
completed during the period covered by the separation document and 2 years,
11 months and
20 days was prior active duty service.  The separation document also shows
that on the date of his separation, 31 July 1993, he held the rank and pay
grade of captain/0-3 (CPT/0-3).

2.  A Record of Award of Entry Grade Credit Health Services Officers
(DA Form 5074-R) was prepared on the applicant on 2 November 1998 in
connection with his appointment processing.  This document indicates the
applicant was granted 4 years of constructive service credit from his
Doctor of Medicine Degree.  He was also awarded 1 year for his internship
and 4 months and 1 day for his graduate professional education (residency).
 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.

3.  On 18 November 1998, PERSCOM published a memorandum appointing the
applicant a captain (CPT) in the USAR MC.  The appointment memorandum
indicates the applicant was credited with 5 years, 4 months and 1 day of
constructive service credit.

4.  On 3 July 2002, he entered the Pennsylvania Army National Guard
(PAARNG) and on 30 April 2003, he was promoted to major (MAJ).

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, MC Division, Headquarters, USAREC, Fort Knox,
Kentucky.  This USAREC official recommended the applicant’s constructive
service credit be corrected to reflect entry grade credit of 11 years, 11
months and 1 day and that his CPT date of rank be adjusted accordingly.  A
corrected DA Form 5074-R was provided with this advisory opinion.

6.  The corrected DA Form 5074-R provided by USAREC adds 6 years and
7 months of constructive service credit based on the applicant’s prior
commissioned officer service to the 5 years, 4 months and 1 day of
constructive service he already received.  Part II (Computation of Entry
Grade and Date of Rank) confirms he was entitled to a total of 11 years, 11
months and 1 day of entry grade credit, of which 7 years, 11 months and 1
day would be credited for date of rank purposes.  The applicant was
provided a copy of the USAREC advisory opinion and on 21 July 2004, he
concurred with its contents.

7   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 law and regulations in effect
on the date of the appointment will determine the grade and date of rank
upon appointment.

8.  Army Regulation 135-155 (USAR and ARNG Promotion of Commissioned
Officers and Warrant Officers) prescribes policy and procedures used for
selecting and promoting commissioned officers (other than commissioned
warrant officers) of the ARNG and USAR.  Chapter 2 contains guidance on
promotion eligibility criteria.  Table 2-1 contains the time in grade
requirements for commissioned officers.  It states, in pertinent part, that
the maximum time in grade for promotion to MAJ is seven years.  It further
indicates that the maximum time in grade for promotion to lieutenant
colonel (LTC) is announced in annual promotion messages.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was entitled to additional
constructive service credit was carefully considered and found to have
merit.  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.  The USAREC advisory opinion
confirms that, in accordance with the applicable regulations, the applicant
was entitled to receive a total of
11 years, 11 months and 1 day of constructive service credit upon his
appointment in the USAR MC on 18 November 1998.

2.  Based on the policy in effect at the time of his appointment, his
adjusted constructive service credit would have allowed the applicant’s
appointment in the rank of CPT with credit for 7 years, 11 months and 1 day
for date of rank purposes.  Thus, it is concluded that the applicant’s
record should be corrected by adjusting his CPT date of rank to 17 December
1990.

3.  Further, given the applicant has subsequently been promoted to MAJ, it
would also be appropriate to adjust his MAJ date of rank to 16 December
1997 based on the regulatory  maximum time in grade requirement of seven
years.

4.  In view of facts of this case, it would also be appropriate to provide
the applicant any back pay and allowances due based on his CPT and MAJ date
of rank adjustments.

5.  In addition, based on the applicant’s MAJ date of rank adjustment, it
would serve the interest of justice and equity to place his record before a
Special Selection Board (SSB) for promotion consideration to LTC.  The SSB
should consider the applicant for promotion to LTC using the criteria of
all promotion selection boards that would have considered the applicant
based on his adjusted MAJ date of rank of 16 December 1997.  Further, if
the applicant is selected for promotion by the SSB, his LTC date of rank
should be established based on when he would have originally been promoted
and he should be provided any back pay and allowances due as a result.
BOARD VOTE:

___AU  _  __WTM__  __RLD __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing that he was awarded an additional 6 years and 7 months
of entry grade constructive credit; by adjusting his captain date of rank
to 17 December 1990; by adjusting his major date of rank to 16 December
1997; and by providing him any back pay and allowances due as a result.

2.  The corrected record of the individual concerned should also be placed
before a Special Selection Board and he should be considered for promotion
to lieutenant colonel under the criteria of every promotion selection board
that would have considered him based on his adjusted major date of rank of
16 December 1997; and if he is selected for promotion by the Special
Selection Board, his lieutenant colonel promotion effective date and date
of rank should be established as if he had been promoted when originally
considered; and he should be provided any back pay and allowances due as a
result.




            ____Walter T. Morrison____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040002782                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/01                              |
|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.  229  |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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