RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 August 2005
      DOCKET NUMBER:   AR20040009352


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 his Pay Entry Basic Date (PEBD)
be adjusted to show he entered active duty on 11 August 1978, instead of 11
August 1982 as is currently recorded.

2.  The applicant states, in effect, that his PEBD should be adjusted by
four years based on the 4 years of constructive service credit he was given
at the time of his entry on active duty.  He also claims that officials at
the Fort Rucker Finance Office and Defense Finance Accounting Service
(DFAS) both state he is entitled to four years of credit towards pay
purposes since he entered active duty on 11 August 1982.

3.  The applicant provides the following documents in support of his
application:  Office of the Adjutant General (OTAG), U.S. Army Reserve
Components Personnel and Administration Center (ARPERSCEN) Orders Number
A-07-0010008, dated 19 July 1982; Officer Personnel Utilization System
Worksheet (OTSG Form 303); Disposition Form (Application for Appointment
and Active Duty Orders), dated 8 July 1982; Oath of Office-Military
Personnel
(DA Form 71); Officer Record Brief; DFAS Military Leave and Earning
Statement (DFAS Form 702), dated 30 September 2004; Headquarters (HQ's), US
Army Aviation Center (USAAC) and Fort Rucker Order Number (#) 154-051,
dated 2 June 2004; HQ's USAAC and Ft Rucker Order # 077-1080, dated
17 March 2004; and HQ's USAAC and Ft Rucker Order # 061-1085,
dated 1 March 2004.

CONSIDERATION OF EVIDENCE:

1.  ARPERCEN Order # A-07-0010008 shows the applicant was ordered to active
duty on 8 September 1982, in the rank of first lieutenant/O-1 (1LT/O-1).
The additional instructions portion of these orders confirmed the
applicant’s temporary advancement and commissioning in the grade of
captain/O-3
(CPT/O-3) in the Army of the United States, effective on his date of entry
on active duty, with a promotion eligibility date established as the date
he entered active duty.  These orders also authorized the applicant 4
years, 0 months and
0 days constructive service credit for active duty grade determination.

2.  The Officer Record Brief confirms that the applicant was appointed a
CPT in the Regular Army on 8 September 1982.  This document also shows that
he was promoted to major/O-4 (MAJ/O-4) on 8 September 1988 and to
lieutenant colonel/O-5 (LTC/O-5) on 8 September 1994.  The applicant
currently remains on active duty in the rank of LTC.

3.  During the processing of this case an advisory opinion was obtained
from the Chief, Accessions, Retirements, and Special Actions Branch, Army
Human Resources Command (AHRC).  This official stated that constructive
service credit is not to be confused with years of active duty.  He also
indicated that Medical and Dental Corps officers are awarded constructive
service credit for active duty entry grade determinations only, and that
this credit is not creditable for basic pay or active service purposes.

4.  On 12 April 2005, the applicant was provided a copy of the AHRC
advisory opinion in order to have the opportunity to respond.  To date, he
has failed to reply.

5.  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 grade and date of rank upon
appointment will be determined by the law and regulations in effect on the
date of the appointment.  The regulation stipulates that constructive
service credit will be used to establish entry grade and for date of rank
purposes only.

6.  Volume 7A (Military Pay Policies and Procedures) of the Department of
Defense Financial Management Regulation (DoDFMR), establishes the policy on
the pay and allowances for military personnel.  Paragraph 010102 provides
guidance on the computation of creditable service for the purpose of
establishing a basic pay date and outlines those periods of service that
are creditable for pay purposes.  It states, in pertinent part, that a
period of constructive service awarded prior to 15 September 1981 is
applicable for constructive credit.  However, there are no provisions of
crediting constructive entry grade credit awarded to officers appointed
after 15 September 1981 as creditable service for establishing entitlement
to pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to a four year
adjustment to his PEBD based on his four years constructive service credit
has been carefully considered.  However, there is insufficient evidence to
support this claim.

2.  By law and regulation, constructive service credit is used to determine
a Soldier's entry grade only and/or for date of rank (DOR) adjustments.  In
this case, the four years of constructive service credit awarded the
applicant allowed for his entry on active duty in the rank of CPT, instead
of 1LT.  Constructive service credit is not creditable for active service
or PEBD purposes.  As a result, there is no basis for granting the
requested relief in this case.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PMS_  __YM____  ___LGH_  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.




            ____Paul M. Smith_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR200400093521                          |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/30                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY6                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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