RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 August 2004
      DOCKET NUMBER:  AR2004100116


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 he be awarded additional
constructive credit and that his date of rank to captain be adjusted
accordingly.

2.  The applicant states that he did not get any credit for his prior
commissioned service.  He feels that his 2 years, 5 months and 26 days as a
commissioned officer in the U.S. Public Health Service (USPHS) qualifies
under Department of Defense Instruction (DoDI) 6000.13, paragraph 6.1.1.2
as a one-half day of credit towards his time to next promotion.  He states
that his active date of rank (ADOR) should be approximately 1.25 years
earlier to account for his prior commissioned service as an officer in the
USPHS.

3.  The applicant provides a copy of his promotion orders to captain; his
USPHS statement of service; a DA Form 1506 (Statement of Service – For
Computation of Length of Service for Pay Purposes); his U.S. Total Army
Personnel Command (currently U.S. Army Human Resources Command) active duty
orders; his Public Health Service orders for appointment and call to active
duty; his Public Health Service promotion orders; and his Public Health
Service appointment termination orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's NGB Form 22 (Report of Separation and Record of
Service) shows he served as an enlisted soldier in the Ohio Army National
Guard from
11 March 1987 through 1 May 1995.  His USPHS statement of service shows he
was appointed as a commissioned officer in the Public Health Service on
5 February 1995 and served in this component until 30 July 1997.  His USPHS
statement of service also shows he completed 2 years, 5 months and 26 days
total active service in the Public Health Service.

2.  On 31 July 1997, the applicant was appointed a second lieutenant in the
U.S. Army Reserve (USAR).  His appointment memorandum shows he was not
assigned to a branch of service and was not awarded any creditable service.
 Orders were published subsequent to his appointment which assigned him to
the USAR Control Group.

3.  The applicant was appointed a Medical Corps captain in the USAR on 2
June 2001.  The appointment memorandum shows he was awarded 4 years of
constructive credit.  He was ordered to active duty on 15 June 2001 and
assigned to the Madigan Army Medical Center in Tacoma, Washington.

4.  Department of the Army, U.S. Total Army Personnel Command, Alexandria,
Virginia Order Number 309-002 dated 5 November 2001 shows the applicant's
ADOR to captain as 15 June 2001.

5.  In the processing of this case, an advisory opinion was obtained from
the Office of The Surgeon General (OTSG).  OTSG recommended that the
applicant be granted 1 year, 2 months and 28 days constructive credit for
his prior service in the Public Health Service.  A copy of the advisory
opinion was provided to the applicant.  He concurred with the advisory
opinion.

6.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), effective 15 March
1984, provides policy for the appointment of reserve commissioned officers
for assignment to Army medical branches.  In pertinent part, it states that
the grade and date of rank upon original appointment and assignment to an
Army Medical Department branch will be determined by the number of years of
entry grade credit awarded.  Except as limited by maximum credit limits,
entry grade credit granted will be the sum of constructive service credit
and the credit for prior active commissioned service.  Four years of
constructive credit is awarded for the basic medical degree.  One-half year
credit for each year of extended active commissioned service in other than
the specialty in which being appointed is awarded.  Additional credit may
be awarded based on special education.  The determination will be made by
OTSG or his designee.

7.  DoDI 6000.13, paragraph 6.1.1.2. states that credit for prior service
as a commissioned officer on active duty or in an active status, but not in
the corps or professional specialty in which being appointed, shall be
awarded one-half day of credit for each day served in the case of
individuals seeking an original appointment as a health professions
officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Public Health Service from 5 February 1995
through 30 July 1997.

2.  The evidence of record shows the applicant was appointed as a Medical
Corps captain in the USAR on 2 June 2001.  At that time, he was granted 4
years of constructive credit.

3.  The OTSG recommended that the applicant be awarded an additional 1
year, 2 months and 28 days based on his service in the Public Health
Service.  This correction would also necessitate an administrative
correction to the applicant's date of rank to captain.
BOARD VOTE:

SP______  RO______  EP______  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 he entered active duty on 15 June 2001 as a captain
with 5 years,
2 months and 28 days of constructive credit.

2.  That, after the above correction is made, the date of rank to captain
of the individual concerned be adjusted accordingly.




            Shirley Powell________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100116                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040817                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.0400                                |
|2.                      |102.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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