RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 January 2006
      DOCKET NUMBER:   AR20050004552


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 captain (CPT) date of rank
be changed from 30 June 1994 to 30 June 1993.

2.  The applicant states, in effect, that he was commissioned a CPT on 30
June 1993 when he graduated from medical school and that his DOR should be
adjusted accordingly.

3.  The applicant provides the following documents in support of his
request:  Oath of Office - Military Personnel (DA Form 71); United States
Army Total Army Personnel Command (PERSCOM)-St. Louis Memorandum, dated 6
June 1993; and Officer Record Brief (DA Form 4037).

CONSIDERATION OF EVIDENCE:

1.  The applicant was originally appointed a United States Army Reserve
(USAR) second lieutenant (2LT-O1) in the Reserve Officer Training Corps
(ROTC) on 13 May 1989.

2.  On 24 July 1989, the applicant submitted an Application for Initial
(Educational) Delay from Entry on Active Duty and Supplemental Agreement
(DA Form 591).  He requested an educational delay from entry on active duty
for the period May 1989 through June 1993, in order to pursue fulltime
graduate studies leading to a Doctor of Medicine Degree in the field of
medicine.

3.  On 8 September 1989, his request was approved and he was assigned to
USAR Control Group, (Officer Active Duty Obligor (OADO)) effective 13 May
1989, in Headquarters, United States  Army Third Region, United States Army
ROTC Cadet Command Orders Number (#) 170-2, dated 7 September 1989.  On 12
May 1992, he was promoted to the rank of first lieutenant (1LT/O-2).

4.  On 8 May 1993, the applicant was granted a five year deferment from
active duty to complete a civilian residency program in General Surgery.
He was advised that the five year deferment would end sooner if after he
entered training it was interrupted, terminated, or completed sooner.

5.  On 6 June 1993, PERSCOM-St. Louis published a memorandum appointing the
applicant a CPT in the United States Army Reserve (USAR).  This document
confirms he was granted 4 years, 0 months, and 0 days of constructive
service credit at that time.

6.  On 30 June 1996, the applicant was ordered to active duty in the rank
of CPT in the Medical Corps (MC) and given an adjusted date of rank (ADOR)
of 30 June 1994.

7.  During the processing of this case an advisory opinion was obtained
from the Deputy Chief, Promotions Branch, Army Human Resources Command
(AHRC).  This official stated that the applicant entered active duty on 30
June 1996 as a CPT and was credited with 6 years constructive service
credit.  It also confirmed that 4 of the years of constructive service
credit was applied to support his appointment grade of CPT, and the
additional 2 years was used to adjust his CPT DOR to 30 June 1994.  The
official further recommended that the applicant's request be denied.

8.  On 19 May 2005, the applicant was forwarded a copy of the advisory
opinion for his rebuttal or comments.  To date, he has failed to respond.

9.  A review of the Reserve Database Maintenance System confirms that the
applicant was assigned in the USAR Control Group, OADO in an inactive
status prior to entering active duty on 30 June 1996.

10.  The Office of The Surgeon General, Graduate Medical Education Branch,
confirms that Reserve Officers who are granted an educational delay from
entrance on active duty to complete medical education are placed in the
USAR in an inactive status.

11.  Army Regulation 600-8-29 (Officer Promotions) prescribes policy and
procedures for the promotion of Army commissioned and warrant officers on
the ADL.  Paragraph 1-39 of the regulation in effect at the time provided
guidance on determining active DOR for other than Regular Army officers
above the grade of second lieutenant.  Paragraph 1-39b(2) states, in
effect, that officers serving in the grade of their most recent original
appointment will have their DOR established by adding constructive service
credit awarded and any service completed in an active status since the date
of the appointment.

12.  Paragraph 1-41 of the officer promotions regulation in effect at the
time provided guidance on the grade and active date of rank of other than
Regular Army commissioned officers assigned to an Army Medical Department
Corps upon placement on the ADL.  Paragraph 1-41c stated that if an officer
is ordered to active duty and placed on the ADL in the Reserve grade
currently held (without a concurrent new original appointment), the active
date of rank would be the effective date of placement on the ADL backdated
by either 3 years or the period calculated under paragraph 1-39b, whichever
is less.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his DOR should be adjusted from 30
June 1993 instead of 30 June 1994, and the supporting documents he provided
were carefully considered.  However, there is insufficient evidence to
support this claim.

2.  By regulation, other than active duty officers serving in the grade of
their most recent original appointment will have their DOR established by
adding constructive service credit awarded and any service completed in an
active status since the date of the appointment.  The AHRC advisory opinion
confirmed that prior to entering active duty, the applicant was given 6
years constructed service credit.  Of the 6 years of constructive service
credit, 4 years was applied to support his appointment grade of CPT, and
the additional 2 years was used to adjust his CPT DOR to 30 June 1994.

3.  By regulation, had the applicant been in an active Reserve status prior
to entering active duty, his date of rank could have been backdated up to
three years.  However, the RDMS confirms he was in an inactive status prior
to his entrance on active duty.  Therefore, he does not qualify for a
further adjustment to his date of rank under active status provisions of
the regulation, and there is an insufficient evidentiary basis to support
granting the requested relief.

4.  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

___WDP_  __TMR__  __RJF __  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.




            ____William D. Powers____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004552                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2006/01/05                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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