RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2005
DOCKET NUMBER: AR20050009378
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley L. Powell | |Chairperson |
| |Mr. Melvin H. Meyer | |Member |
| |Mr. Allen L. Raub | |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 that his date of rank as a captain (O-3) be
corrected to reflect credit for his previous commissioned service.
2. The applicant states that he was not given credit for his previous
commissioned service. He had completed the Reserve Officer Training Corps
(ROTC) program and served as a military intelligence officer prior to
entering the Uniformed Services University of Health Sciences (USUHS) for
medical school.
3. The applicant provides copies of his 6 August 2002 DD Form 214
(Certificate of Release or Discharge from Active Duty); 19 May 1997 oath of
office as an Army Reserve (USAR) second lieutenant; 10 February 1998 orders
to active duty; 7 August 2000 oath of office, as a USAR, Medical Service
Corps (MSC), second lieutenant; 7 July 2000 orders to active duty; 11 March
2003 orders to Brooke Army Medical Center, Houston, Texas; his Doctor of
Medicine diploma from USUHS and his 15 May 2004 oath of office as a Regular
Army, Medical Corps captain.
CONSIDERATION OF EVIDENCE:
1. The applicant completed ROTC at Wake Forest University and was
appointed a USAR second lieutenant on 19 May 1997. He served on active
duty as a military intelligence officer from 20 February 1998 to 6 August
2000, a period of 2 years, 5 months, and 17 days.
2. On 7 August 2000 he was appointed a USAR, MSC second lieutenant and
entered active duty on the same day to complete medical school at USUHS.
3. On 15 May 2004, he received his MD degree, executed the oath of office,
and was appointed a Regular Army, Medical Corps captain.
4. His DA Form 4037 (Officer Record Brief) shows his date of rank as 15
May 2004, the day of his appointment.
5. Department of Defense Instruction 6000.13 (Medical Manpower and
Personnel) provides the guidance for the procurement and appointment of
active duty medical officers. It provides, in pertinent part, that service
on active duty or in an active status as a commissioned officer in any of
the Uniformed Services, 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.
6. During the Processing of this case an advisory opinion was obtained
from the Office of The Surgeon General. The Chief, Graduate Medical
Education Division noted that Department of Defense Instruction (DODI)
6000.13 provides the guidance for appointment of medical officer and
stipulates for credit for prior active duty service at the rate of one-half
day for each day served. She cited the DA Form 5074-R (Record of Entry
Grade Credit (Medical and Dental Officers) and opined that the 01 year, 02
months, and 23 days of prior service credit afforded the applicant was
appropriate. The advisory opinion was provided to the applicant for
possible rebuttal or comment. No response was received.
7. The DA Form 5074-R shows the applicant was afforded 4 years, 00 months,
and 00 days constructive credit for his medical degree and appointed a
captain. He also received 01 year, 02 months and, 23 days prior service
credit "IN EXCESS OF THAT REQUIRED FOR GRADE."
DISCUSSION AND CONCLUSIONS:
1. The applicant 's constructive service credit and prior service credit
were calculated properly when he was appointed a Medical Corps captain on
15 May 2004. Combined they totaled 05 years, 02 months, and 23 days.
2. The first 4 years were applied as the time in service required to
appoint him as a captain; however, the remaining 01 year, 02 months, and 23
days were not applied to his date of rank.
3. The applicant's 15 May 2004 date of rank as a captain should be
corrected to 22 February 2003.
BOARD VOTE:
___ALR__ __MHM _ __SLP _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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
correcting his date of rank as a captain to 22 February 2003.
__ Shirley L. Powell______
CHAIRPERSON
INDEX
|CASE ID |AR20050009378 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051213 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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