RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 August 2006
      DOCKET NUMBER:  AR20050017486


      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:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, adjustment of his Major (MAJ) date
of rank (DOR) to 31 August 2001.

2.  The applicant states, in effect, he was commissioned and entered active
duty on 22 May 1985, and he served until 1 August 1994.  He claims that
from
2 August 1994 through 14 July 1996, he completed 115 days of active duty
for training (ADT) while a member of the United States Army Reserve (USAR);
however, these days were not captured upon his reentry on active duty on
3 June 2000.  He claims a re-computation was done that included these 115
days of ADT and this resulted in an adjustment to his basic active service
date (BASD) from 23 March 1991 to 28 November 1990.  However, his DOR could
not be adjusted by local personnel officials.  He states that the governing
regulation provides for granting 1/2 day of constructive service credit for
prior commissioned officer service upon entry into the Medical Corps (MC).
Therefore, the 115 days of ADT in a prior commissioned officer status
should provide him 57.5 (rounded to 58 days) of constructive service credit
upon his entry into the MC, which should result in an adjustment of his
entry DOR to captain to 31 August 1995.  He claims he was promoted to MAJ
exactly six years after he entered the MC, and as a result of the
adjustment of his CPT DOR to 31 August 1995, his MAJ DOR should be adjusted
to 31 August 2001.  He also claims he should be provided the difference in
back pay based on these adjustments.

3.  The applicant provides the following documents in support of his
application:  Statement of Service (DA Form 1506), dated 16 June 2000; DA
Form 1506, dated 24 May 2001; Electronic Mail (e-mail) Message, Subject:
BASD Adjustment, dated 15 January 2002; Promotion Order; and Pay Chart,
dated
1 July 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was initially commissioned a
second lieutenant (2LT) in the Military Intelligence Corps and entered
active duty on
22 May 1985.  He served on active duty for 9 years, 2 months and 10 days
until being honorably separated from active duty and transferred to the
USAR on
1 August 1994.

2.  On 15 July 1996, the applicant entered the Health Professionals
Scholarship Program (HPSP) and he attended medical school until 5 May 2000.


3.  On 3 June 2000, he was appointed a CPT in the MC and entered active
duty in that status.  United States Total Army Personnel Command (PERSCOM)
Orders Number A-03-003297, dated 20 March 2000, ordered the applicant to
active duty in the MC on 3 June 2000.  These orders confirm he was awarded
a total of 8 years, 7 months, and 5 days of constructive service credit in
conjunction with his appointment in the MC and order to active duty.  Based
on the constructive service credit he was appointed as a CPT and his DOR
was established as 28 October 1995.

4.  A DA Form 1506 on file in the applicant's record shows that he
completed
9 years, 2 months, and 10 days of active military service on active duty
between 22 May 1985 and 1 August 1994, and that he was credited with
completing
115 days of active service in the USAR between 2 August 1994 and 14 July
1996, prior to entering the HPSP.

5.  United States Army Personnel Command Orders 261-023, authorized the
applicant's promotion to MAJ, with an effective date of promotion and DOR
of
28 October 2001.

6.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Graduate Medical Education Division, Office of the
Surgeon General (OTSG).  This official states that the applicant is
requesting additional constructive service credit for 115 days of active
service he completed prior to entering the MC, and that a review of his
record confirms he completed this service in the USAR prior to being
commissioned in the MC.  She further confirms that this time was not
calculated in the original constructive credit computation, and that in
accordance with the governing Department of Defense Instruction (DODI),
service on active duty, or in an active status of the USAR as a
commissioned officer shall be awarded 1/2 day of credit for each day
served.  Therefore, the OTSG recommends the applicant be awarded 1/2 day of
credit for each of the 115 days, which equals 58 days, and that it be added
to his DOR.

7.  On 10 August 2006, the applicant provided an electronic message (e-
mail) concurring with the OTSG advisory opinion.

8.  DODI 6000.13, Subject:  Medical Manpower and Personnel, provides the
policy on awarding constructive credit.  Paragraph 6.1 states that the
entry grade credit to be awarded shall equal the sum of constructive
service credit and prior commissioned service credit except in cases whet
the totals exceed the maximum credit allowed.  It further stipulates that a
period of time shall be counted only once.
9.  Paragraph 6.1.1.2. of the same DODI states 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 1/2 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's contention that he should have been awarded additional
constructive service for the 115 days of commissioned officer service he
completed in the USAR was carefully considered and found to have merit.

2.  The governing DODI stipulates that in the case of individuals seeking
an original appointment as a health professions officer, 1/2 day of
constructive credit will be awarded for each day served 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.

3.  The evidence of record confirms the applicant completed 115 days of
commissioned officer service in the USAR in an active status prior to his
appointment in the MC that was not included in his original constructive
service computation, as confirmed by the OTSG advisory opinion.  Therefore,
under the governing DODI, he was entitled to receive 1/2 day of
constructive service credit for this 115 days of qualifying service, which
would equal 58 days, upon his appointment in the MC; however, this service
was erroneously omitted from the constructive service computation done on
him at the time.

4.  In view of the facts of this case, it would be appropriate to correct
his record to show he was awarded 8 years, 9 months, and 3 days of
constructive service credit upon his appointment in the MC on 3 June 2000,
and that of this total,
4 years was required for appointment grade, and 4 years, 9 months, and 3
days was applied to his CPT DOR.  His record should also be corrected to
show that based on this constructive service credit, his CPT DOR was
established as
31 August 1995.

5.  Further, based on the adjustment to his CPT DOR, his promotion
effective date and DOR to MAJ should be adjusted to 31 August 2001, and he
should be provided all back pay and allowances due as a result of these
corrections to his promotion effective dates and dates of rank to CPT and
MAJ.

BOARD VOTE:

___JRM _  __SWF__  __RCH__  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:

      a.  showing he was awarded a total of 8 years, 9 months, and 3 days
of constructive service credit upon his 3 June 2000 appointment in the MC;

      b.  showing his CPT DOR was established as 31 August 1995;

      c.  showing that his promotion effective date and date of rank to MAJ
was 31 August 2001; and

      d.  providing him all back pay and allowances due as a result of
these corrections to his CPT and MAJ dates of rank and promotion effective
dates.




                                  _____Jeanette R. McCants_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017486                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/24                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  229  |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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