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ARMY | BCMR | CY2006 | 20060004205C070205
Original file (20060004205C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 January 2007
      DOCKET NUMBER:  AR20060004205


      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. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Health Professionals Pay Entry Date
(HPPED) be corrected to give him the credit to which he is entitled.

2.  The applicant states that he was not given HPPED credit to which he was
entitled upon his entry on active duty.

3.  The applicant provides a certificate showing that he served as a
dermatology fellow in cosmetic and laser surgery from 1 July 2004 to 30
June 2005; a certificate showing that he attended his residency in
dermatology from 1 July 1998 to 30 June 2001; an academic transcript
showing that he graduated with a Doctor of Osteopathy on 25 May 1996; and
his board certification in dermatology.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant, Supply and
Material Management, and performed active duty from 14 June 1989 to 1
August 1992.  He was transferred to the US Army Reserve (USAR) Control
Group (Reinforcement) as a first lieutenant at that time.

2.  The applicant was commissioned as a Medical Corps officer and performed
active duty from 14 June 1996 to 20 June 2004.  He was transferred to the
USAR Control Group as a major at that time.

3.  On 11 November 2005, the applicant was promoted to lieutenant colonel,
USAR.

4.  On 6 February 2006, active duty orders were issued on the applicant.
Those orders stated “Officer has 4 years 0 months 0 days HPPED creditable
service upon EAD [Entry on Active Duty].”

5.  Title 37, US Code, Section 302 (g), states that for purposes of this
section, creditable service of an officer is computed by adding (1) all
periods which the officer spent in medical internship or residency training
during which the officer was not on active duty; and (2) all periods of
active service in the Medical Corps of the Army or Navy, as an officer of
the Air Force designated as a medical officer, or as a medical officer of
the Public Health Service.


6.  In the processing of this case, an advisory opinion was obtained from
the US Army Recruiting Command (USAREC).  The USAREC recommended that the
applicant’s HPPED be adjusted to reflect 13 years, 2 months, and 6 days.

7.  Also obtained in the processing of this case was an advisory opinion
from the Office of The Surgeon General (OTSG).  The OTSG recommends that
the applicant be given credit for his period of active duty as a medical
corps officer
(8 years and 17 days) and for his civilian fellowship not performed on
active duty from 1 July 2004 to 30 June 2005 (1 year).  The applicant was
provided copies of these advisory opinions and responded, in effect, that
he would like the correction made as soon as possible.

DISCUSSION AND CONCLUSIONS:

1.  In accordance with Title 37, US Code, Section 302 (g), the applicant is
entitled to have his HPPED established based on credit for all periods
which he spent in medical internship or residency training during which he
was not on active duty; and all periods of active service in the Medical
Corps.

2.  The applicant served on active duty as a Medical Corps officer from 14
June 1996 to 20 June 2004, a period of 8 years and 17 days.  The applicant
served as a dermatology fellow in cosmetic and laser surgery from 1 July
2004 to 30 June 2005, a period of 1 year.  As such, the applicant is
entitled to have his HPPED established based on 9 years and 17 days.

3.  The applicant’s residency in dermatology from 1 July 1998 to 30 June
2001 is not creditable towards establishing his HPPED because he was on
active duty during that time.

BOARD VOTE:

___rtd___  ___mjf___  ___mjnt_  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
showing his HPPED was established based on 9 years and 17 days creditable
service when he entered active duty on 22 February 2006.




                                  ___________Richard T. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004205                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070125                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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