RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      7 December 2006
      DOCKET NUMBER:  AR20060004919


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, award of constructive service credit
(CSC) for his prior commissioned service as a pharmacy officer to apply
toward his present rank as a medical corps (MC) officer for the purpose of
meeting eligibility for the 2006 Army Medical Department (AMEDD) lieutenant
colonel promotion board.

2.  The applicant states, in effect, that he was not awarded prior CSC
during his recommissioning into the MC branch.  He also states that he had
held the rank for captain for over 9 years, both as a pharmacy officer and
as a MC officer prior to receiving a promotion to major.  No consideration
was given to his time in grade during the recommissioning process.  He is
currently ineligible for the upcoming AMEDD lieutenant colonel promotion
board because his date of rank exceeds the limits by 7 days.  He further
states that his records should be corrected because he is a MC officer who
is a dedicated professional, who is committed to the US Army, and is
interested in providing the best possible care for our American Soldiers.

3.  The applicant provides copies of 1989 and 1994 DA Form 5074-1-R and DA
Form 5074-R (Record of Award of Entry Grade Credit (Health Services
Officers)), his appointment memorandum in the medical services (MS) Corps,
his appointment memorandum in the MC branch, and Army Regulation 135-101,
Table 3-1, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was awarded a Bachelor
of Science (BS) degree in Pharmacy from Ohio State University on 14 June
1985.

2.  His DA Form 5074-1-R, dated 17 August 1989, shows he was awarded 1 year
CSC for his basic qualifying degree (BS/Pharmacy) and 2 years, 1 month, and
8 days CSC for his professional experience, pharmacist – inclusive dates
from 15 June 1985 to 30 August 1989.

3.  He was appointed in the United States Army Reserve (USAR), MS Corps, as
a first lieutenant, effective 22 September 1989, with 3 years, 1 month, and
8 days CSC.

4.  His DA Form 5074-R, dated 24 October 1994, shows he was awarded 4 years
CSC for his basic qualifying degree (Doctor of Medicine) and 5 months CSC
for his internship from July 1994 through July 1995.  Four years and 5
months CSC was applied toward his entry grade of captain.

5.  He was appointed in the USAR, MC, as a captain, effective 25 October
1994, with 4 years, 6 months and 1 day CSC.  At the time of his
appointment, his date of rank for captain was adjusted to 24 April 1994,
based on his excess of 6 months and 1 day CSC.

6.  He was not granted CSC for his prior commissioned service from
22 September 1989 to 29 August 1990 (11 months and 7 days, which he should
have been awarded half credit for every year as a MS officer).  This
calculates to 5 months and 18.5 days CSC he should have received, in
addition to the 4 years, 6 months, and 1 day he received, for an adjusted
date of rank for captain of 5 November 1993, based on the 11 months and
19.5 days excess CSC.

7.  Based on an adjusted date of rank for captain of 5 November 1993, and
completion of the required 7 years maximum time in grade (MTIG), his MTIG
date for major was 4 November 2000.

8.  The Secretary of the Army established the promotion zone for the 1999
Major AMEDD Reserve Components Selection Board (RCSB) for officers with
dates of rank for captain of 16 May 1993 and earlier.  The established
promotion zone for the 2000 Major AMEDD RCSB was for officers with dates of
rank for captain of 16 May 1994 and earlier.

9.  He was considered and selected for promotion to major by the 2000 AMEDD
RCSB that convened on 11 January and recessed on 4 February 2000.  The
Secretary of the Army approved the board results on 25 June 2000.

10.  His officer evaluation report (OER) for the period ending 31 May 2000
shows that on the board's approval date he met the height and weight
standards.

11.  He was promoted to major effective 7 April 2001.

12.  In an advisory opinion, dated 17 May 2006, the Director, AMEDD Region,
Human Resources Command, St. Louis, Missouri, stated that the applicant was
appointed as a pharmacy officer on 22 September 1989.  At that time he was
given 3 years, 1 month, and 8 days CSC toward his rank and he was appointed
as a first lieutenant, MS officer.  He served as a MS officer until he was
reappointed as a MC officer on 25 October 1994.  At that time, he was given
4 years, 6 months, and 1 day CSC toward his rank and was appointed as a
captain, MC officer.  This is listed on his appointment letter dated 25
October 1994.  On his DA Form 5074-R, the applicant was given 4 years and 5
months CSC.  The applicant received the credit for his attendance at
medical school from 30 August 1990 through 11 October 1994, and 5 months
for his internship at Riverside Methodist Hospital, July 1994 to October
1994.  According to Army Regulation 135-101, Paragraph 3-1:  "Grade and
date of rank upon original appointment and assignment to an AMEDD 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 CSC and credit for prior active commissioned service.  A
period of time will be counted only once when computing entry grade credit.
 Credit for prior active commissioned service will be computed as shown in
Table 3-2."

13.  The Director, AMEDD Region, also stated that the applicant was never
given credit for his prior commissioned service from 22 September 1989 to
29 August 1990, which, according to Table 3-2, he should have been given
half credit for every year as a MS officer.  This calculates to 11 months
and 7 days as a MS officer.  The applicant should have been given an
additional 5 months and 18.5 days credit toward his rank as a MC officer,
in additional to the CSC he received for medical school and part of his
internship.  Based on this calculation, his CSC for captain should have
been 4 years, 11 months, and 19.5 days from his reappointment date on 25
October 1994.  This would make his date of rank for captain 5 November
1993, instead of 24 April 1994.

14.  The Director, AMEDD Region, further stated that this makes no
difference in reference to the promotion board that he was eligible for as
a major.  His records went before the 2000 major AMEDD promotion board.
The date of rank of captain for that board was 16 May 1994 and earlier.  It
is the same board his records would have went before if his date of rank
was 5 November 1993 as well.

15.  The Director, AMEDD Region, also stated that the applicant was
selected for major on the 2000 promotion board, which was released on 25
June 2000[sic].  The applicant's date of rank for major was 7 April 2001.
The only issue that held up his promotion was that there was no current
height and weight provided from his troop program unit showing he met the
standards.  However, there is a DA Form 67-9 (OER) that shows he met the
height and weight standards during this period.  This OER was not added
into his Personnel Electronic Records Management System records until 28
February 2002.  The applicant should pursue this approach to adjust his
date of rank for major so that it can be backdated to the board release
date of 25 June 2000.  If it is adjusted to this date, he would have been
eligible to go before the AMEDD lieutenant colonel promotion board that was
held on 2 May 2006.  He would have to request a special promotion board, as
that board is currently being held.
16.  The opinion was forwarded to the applicant for his
acknowledgment/rebuttal on 14 September 2006 and he concurred on 21
September 2006.

17.  Army Regulation 135-101, prescribes the policies, procedures, and
eligibility criteria for appointment of commissioned officers in the
Reserve, in the six branches of the AMEDD.  This regulation provides that
officers appointed in the MS Corps with 3 years or more, but less than 7
years CSC, will be appointed in the grade of first lieutenant.  The years
of excess credit from that applied to the entry grade will be used to
adjust the officer's date of rank within the appointed grade.

18.  Army Regulation 135-101, also provides that officers appointed in the
MC with 4 years or more, but less than 14 years CSC, will be appointed in
the grade of captain.  The years of excess credit from that applied to the
entry grade will be used to adjust the officer's date of rank within the
appointed grade.

19.  Army Regulation 135-101, further provides that officers will be
granted CSC for prior service as a commissioned officer.  The officer shall
be awarded one half-day of CSC for each day served in the case of
individuals seeking an original appointment as a health professions
officer.  When the authorized credit is under the minimum required for
appointment in the appropriate grade, the CSC will be used to adjust the
date of rank within the appointed grade.

20.  Army Regulation 135-155 also provides that individuals will receive
mandatory promotion consideration prior to their promotion eligibility
dates (MTIG) so that, if selected, they may be promoted on their future
promotion eligibility dates.  The regulation also specifies that promotion
to major and lieutenant colonel requires completion of 7 years time in the
lower grade.  This regulation also specifies that the Secretary of the Army
or his or her designee will establish the zone of consideration for each
mandatory promotion board for commissioned officers.

21.  This regulation also specifies that officers in the grade of captain
may be promoted to major upon completion of 7 years MTIG, selection by a
mandatory promotion board, and have met all requirements for promotion.  An
officer selected for the first time for promotion to the next higher grade
may be promoted on or before the date that he/she completes the maximum
years of service.  An officer is promoted after selection, if all
qualifications are met.  An officer selected by a mandatory promotion board
will have a promotion effective date and date of rank no earlier than the
date of approval of the mandatory board by which recommended.

22.  Army Regulation 135-155 also specifies that promotion consideration/
reconsideration by a Special Selection Board (SSB) may only be based on
erroneous non-consideration or material error that existed in the record at
the time of consideration.

DISCUSSION AND CONCLUSIONS:

1.  In view of the facts in this case, the applicant is entitled to
correction of his records to show he was awarded an additional 5 months and
18.5 days CSC at the time of his appointment in the USAR, MC, on 25 October
1994, for a total of 4 years, 11 months, and 19.5 days CSC.  The applicant
was eligible for CSC for his prior service time as a MS officer from 22
September 1989 to 29 August 1990.

2.  Based on this correction, the applicant is also entitled to an adjusted
date of rank for captain of 5 November 1993.  However, the established
promotion zone for the 1999 Major AMEDD RCSB was for captains with dates of
rank of 16 May 1993 and earlier.  Therefore, the applicant's adjusted date
of rank for captain of 5 November 1993 does not place him in the
established promotion zone for that board and entitle him to promotion
consideration under the 1999 year criteria.  He was appropriately
considered by the 2000 Major AMEDD RCSB.

3.  The applicant was promoted to major effective 7 April 2001, based on
information received that he met the height and weight standards on that
date.  However, a review of his record shows he was in compliance with
height and weight standards during the 2000 AMEDD RCSB.  Therefore, he is
further entitled to correction to his promotion effective date and date of
rank for major to 25 June 2000, the approval date of the board, with
entitlement to back pay and allowances.

4.  Based on this adjustment to his date of rank for major to 25 June 2000,
a MTIG date for promotion to lieutenant colonel of 24 June 2007, and
promotion consideration prior to his MTIG date, the applicant is also
eligible for promotion consideration to lieutenant colonel under the 2006
year criteria.  It would now be appropriate to submit his records for
appropriate SSB consideration for this purpose.

5.  Based on the foregoing, it is concluded that the applicant's records
should be corrected as recommended below.



BOARD VOTE:

___D____  ___LWR_  __RTD__  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 the individual concerned was appointed in the United
States Army Reserve, Medical Corps, as a captain, effective 25 October
1994, with 4 years, 11 months, and 19.5 days constructive service credit,
and an adjusted date of rank of 5 November 1993.

2.  That his records be further corrected by showing he was promoted to
major with promotion effective date and date of rank of 25 June 2000, with
entitlement to pay and allowances in the higher grade on that date.

3.  That following administrative implementation of the foregoing, his
records be submitted to a duly constituted SSB for promotion consideration
for lieutenant colonel under the 2006 year criteria.

4.  That if selected, his records be further corrected by showing he was
promoted to lieutenant colonel on his date of eligibility therefore, as
determined by appropriate Departmental officials using the 2006 year
criteria cited, with entitlement to all back pay and allowances, provided
he was otherwise qualified and met all other prerequisites for promotion at
that time.

5.  That if not selected, the applicant be so notified.




                                  _____Richard T. Dunbar____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060004919                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |131.10                                  |
|5.                      |                                        |
|6.                      |                                        |


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