RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060007511
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. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Ms. Linda D. Simmons
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, in effect, award of commissioned service credit for his prior service time as a Medical Service Corps (MSC) officer.
2. The applicant states, in effect, that pursuant to Army Regulation 135-101, Tabled 3-2, Number 5, he should have been granted ½ time credit for his previous active duty commissioned time of 3 years, 11 months, and 19 days.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant provides a copy of his DD Form 214, dated 6 August 2000, which shows that he entered active duty on 15 June 1996, in the Medical Service Corps. He was promoted to captain (CPT/O-3) effective 1 July 2000. He was released from active duty on 6 August 2000. He completed 3 years, 11 months and 19 days of active Federal service.
2. On 7 August 2000, he was appointed in the United States Army Reserve, as a as a second lieutenant.
3. He was appointed a Regular Army Medical Corps officer on 15 May 2004 and is currently on active duty.
4. In an advisory opinion, dated 19 December 2006, the Chief, Graduate Medical Educations Division, Office of The Surgeon General (OTSG), stated that the applicant was requesting prior service credit for his previous active duty commissioned time of 3 years, 11 months, and 19 days. DOD policy under the DOD Directive 6000.13 is the governing directive in granting prior service credit. In accordance with this directive, paragraph 6.1.1.2, credit for "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." Therefore, it was recommended that the applicant be granted prior commissioned service credit of 1 year, 11 months, and 25 days for prior service served.
5. The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of this case. The applicant was provided 15 days to respond; however, the applicant did not respond within the more than 30 days that was allowed for him to respond.
6. DOD Directive 6000.13, in pertinent part, prescribes the policies and procedures for the award of prior commissioned service credit. Paragraph 6.1.1.2 specifies that credit for prior service as a commissioned officer shall be granted to recognize previous commissioned service on active duty or in an active status. One-half day of credit shall be awarded for each day served in the case of individuals seeking an original appointment as a health professions officer.
DISCUSSION AND CONCLUSIONS:
1. In view of the facts in this case, the applicant is entitled to correction of this records to show he was awarded an additional 1 years, 11 months, and 25 days constructive service credit at the time of his appointment in the United States Army Reserve effective 7 August 2000. The applicant was eligible for constructive service credit for his prior service time in the USAR, MSC, from 15 June 1996 to 6 August 2000.
2. It is concluded that the applicant was not awarded proper constructive service credit at the time of his appointment in the USAR, and his records should be corrected as recommended below.
BOARD VOTE:
__BJE __ _MJF____ __LDS__ 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 to show he was appointed in the United States Army Reserve, Medical Service Corps, as a second lieutenant, effective 7 August 2000, with 1 year, 11 months, and 25 days of constructive service credit.
_____Barbara J. Ellis_______
CHAIRPERSON
INDEX
CASE ID
AR20060007511
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/02/01
TYPE OF DISCHARGE
DATE OF DISCHARGE
active duty
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
102
2.
3.
4.
5.
6.
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