RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20070000527 


	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.  


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Scott Faught

Member

Ms. Ernestine Fields

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 (DOR) for promotion to captain be adjusted (in effect, that he be credited with additional constructive credit). 

2.  The applicant states, in effect, that pursuant to paragraph 3-1a(2) of Army Regulation 135-101 an inequity in assignment of his current DOR has resulted.  He states that he graduated from the U.S. Army Military Academy (USMA) on 
29 May 1993 and subsequently completed 3 years, 2 months, and 13 days of service in the infantry.  He states that upon entering the Uniformed Services University of the Health Sciences (USUHS) he was commissioned a second lieutenant per the service agreement and graduated a captain on 20 May 2000.  He contends that he was awarded 1 year, 7 months, and 7 days constructive credit in April 2004 and his captain DOR was adjusted to 13 October 1998.  

3.  The applicant states that withholding application of his full commissioned service towards a DOR calculation is unjust and penalizes him for voluntary service in a combat arms assignment; one which broadened his professional experience and allowed him to better understand his patients and their families.  He points out that as a senior at USMA he had full approval to apply for medical school but chose instead to “branch infantry” for the reasons stated above.  At the same time, several of his classmates directly entered medical school (Uniformed Services University).  He states that even though they have worn a uniform for the same amount of time, and differ only as to when they matriculated through medical school, their dates of rank differ by a year and a half.  He further states this policy is unfair and undervalues prior commissioned service.  He points out that advanced degrees are awarded full credit towards Army Medical Department promotion, that he deployed frequently from his family and in many cases risked his life, and that the USUHS service agreement does not contain an article describing a reduction of prior commissioned service towards promotion.     
4.  The applicant provides documentation documenting his prior commissioned service and the USUHS service agreement.

CONSIDERATION OF EVIDENCE:

1.  After graduating from West Point, the applicant was commissioned a second lieutenant in the Regular Army on 29 May 1993 and ordered to active duty.  On 11 August 1996, he was honorably discharged in the rank of first lieutenant.  He served 3 years, 2 months, and 13 days of creditable service.  

2.  On 12 August 1996, the applicant executed a Department of the Army Service Agreement for the USUHS and was appointed a second lieutenant in the USAR. Item 7 on this agreement states, “I understand that I must accept an appropriate reappointment of designation as to grade and branch within Army, if tendered, based upon my health profession following satisfactory completion of the Program.  Further, that such reappointment may result in a lower grade than previously held as a commissioned officer prior to and during my participation in this Program.”

3.  The applicant was appointed a captain in the Medical Corps on 20 May 2000 with an active DOR of 20 May 2000 in specialty 60J (obstetrician and gynecologist).

4.  In 2004, the applicant was awarded 1 year, 7 months, and 7 days constructive credit for his prior commissioned service and his captain DOR was adjusted to 
13 October 1998.

5.  On 13 October 2004, the applicant was promoted to major with a DOR of 
13 October 2004.

6.  In the processing of this case, a staff advisory opinion was obtained from the Directorate of Medical Education, Graduate Medical Education Division, Office of The Surgeon General.  The opinion states that the appropriate constructive credit (1 year, 7 months, and 7 days) for the applicant’s prior service, as directed by Department of Defense Policy under Department of Defense Directive 6000.13, was awarded to the applicant in 2004.

7.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  The applicant did not respond within the given timeframe.

8.  Paragraph 6.1.1.2. of Department of Defense Instruction Number 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, 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 one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer. 

9.  Paragraph 3-1a(2) of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) states, in pertinent part, that the maximum entry grade credit for appointment in the Medical Corps or Dental Corps is 14 years.  The Secretary of the Army or designee may waive the maximum credit limit where serious inequities would otherwise result.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were noted.  However, the applicant has not been treated any differently than any other Medical Corps officer with regard to his maximum entry grade credit or constructive credit.  The Board noted his contention that his prior service as a combat arms officer broadened his professional experience and allowed him to better understand his patients and their families.  However, he is competitive (for promotions and schooling) with other Medical Corps officers.  It is equitable that an officer in specialty 60J with more years of service as a 60J than the applicant be credited with an earlier DOR.

2.  Evidence of record shows the applicant was credited with constructive credit for his prior commissioned service as an infantry officer during the period 29 May 1993 to 11 August 1996 and his captain DOR was therefore adjusted to 
13 October 1998 at the appropriate rate of one-half day for each day served.  Based on the foregoing, there is no basis for granting his request.      

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

EA_____  ___SF___  __EF____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



__Eric Andersen___
          CHAIRPERSON




INDEX

CASE ID
AR20070000527
SUFFIX

RECON

DATE BOARDED
20070703
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
.  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
112.0200
2.
112.0700
3.

4.

5.

6.