RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070001017


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 additional commissioned
service credit (CSC) for his active duty service, and an adjustment of his
date of rank for captain.  He also requests earlier promotion consideration
for major and an adjustment to his date of rank for major with entitlement
to back pay.

2.  The applicant states, in effect, that he was not granted constructive
credit for prior active duty commissioned service.  He also states, in
effect, that with constructive credit he would have been eligible for
promotion to major 2 years earlier.  The applicant further states, in
effect, that no constructive credit was annotated on his assignment orders
to Fort Bliss, Texas, for his internship.

3.  The applicant provides a copy of a DA Form 71 (Oath of Office -
Military Personnel), dated 19 May 2001; Headquarters, Walter Reed Army
Medical Center, Washington, DC, Orders Number 057-04, dated 26 February
2001, Headquarters, U.S. Total Army Personnel Command (TAPC), Alexandria,
Virginia, Orders Number 32-3-A-67, dated 4 May 2001, copies of two
unnotarized DA Forms 1506 (Statements of Service), and a DD Form 214
(Certificate of Release of Discharge from Active Duty) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a copy of
Headquarters, Walter Reed Army Medical Center, Washington, DC, Orders
Number 057-04, dated 26 February 2001, which show that he was to report to
the William Beaumont Army Medical Center El Paso, Texas, on 13 June 2001,
in the rank and grade of captain/O-3.  These orders also provided
additional instructions which show, in pertinent part, the applicant's
active duty commitment included 1 year of training for the first year
Graduate Medical Education (GME) in Transitional, beginning 1 July 2001 and
ending 30 June 2002; award of 4 years of CSC for active duty grade
determination; an active duty service obligation of 8 years; that he was
also not eligible for CSC for pay in accordance with paragraph 1012B;
Department of Defense Military Pay and Allowances Entitlements Manual
(DODPM); and that he was not eligible for Health Professions Pay Entry Date
(HHPED) credit.

2.  The applicant's military service records contain a copy of
Headquarters, U.S. TAPC, Alexandria, Virginia, Orders Number 183-008, dated
2 July 2001, which announced the applicant’s appointment in the rank and
grade of CPT/O-3 with an adjusted DOR of 19 May 2001.
3.  The DA Forms1506 the applicant provided were not properly filled out;
nor were they annotated as true and certified copies and as such cannot be
considered with this application.

4.  The applicant’s DD Form 214, Item 12c (Net Active Service This Period)
shows he served 7 months and 24 days on active duty and that during this
period of active duty he served from 7 December 1996 to 23 June 1997 in
support of Operation Joint Endeavor in Bosnia.  This service should be
considered for CSC.

5.  The applicant was promoted to major effective 19 May 2007.

6.  During the processing of this case, an advisory opinion was obtained
from the Chief, Graduate Medical Education Division, Office of The Surgeon
General (OTSG), Falls Church, Virginia.  On 9 May 2007, this OTSG official
recommended granting the applicant 1 year, 6 months, and 4 days of credit
for prior service (sic).  The opinion stated that the applicant was awarded

4 years of constructive credit for Medical School at a Uniformed Services
University of the Health Sciences (USUHS).  This OTSG official also offers
that no constructive credit is awarded for an internship when it is
completed on active duty in a military facility.

7.  On 9 May 2007, the applicant was provided a copy of the OTSG advisory
opinion in order to have the opportunity to respond to its contents.

8.  On 22 May 2007, the applicant responded by stating that although the
advisory opinion was favorable, it contained some inaccuracies.  He states
that the opinion recommended he be granted 1 year, 6 months, and 4 days for
prior service served on active duty as an Infantry officer from 24 May 1989
to 31 July 1992; however, he has not received this credit.  He also states
he served on active duty for several days while in the United States Army
Reserve (USAR):
7 days from 22 to 27 August 1994; 17 days from 3 to 19 May 1996; and he was
activated for 7 months and 24 days from 22 November 1996 to 15 July 1997
for deployment to Bosnia in support of Operation Joint Endeavor and Joint
Guard.

9.  The applicant further responded by stating that he did not request CSC
for the Internship program.  He feels that he should receive constructive
credit in the amount of 3 years, 8 months and 25 days.  He believes he
should be granted 1 year, 10 months, and 12 days of constructive credit in
addition to the CSC he should be granted for medical school, which all
medical corps officers receive upon initial commissioning, regardless of
prior active service as an officer.

10.  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 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.

11.  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.

12.  Army Regulation 135-155 also provides that individuals will receive
mandatory promotion consideration prior to their promotion eligibility
dates (maximum time in grade (MTIG) so that, if selected, they may be
promoted on their future promotion eligibility dates.  The regulation also
specifies that promotion to major requires completion of 7 years time in
the lower grade.  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.  The applicant contends, in effect, that he was not awarded CSC for his
active duty commissioned service completed prior to his acceptance and
completion of medical school.

2.  The evidence of record confirms the Army granted the applicant a total
of
4 years of constructive credit when he was appointed in the rank and grade
of CPT/O-3, upon entry onto active duty and given an adjusted date of rank
(ADOR) of 19 May 2001.

3.  The evidence of record shows that an OTSG official opines that based on
the applicant's 3 years, 2 months, and 7 days of prior service on active
duty, he should be granted and an additional 1 year, 6 months, and 4 days
of CSC (sic).  However, the OTSG official also opines that no credit should
be given for the
1 year of internship that the applicant completed because it was completed
while on active duty.




4.  In his application and in his response to the advisory opinion, the
applicant agrees with the recommendation to grant constructive credit, but
feels that he is entitled to additional relief not addressed by the
advisory opinion.  The applicant clarified that he was not seeking
additional credit for his internship on active duty. The applicant alleges
that the advisory opinion in this case should have recommended that he be
given CSC for additional time spent on active duty.

5.  Not withstanding the advisory opinion, the evidence shows that the
applicant served from 24 May 1989 through 31 July 1992 for a total of 3
years, 2 months, and 7 days.  Therefore, the applicant should actually
received CSC for 1 year,
7 months, and 4 days.

6.  The DD Form 214 showing that the applicant spent an additional 7 months
and 24 days in an active duty status from 22 November 1996 to 15 July 1997
in support of Operation Joint Endeavor is sufficient for constructive
service credit; therefore, he was entitled to an additional 3 months and 27
days CSC for this period of service. Therefore, based on the fact that the
applicant was originally credited with 4 years of credit, the applicant's
records should be corrected to show that he was actually authorized a total
of 5 years, 11 months, and 1 day of constructive credit at the time of his
entry on active duty.

7.  The applicant submitted two DA Forms 1506 worksheets; however, they
were not admissible as evidence because they were incomplete and not
certified as true copies.

8.  The evidence of record shows that, at the time the applicant was
ordered to active duty, the minimum service credit for appointment to
captain in the MC was 4 years and the minimum service credit for
appointment to major in the MC was 10 years.  Therefore, in view of the
foregoing, the applicant is entitled to correction of his records to show
that he entered active duty in the grade of captain, O-3, with an adjusted
date of rank of 18 June 1999, based on the additional CSC of 1 year, 11
months, and 1 day.

9.  Based on this adjustment to his date of rank for captain to 18 June
1999, a MTIG date for promotion to major is 17 June 2006, and promotion
consideration prior to his MTIG date, the applicant is also eligible for
promotion consideration to major under the appropriate year criteria.  It
would now be appropriate to submit his records for appropriate SSB
consideration for this purpose.





BOARD VOTE:

___LE___  ___JTM _  __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 awarding the individual concerned an additional 1 year, 11
months, and 1 day of constructive service credit based on his completion of
prior active duty service and adjusting his date of rank for captain to 18
June 1999.

2.  His records be submitted to a duly constituted SSB for promotion
consideration for major under the appropriate year criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to major on his date of eligibility therefore, as determined by
appropriate Departmental officials using the appropriate 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.

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




                                           _ Lester Echols____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070001017                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/23                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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