RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070001144 


	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. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Robert W. Soniak

Member

Ms. Karmin S. Jenkins

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, that his records be corrected to show his constructive service credit for prior service spent as a commissioned officer and adjustment to his date of rank as a captain.

2.  The applicant states, in effect, that during his branch transfer and re-commissioning in 1996, he should have been awarded the rank of captain, with 7 years of constructive service.  The applicant continues that he was a Troop Program Unit Soldier who volunteered and was selected for overseas deployment in support of Operation Iraqi Freedom/ Operation Enduring Freedom/Operation Joint Freedom in 2003.  The applicant states he returned from duty only to be called to service again until July 2004.  

3.  The applicant further states he is currently assigned as a Medical Operations/Training Officer for Headquarters, First Army, Command Surgeon Office, Fort Gillem, Georgia.  Additionally, the applicant states he was responsible for coordinating and tracking of the medical readiness and training of the National Guard Reserve Components Units 2 and 3.  The applicant adds that his officer evaluation reports (OER) show that his performance is outstanding.

4.  The applicant provides copies of a summary of his military history; excerpts of chapter 3 (Grade Determination) of the Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical 
Department Branches); Figure Table 3-1 (Constructive Credit); retirement 
points worksheet; DA Form 5071-1-R, dated 26 February 1996; DA Form 
2-1 (Personnel Qualification Record); and his OER for the years 1998 through 2005 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant in the United States Army Reserve (USAR) on 16 August 1983 and promoted to the grade of First lieutenant on 15 August 1986.  

2.  The applicant's record shows he was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for completion of active duty for training during the period 14 November 1987 through 23 March 1988.  



3.  The applicant's record shows that he was awarded a Baccalaureate Degree in General Studies from Georgia College in 1994.  His last promotion was to captain effective 11 April 1995.

4.  On 15 March 1996, the applicant was appointed as a second lieutenant in the USAR, Medical Service Corp.  At that time, the applicant's DA Form 5071-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) shows he was granted 3 months and 21 days of constructive credit.

5.  The applicant's record shows that he was issued a DD Form 214 which showed he completed active duty for training during the period 12 March 1997 through 1 April 1997.

6.  On 23 November 1997, the applicant was promoted to a first lieutenant in the USAR, Medical Service Corp.  

7.  On 22 July 2003, the applicant entered active duty and was assigned to the 329th United States Army Hospital, Bosnia.  

8.  On 15 March 2004, the applicant was issued a DD Form 214 which showed he was involuntary released him from active duty in accordance with Army Regulation 600-8-24 (Officers Transfers and Discharges) in the rank of captain.

9.  The applicant's records show that Department of the Army, U.S. Army Human Resources Command, Alexandria, Virginia, AHRC-PDZ-B Orders 
A-04-609377, dated 20 April 2006, ordered the applicant to active duty in support of Operation Noble Eagle. 

10.  In the processing of this case, a staff advisory opinion was obtained from Headquarters, United States Army Recruiting Command, Fort Knox, Kentucky, dated 28 June 2007.  The Chief of the Medical Corps Division opined that the applicant's original DA 5074-1-R, dated 19 April 1996 was incorrect.   

11.  The recommendation is that the applicant's constructive credit be adjusted to reflect the constructive credit shown on the DA 5074-1-R, dated 28 June 2007.  This DA 5074-1-R shows he received 6 years, 3 months, and 14 days of prior service credit as a commissioned officer.  This constructive credit is in accordance with DODI 6000.12 (Health Services Operations and Readiness), dated 29 April 1996, section 4.1.2.



12.  A copy of the advisory opinion was forwarded to the applicant for comment or rebuttal; however, the applicant did not respond within the allotted timeframe.

13.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  Paragraph 3-1 of Army Regulation 135-101 states that 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 will be the sum of constructive credit and 
credit for prior active commissioned service.  Paragraph 3-2 of Army Regulation 135-101 states that authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

14.  Paragraph 3-4 (Transition Credit) of Army Regulation 135-101 states, in pertinent part, that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  It further specifies that constructive credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.  Constructive service credit is not creditable service for pay purposes. 

15.  DODI 6000.12, dated 29 April 1996, establishes policy and assigns responsibilities under references (a) and (b) for matters related to health services operations and readiness, including, but not limited to, medical manpower, medical personnel, medical compensation, military medical training, medical logistics, patient movement and the Armed Services Blood Program (ASBP).

16.  DODI 6000.12, dated 29 April 1996, section 4.1.1, states, in pertinent part, that award of service credit to any person being appointed, assigned, or designated as a "health professions officer" in any of the Military Departments shall be equitably determined and uniformly applied throughout the Military Departments.  




17.  Paragraph 4.1.2 of DODI 6000.12 shows "Credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous military experience, while maintaining cognizance of the level of professional (technical) expertise."

18.  Table 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) shows the minimum years in grade requirement for promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his constructive service credit for prior service spent as a commissioned officer and an adjustment to his date of rank and effective date of rank as a captain.

2.  The available evidence shows the applicant was not fully awarded constructive credit he was entitled for prior commissioned service.  Based on applicable law and regulation, the applicant is entitled to 6 years, 3 months and 14 days of constructive credit for his prior commissioned service.  As a result the applicant's effective date of appointment as a captain in the USAR should be amended to show his date of rank and effective date of rank to captain as 1 December 1991.

3.  Further, if eligible based on the foregoing correction of the applicant's date of rank to captain, he should be placed before the appropriate Special Selection Board for promotion to the grade of major.

BOARD VOTE:

_RWS ___  __KSJ_ _  _CLG___  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 awarding constructive credit in the amount of 6 years, 3 months, and 14 days, amending his records to show the date of rank and effective date of rank to captain as 1 December 1991, and if eligible, his records should be placed before a Department of the Army Special Selection Board for consideration for promotion to the grade of major.  



___Curtis L. Greenway__
          CHAIRPERSON




INDEX

CASE ID
AR20070001144
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.