RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20070009130


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 pay entry basic date (PEBD) be changed
from 22 July 2005 to 4 May 2001.

2.  The applicant states he joined the Army on 22 September 1997 through
the Health Professions Scholarship Program (HPSP).  He does not get credit
for the time he was in medical school, but he graduated from medical school
on 4 May 2001 and was promoted to captain on that date.  When he came on
active duty, he was not given credit for his time in the individual Ready
Reserve (IRR) with a resultant substantial and ongoing loss of earned
wages.  The local finance office personnel in Baghdad are unfamiliar with
the specific details of medical pay and have been unable to provide much
help.

3.  The applicant provides his Officer Record Brief; a leave and earnings
statement covering April 2007; a U. S. Army Recruiting Command (USAREC)
Form 1131 (Department of the Army Service Agreement F. Edward Hebert Armed
Forces  Health Professions Scholarship Program); a DA Form 71 (Oath of
Office – Military Personnel), dated 22 September 1997; appointment orders,
dated 22 September 1997; a letter, dated 8 October 1997, from Headquarters,
USAREC; active duty for training orders, dated 21 April 1998; a DA Form
1059 (Service School Academic Evaluation Report); an Officer Basic Course
diploma; a letter, dated 15 May 2001, from the Office of The Surgeon
General; a DA Form 71, dated 4 May 2001; active duty orders, dated 4 May
2005; and college transcripts for the period Fall semester 1990 through
Winter semester 1997.

CONSIDERATION OF EVIDENCE:

1.  The applicant is serving in Operation Iraqi Freedom.

2.  On 22 September 1997, the applicant signed a USAREC Form 1131.
Paragraph 1b indicated he had been accepted for admission to or was
enrolled in an accredited institution leading to a degree in Medicine (4
years of participation in the HPSP).  Paragraph 10 indicated he understood
that he must accept an appropriate reappointment within the Army, if
offered, based upon his health profession, following satisfactory
completion of the Program.  Paragraph           15 indicated he understood
that he would incur an active duty obligation (ADO) of 8 years for any
participation in the Program.  He further understood that the portion of
the ADO that exceeded a minimum of 1 year of each year of Program
participation would be waived and a Reserve Service Obligation (RSO) of an
equal amount substituted.  Paragraph 16 indicated he understood that his
RSO would be served in the IRR unless it was mutually agreed upon that the
portion of service should be served in the Selected Reserve.
3.  Paragraph 19 of the USAREC Form 1130 indicated the applicant understood
that service performed while a member of the Program would not be counted
in determining eligibility for retirement other than by reason of a
physical disability incurred while on active duty as a member of the
Program or in computing years of service creditable [for computing the
basic pay of a member] under Title 37,
U. S Code, section 205.

4.  On 22 September 1997, the applicant accepted appointment in the USAR as
a second lieutenant as required for being accepted into the HPSP.

5.  The applicant’s medical school diploma is not available.  He accepted
appointment in the USAR as a captain on 4 May 2001.  By letter dated 15 May
2001, he was granted a specialty delay from active duty to complete
civilian graduate medical education in Anesthesiology beginning on 1 July
2001.  He entered active duty on 22 July 2005.

6.  The Department of Defense Financial Management Regulation (DODFMR),
Volume 7A, paragraph 010101, subparagraph C2, states active or inactive
service in the Army Reserve is creditable for computing basic pay without
restriction.  Paragraph 010102, subparagraph A8, states the time,
subsequent to 14 September 1981, a member serves while enrolled in the HPSP
is not creditable for computing basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The time the applicant was enrolled in medical school under the HPSP is
not creditable for computing basic pay.  The applicant had enrolled in
medical school on 22 September 1997 for a 4 year period.

2.  Paragraph 10 of the applicant’s USAREC Form 1130 indicated he
understood that he must accept an appropriate reappointment within the
Army, if offered, based upon his health profession, following satisfactory
completion of the Program.  The applicant’s medical school diploma is not
available; however, he accepted appointment in the USAR as a captain on 4
May 2001.  This date is consistent with the completion of his 4-year
medical degree program.  He would not have been appointed in the USAR as a
captain or been approved for graduate medical education had he not yet
completed the Program.

3.  The preponderance of the evidence indicates the applicant was no longer
in the HPSP as of 4 May 2001; therefore, it is presumed he was in the IRR
per paragraphs 15 and 16 of his USAREC Form 1130.  In accordance with the
DODFMR, Volume 7A, paragraph 010101, subparagraph C2, active or inactive
service in the Army Reserve is creditable for computing basic pay without
restriction.  The applicant’s PEBD should be corrected to 4 May 2001.

BOARD VOTE:

__jcr___  __rmn___  __djp___  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
showing his pay entry basic date as 4 May 2001.




                                  __Jeffrey C. Redmann__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070009130                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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