RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070013015 


	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.  




Director



Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 constructive service credit for completion of 4 years of dental school.  In effect, he is requesting recomputation of his retired pay to provide 75 percent of his base pay vice 70 percent.

2.  The applicant states, in effect, he is a retired Dental Corps (DC) officer.  He served 28 years on active duty and is being paid retired pay based on 70 percent of his final base pay (28 years x percent multiplier of .025).  He states that this does not take into consideration his 4 years of constructive service credit he was awarded when he accepted appointment as a First Lieutenant, DC. 

3.  The applicant provides:

	a.  A Defense Finance and Accounting Service (DFAS) Summary of Retired Pay Account prepared on 13 August 2007.

	b.  A copy of an online monthly retired pay estimate he completed on a US Air Force website.

	c.  A copy of his DFAS Form 702 (Military Leave and Earnings Statement) for April 2007.  It shows he had 31 years of service, a pay date of 26 July 1975, and a base pay of $9,216.30.

	d.  A copy of a 4-page portion of Department of Defense Financial Management Regulation (DODFMR) showing constructive service credit for medical and dental officers.

CONSIDERATION OF EVIDENCE:

1.  The applicant accepted appointment as a First Lieutenant, DC on 26 July 1979 and entered on active duty on 1 August 1979 with 4 years of constructive service credit awarded prior to 15 September 1981.

2.  The applicant served in the Army Dental Corps for 28 years and rose to the rank of Colonel (COL/O-6).  He was honorably discharged on 31 July 2007 and placed on the Retired List on 1 August 2007.

3.  The applicant's retired pay was calculated from the 1 April 2007 DFAS Pay Chart.  His base pay for 32 years of service (for longevity pay purposes) was $9,216.30.  The percentage of his base pay awarded as a retirement annuity was established based on his 28 years of active Federal service; thus his retired pay was calculated as $9,216.30 x .70 (28 years x .025), or $6,451.00.

4.  Following the end of selective service conscription of doctors and dentists in the early 1970's, Congress took steps to encourage medical and dental students to enter the military.  A key incentive for doctors and dentists was that they were given 4 years of constructive service credit for longevity pay purposes for the years they were in medical school and dental school.  Thus when they completed school, doctors and dentists held the same rank and years of creditable service credit for longevity pay purposes as officers who entered the military directly from a service academy or an ROTC program.

5.  In 1980, the Defense Officer Personnel Management Act (DOPMA) was enacted and went into effect on 15 September 1981.  DOPMA revamped the officer personnel system.  An apparent unintended consequence of DOPMA affected medical and dental students:  the 4 years of credit for longevity pay purposes previously received for attendance at medical or dental school was lost.  Following DOPMA enactment, new medical and dental officers entering the service directly from school were appointed with zero years’ longevity.

6.  Title 10 USC §12207 states for the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a Reserve commissioned officer to an officer category in which advanced education or training is required and who has advanced education or training, shall be credited with constructive service for such education, training, or experience.  Credit received shall be equal to the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree—four years for medical school.  It further states that constructive service credited an officer shall be used only for determining the officer’s initial grade as a Reserve officer; rank in grade; and service in grade for promotion eligibility.  However, in the years before the implementation of DOPMA, such credit was also counted towards longevity for retired pay purposes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, in effect, requests that his retired pay be increased to 75 percent of his final base pay, giving him $6,912.23 vice the $6,451.00 he initially received.  He believes that this would properly reflect his 4 years of constructive credit for completion of dental school.

2.  The applicant accepted appointment as a commissioned officer on 26 July 1979; however, his DFAS Form 702 reflects his Pay Date as 26 July 1975.  The Pay Date is defined as the date a Soldier entered active duty for pay purposes.  
This is synonymous with what the Army calls the Pay Entry Base Date (PEBD).  In effect, the applicant received the benefit of his 4 years of dental school throughout his career by being paid at a higher rate than his actual active service reflected.

3.  In retirement, the applicant received 70 percent (for 28 years of active service) of $9,216.30 (for 32 years of service for pay purposes) vice 70 percent of $9,035.70 (for 28 years of actual active service).

4.  The DFAS Summary of Retired Pay Account prepared for the applicant on 13 August 2007 is correct.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



							XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070013015



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508