RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 January 2008
      DOCKET NUMBER:  AR20070013552


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Rodney E. Barber              |     |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, constructive service credit for his
commissioned warrant officer service.

2.  The applicant states, in effect, that he believes it is unjust that he
was not granted constructive service credit for his 10 years of prior
warrant officer service.  He states that upon his returning to active duty
in June 2003, he was informed that none of his warrant officer service
would count for date of rank and promotion purposes based on the governing
Department of Defense Instruction (DODI), which he was not aware of.

3.  The applicant provides extracts of DODI 6000.13 and Army Regulation
135-101 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served on active duty in the
Regular Army as an Aviation Corps Warrant Officer from 26 January 1988
through
20 August 1999, at which time he was honorably separated, in the rank of
Chief Warrant Officer Three (CW3).  The reason for the applicant's
separation was to allow him to enter the Armed Forces Health Professions
Scholarship Program (AFHPSP).  At the time of this separation, he had
completed a total of 11 years, 6 months and 25 days of active military
service.

2.  On 21 August 1999, the applicant entered the AFHPSP and was appointed a
second lieutenant in the United States Army Reserve (USAR).

3.  The applicant's Official Military Personnel Filed (OMPF) contains a
United States Army Personnel Command (PERSOM), St. Louis, Missouri
Memorandum, dated 27 March 2003.  This document shows that the applicant
was appointed a captain (CPT) in the Medical Corps (MC) of the USAR on 31
May 2003.  The memorandum also confirms he was awarded 4 years of
constructive service credit.

4.  On 9 June 2003, the applicant was ordered to active duty as a MC CPT
and assigned to Beaumont Army Medical Center (BAMC), Fort Bliss, Texas, and
is now serving as an Orthopedic Surgeon Resident at this same location.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Directorate, Medical Education, Graduate Medical
Education Division, Office of The Surgeon General (OTSG).  This opinion
indicates, in effect, that the governing DODI while providing for granting
constructive service credit for prior commissioned officer service, does
not authorized constructive service credit for prior warrant officer
service, either commissioned or not.  As a result, this OTSG official
recommends denial of the award of constructive service credit to the
applicant based on his prior warrant officer service.  However, the OTSG
would have no objection if the Board makes a Secretarial determination to
grant the applicant prior service constructive service credit.

6.  On 14 November 2007, the applicant concurred with the OTSG advisory
opinion.

7.  DODI 6000.13, dated 30 June 1997, Subject:  Medical Manpower and
Personnel, provides the policy on awarding constructive credit.  Paragraph
6.1 states that a prospective heath profession officer’s entry grade and
rank shall be determined by the number of years of entry grade credit
awarded on original appointment, designation, or assignment  as a health
professions officer.  The entry grade credit to be awarded shall equal the
sum of constructive service credit and prior commissioned service credit
except in cases when the totals exceed the maximum credit allowed.  It
further stipulates that a period of time shall be counted only once.

8.  Paragraph 6.1.1 provides guidance on prior commissioned service credit.
 It states, in pertinent part, that credit for prior service as a
commissioned officer (other than commissioned warrant officer) shall be
granted to recognize previous commissioned experience.  It further
stipulates that the Secretaries shall establish procedures that ensure the
awarding of prior commissioned service credit is applied in an equitable
and consistent manner.

9.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive
service credit.  It states that this credit provides a person who begins
commissioned service after obtaining the additional education, training, or
experience required for appointment, designation, or assignment as an
officer in a health profession, with a grade and date of rank comparable to
that attained by officers who begin commissioned service after getting a
baccalaureate degree and serve for the period of time it would take to
obtain the additional education.

10.  Paragraph 6.1.2.2.6 of the same DODI states that additional credit in
unusual cases, based on special education or experience, can be granted by
the Secretary of a Military Department, or designee.  As determined by
need, the additional credit applies to individuals with unique
qualifications for appointment that are beyond normal requirements for
appointment as commissioned officers.  The amount of credit shall be one
year for each year of special education or experience.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for constructive service credit for his prior
warrant officer service was carefully considered.  However, there is an
insufficient evidentiary basis to grant the requested relief.

2.  The governing DODI stipulates that the Secretaries shall establish
procedures that ensure the awarding of prior commissioned service credit is
applied in an equitable and consistent manner.  It further stipulates
clearly that prior commissioned service credit will be awarded for prior
commissioned officer service, and specifically excludes commissioned
warrant officers from receiving prior service credit.  As a result, the
applicant is not entitled to constructive service credit based on his prior
warrant officer service.  Further, granting the applicant prior service
credit based on his warrant officer service would not comply with the
equitable and consistent constructive credit award provisions of the DODI,
and would not serve the best interest of all those who faced similar
circumstances.

3.  In addition, given the criteria for award of constructive service
credit for prior service is clearly outlined in the governing DODI, the
applicant's case would not qualify for the award of constructive service
credit under additional credit in unusual cased provisions.  As a result,
there is an insufficient evidentiary basis to support awarding the
applicant additional constructive service credit based on his prior warrant
officer service as an exception to the existing DOD policy.

4.  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

___AMC_  __DAC __  __REB __  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.




                                  _____Ann M. Campbell___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070013552                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0800                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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