IN THE CASE OF:	  

		BOARD DATE:	        13 August 2008

		DOCKET NUMBER:  AR20080006564 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his pay entry basic date (PEBD) be changed to  15 May 2003.

2.  The applicant states that he is currently on active duty.  Although his date of rank is recorded as 15 May 2003, he is being paid as a captain with zero years of service.  The correction he requests is simply to be treated as his peer anesthesiologists who are receiving pay as captains with 5 years of service.  He believes his paperwork was overlooked while he was doing a civilian residency.

3.  The applicant provides a precedent Board case; a DA Form 1506 (Statement of Service – for Computation of Length of Service for Pay Purposes); his medical college transcripts; a Doctor of Osteopathic Medical diploma, dated May 2003; his Officer Record Brief; a DA Form 71 (Oath of Office – Military Personnel), undated; appointment orders, dated 3 March 2000; appointment orders, dated  15 June 2003; active duty orders, dated 17 May 2007, with an amendment, dated 20 July 2007; grade determination orders, dated 6 November 2007; a leave and earnings statement for the period 1 through 31 March 2008; a letter, dated        28 February 2008, from the New York Institute of Technology; and a Master of Business Administration diploma, dated December 2007.

CONSIDERATION OF EVIDENCE:

1.  On 3 March 2000, the applicant signed a U. S. Army Recruiting Command (USAREC) Form 1131-R-E (Department of the Army Service Agreement - F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP)).  Paragraph 1b indicated he had been accepted for admission to or was enrolled in an accredited institution leading to a degree in Doctor of Osteopathic Medicine.  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 8-year service obligation for his participation in the Program, a portion of which was an active duty obligation (ADO).  He further understood that the AFHPSP ADO was a minimum of 2 years.  Paragraph 16 indicated he understood that his Reserve service obligation (RSO) would be served in the Individual Ready Reserve (IRR) unless it was mutually agreed upon that the RSO portion of service should be served in the Selected Reserve.

2.  Paragraph 19 of USAREC Form 1131-R-E 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.

3.  On or about 3 March 2000, the applicant accepted appointment in the U. S. Army Reserve (USAR) as a second lieutenant as required for being accepted into the HPSP.

4.  The applicant’s medical school diploma is dated May 2003.  By memorandum dated 15 June 2003, he was appointed a captain in the USAR, Medical Corps. His oath of office as a Reserve captain is not signed or dated.  A DA Form 1506 indicates he was appointed in the USAR on 15 June 2003.  He was apparently granted a delay from active duty to complete a civilian residency.  

5.  The applicant’s active duty orders, dated 17 May 2007, indicated his Reserve date of rank was 16 May 2003 and his PEBD was 3 March 2000.  He entered active duty on 22 July 2007.

6.  In the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General, Graduate Medical Education Division.  The advisory opinion noted that when the applicant entered active duty he was given constructive credit for his date of rank, but he was not given credit for pay purposes.

7.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  On 10 July 2008, he concurred with the advisory opinion.

8.  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.  On 3 March 2000, the applicant entered the HPSP and graduated from medical school in May 2003.

2.  Paragraph 10 of the applicant’s USAREC Form 1131-R-E 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.  

3.  There is some contradictory evidence of record indicating when in 2003 the applicant accepted appointment as a captain, USAR, Medical Corps.  His medical diploma shows only that he graduated in May 2003.  No specific date is given.  His active duty orders indicated his Reserve date of rank was 16 May 2003, an indication that he might have signed his oath of office on 16 May 2003.  However, the available, applicable oath of office is not signed.  His appointment orders are dated 15 June 2003, which is also the date his DA Form 1506 indicates he entered the USAR.  

4.  The evidence indicates the applicant was no longer in the HPSP as of May 2003.  However, the preponderance of the evidence indicates that he was appointed as a captain, USAR, Medical Corps on 15 June 2003.  Presumably he was in the IRR per paragraphs 15 and 16 of his USAREC Form 1131-R-E.  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.  

5.  Therefore, based upon the preponderance of the evidence and in the absence of evidence showing he took his oath of office on 15 or 16 May 2003, the applicant’s PEBD should be corrected to 15 June 2003.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  ___xx___  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 partial 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 15 June 2003.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his pay entry basic date to 15 May 2003.



      _______xxxx__________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006564



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ABCMR Record of Proceedings (cont)                                         AR20080006564



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