IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080006651
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 correction of his military records to show constructive service credit for time served as a captain in the Medical Service Corps.
2. The applicant states that when he was commissioned as a medical officer in 2003, his time served as a captain was not considered when determining his date of rank for captain.
3. The applicant provides copies of his promotion orders, application for appointment, application for active duty, active duty orders, oath of office, and Officer Record Briefs.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as captain, pay grade O-3, Medical Corps.
2. On 10 October 1996, the applicant entered active duty as a first lieutenant, Medical Service Corps. He was promoted to captain, Medical Service Corps on 1 November 1998. He subsequently resigned his commission on 8 August 1999, to attend the Uniformed Services University as a medical student. He had served as a captain, Medical Service Corps, for 9 months and 8 days.
3. Orders A-07-003981, United States Total Army Personnel Command, St. Louis, Missouri, dated 21 July 1999, assigned the applicant, as a second lieutenant, effective 9 August 1999, to the Uniformed Services University of Health Sciences, Bethesda, Maryland, for a period of 4 years.
4. On 17 May 2003, the applicant took his oath of office and was appointed as a captain, pay grade O-3, Medical Corps, with an effective date and date of rank of 17 May 2003.
5. Department of Defense Instruction (DODI) Number 6000.13, dated
June 30, 1997, provides at 6.1.2 for Constructive Service Credit. 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. It further provides at 6.2.2.2. that the date of rank will be determined in accordance with Title 10, United States Code (USC), Section 741(d).
6. Title 10, United States Code (USC), Section 741(d) provides, in part, that the date of rank of an officer of the Army, Navy, Air Force, or Marine Corps who holds a grade as the result of an original appointment and who at the time of such appointment was awarded service credit for prior commissioned service or constructive credit for advanced education or training, or special experience shall be determined so as to reflect such prior commissioned service or constructive service.
7. In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls church, Virginia. It stated, in accordance with DODI Number 6.1.1.2, service on active duty in an active status as a commissioned officer in any of the Uniformed Services, but not in the Corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer. It further states that the applicant had served 2 years,
6 months, and 23 days as a commissioned officer in the Medical Service Corps and recommended that he receive commissioned service credit of 1 year,
3 months, and 12 days.
8. On 17 July 2008, the applicant responded to the advisory opinion. He stated that the reason for his application was to have his date of rank for captain adjusted based on his prior service as a captain, and not simply to adjust his commissioned service credit.
DISCUSSION AND CONCLUSIONS:
1. Title 10, USC, provides that an officerÂ’s prior commissioned service or constructive service will be reflected in the individualÂ’s date of rank.
2. The evidence clearly shows that the applicant served on active duty as a commissioned officer, Medical Service Corps, for 2 years, 6 months, and
23 days.
3. The governing directive provides that the applicant should receive a half day of credit for each day of prior commissioned officer service in the Medical Service Corps. Therefore, his date of rank of 17 May 2003, as a captain, Medical Corps, should be adjusted 1 year, 3 months, and 12 days to 5 February 2002.
BOARD VOTE:
____X___ ___X____ ___X___ 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 date of rank for captain as 5 February 2002.
__________ _ X _______ ___
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) AR20070015723
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