DOCKET NUMBER:  AR20080012186 


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, in effect, that he be granted additional constructive service credit based on his prior commissioned officer service and that his date of rank (DOR) be adjusted accordingly.

2.  The applicant states, in effect, that his DA Form 5074-R (Record of Award of Entry Grade Credit Medical and Dental Officers) completed on 6 December 2002, does not reflect his prior commissioned officer service for the period 1 April 1983 through 27 July 1983.  As a result, he was not properly credited with constructive credit for that period of prior commissioned service.  He further states that if he is granted the additional constructive service, he is requesting that his DOR be adjusted accordingly.

3.  The applicant provides the following documents in support of his application:  DA Form 5074-R; DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 27 July 1983; United States Total Army Personnel Command (PERSCOM) memorandum, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, Sections 12201 and 12203, dated 12 September 2002; Thomas A. Edison State College Permanent Academic Record, dated 17 May 2001; and Ibero-American University Academic Record, dated 9 March 2001.


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was appointed as an infantry second lieutenant (2LT) in the United States Army Reserve (USAR) on 22 September 1982.

2.  On 1 April 1983, the applicant was ordered to active duty for the purpose of attending the Infantry Officer's Basic Course (IOBC).  After serving on active duty for 3 months and 27 days and successfully completing the IOBC, he was honorably released from active duty (REFRAD) and returned to the USAR on 27 July 1983.

3.  The applicant's record shows he was promoted to first lieutenant (1LT) on 21 September 1985 and to captain (CPT) on 20 September 1989.

4.  On 6 March 1988, the applicant entered active duty in the Active Guard Reserve (AGR) program.  He served on active duty for 7 years, 9 months, and 25 days until being honorably REFRAD to attend further schooling on 31 December 1995.  The DD Form 214 he was issued at the time shows he was REFRAD in the rank of CPT and transferred to the USAR Control Group (Reinforcement).

5.  On 19 September 1996, the applicant was promoted to major (MAJ) in the Infantry Branch of the USAR.

6.  On 12 September 2002, the applicant was appointed as a CPT in the Medical Corps (MC) of the USAR and awarded 11 years of constructive service credit.

7.  The DA Form 5074-R completed on 6 December 2002 in conjunction with his MC appointment shows in Section B (Credit for Service as Other than a Medical or Dental Officer) that he was granted 6 years, 7 months, and 20 days of constructive service credit for two periods from 22 September 1983 through 31 May 1985 and from 1 April 1985 [sic] through 31 December 1995.  Part III (Computation of Entry Grade and Date of Rank) shows he received a total of 11 years and 10 months of entry-grade credit, which included 5 years, 2 months, and 11 days of constructive credit and 6 years, 7 months, and 20 days of prior-service credit.  Item 40 (Credit in Excess of that Required for Grade) contains an entry showing he was credited with 6 years and 10 months of credit in excess of that required for his entry grade, and item 43 (Date of Rank) shows his CPT DOR was established as 12 November 1995.


8.  On 16 August 2004, the applicant was promoted to MAJ in the MC.

9.  On 1 October 2008, in connection with the processing of this case, an advisory opinion was obtained from the United States Army Recruiting Command (USAREC) Program Manager, MC Health Services Directorate.  This official stated that after careful review of the applicant's record, it was determined that the applicant should receive additional service credit for his period of commissioned officer service as an infantry officer in the USAR from 1 April 1983 through 27 July 1983.

10.  The USAREC Program Manager further indicated that Department of Defense Instruction (DODI) 6000.13, paragraph 6.1.1.2, stipulates that "service on active duty or 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 provider.  He also stated that a review of the DA Form 5074-R completed on the applicant during his MC appointment processing revealed errors that supported revision of the total constructive service credit awarded the applicant in the original DA Form 5074-R and the issuance of a new DA Form 5074-R.  The revised DA Form 5074-R prepared on 1 October 2008 shows changes to the entries in the following items as indicated:  item 32 (Inclusive dates) - "1 Apr 83-31 Dec 95"; item 33 (Credit Awarded) - 6 years, 4 months, and 15 days; item 35 (Total Prior Service Credit) - 6 years, 4 months, and 15 days; item 36 (Total Entry Grade Credit - 11 years, 6 months, and 26 days; item 40 (Credit in excess of that required for grade) - 7 years, 6 months, and 26 days; and item 43 (Date of Rank) - "10 Mar 95."  This official recommended the applicant's DOR be corrected based on the corrected DA Form 5074-R.

11.  On 1 October 2008, the applicant was provided a copy of the USAREC advisory opinion for information and to have the opportunity to submit comments or a rebuttal.  To date, he has failed to reply.

12.  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.
13.  Paragraph 6.1.1 (Prior Commissioned Service Credit) of DODI 6000.13 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.  Paragraph 6.1.1.2 states, in pertinent part, that 1/2 day of constructive service credit will be awarded for service on active duty or in an active status as a commissioned officer performed not in the corps or professional specialty in which being appointed in the case of individuals seeking an original appointment as a health professions officer.

14.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD).  Paragraph 3-1 contains guidance on entry grade credit and states, in pertinent part, that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded, and that entry-grade credit awarded to AMEDD officers upon appointment or assignment will be recorded on a DA Form 5074-R for MC and Dental Corps (DC) officers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the total constructive service credit he was awarded upon his appointment in the MC be corrected to include all his prior commissioned officer service and that his DOR be adjusted accordingly was carefully considered and found to have merit.

2.  The evidence of record confirms the constructive service granted the applicant in the initial DA Form 5074-R prepared on 6 December 2002 in conjunction with his MC appointment did not grant him full credit for his prior non-medical and/or dental commissioned service.  A computation of the applicant's constructive service credit based on his inclusive dates of 1 April 1983 through 31 December 1995 and the DODI equals entitlement to a prior-service credit of 6 years, 4 months, and 15 days; this credit combined with his constructive credit of 5 years, 2 months, and 11 days equals an adjusted total entry grade credit of 11 years, 6 months, and 26 days.  The adjusted credit further equals 7 years, 6 months, and 26 days in excess of the 4 years of credit required for his grade as shown in item 40 of his DA Form 5074-R prepared on 1 October 2008.
3.  It appears that the entry in item 42 of this same DA Form 5074-R was erroneously transcribed as "07-06-02."  The entry in item 42 of his DA Form 5074-R prepared on 1 October 2008 should show "07-06-26" and the entry in item 43 should further show "16 February 1995."  Therefore, the total credit in excess of that required for grade should have been 7 years, 6 months, and 26 days, not 6 years and 10 months as was originally awarded.  In addition, the applicant's CPT DOR should have been established as 16 February 1995 instead of 12 November 1995 as evidenced by the revised DA Form 5074-R prepared on 1 October 2008.

4.  In view of the errors identified in the initial constructive service credit granted the applicant and based on the revised DA Form 5074-R issued by USAREC (with the corrections as noted above), it would be appropriate and serve the interest of justice and equity to correct the applicant's record to show he was awarded a total of 11 years, 6 months, and 26 days of constructive service credit upon his appointment in the MC on 12 September 2002, and that his CPT DOR was established as 16 February 1995 at that time.  Further, any adjustment to his MAJ promotion date and date of rank that would be appropriate based on the correction of his entry grade credit and CPT date of rank should be accomplished and he should be provided any back pay and allowances due as a result.

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 that he was awarded a total of 11 years, 6 months, and 26 days of entry-grade credit, of which 7 years, 6 months, and 26 days was in excess of that required for entry grade upon his appointment as a captain in the Medical Corps; showing his captain date of rank was established as 10 March 1995; making any 


appropriate adjustments necessary to his major date of rank based on the entry-grade credit and change of his captain date of rank; and providing him any back pay and allowances due as a result.



      ___________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)                                         AR20080012186



ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20080012186



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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