IN THE CASE OF:	  

		BOARD DATE:	       11 December 2008

		DOCKET NUMBER:  AR20080014278 


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 constructive service credit (CSC) for the time she served on active duty (AD) as a Lieutenant in the Corps of Engineers.

2.  The applicant states, in effect, she is entitled to CSC, but it is not reflected in her service record.  This error affects her date of rank (DOR) and postpones her promotion eligibility to Major (MAJ).

3.  The applicant provides:

	a.  A self-authored statement to the Board, dated 14 October 2008.

	b.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 29 May 1999 through 2 August 2002 (3 years, 2 months, 4 days).

	c.  Nine pages of electronic mail (email) traffic detailing her attempts to correct her record starting on 18 September 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s Integrated Personnel Electronic Records Management System (iPERMS) file shows she graduated from the United States Military Academy and was appointed as a Regular Army (RA) Second Lieutenant, Corps 
of Engineers on 29 May 1999.  She served on AD from 29 May 1999 through 
2 August 2002, at which time she was released from active duty (REFRAD) and transferred to the US Army Reserve (USAR) Control Group – Individual Ready Reserve (IRR), with a remaining service obligation through 28 May 2007.

2.  The applicant graduated from the Lake Erie College of Osteopathic Medicine in 2006 with a D.O. (Doctor of Osteopathic Medicine) degree.  On 10 June 2006, she was appointed as a Captain (CPT), Medical Corps.  US Army HRC-St. Louis, MO, Orders A-04-608735, dated 13 April 2006, ordered her to AD for a period of 9 years and 10 months, effective 11 June 2006.  The orders established her DOR-Reserve (DORRES) as 11 June 2006, and her PEBD (pay entry basic date) as 29 May 1999.

3.  The applicant could not meet her 11 June 2006 AD reporting date due to graduation requirements at her school.  To accommodate her, her AD order was amended by Orders A-04-608735A01 and Orders A-04-608735A02 on 2 May and 12 May 2006 respectively.  The applicant’s DORRES was ultimately established as 16 June 2006 and her PEBD was established as 29 May 1999.

4.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.

	a.  Paragraph 6.1, Entry Grade Credit, states that a prospective health professions officer’s entry grade and rank within grade 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 CSC and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.  The constructive credit limitations set forth in this instruction is based on Title 10, U.S. Code, section 12207.

	b.  Paragraph 6.1.1.2 states service on AD 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.

5.  In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of The Surgeon General, on 31 October 2008.  It cites DODI 6000.13 and recommends approval 
of the applicant’s request and the awarding of 1 year, 7 months, and 2 days of CSC.  The applicant was provided a copy of the advisory opinion for comment and/or rebuttal.  On 3 November 2008, she concurred with the advisory opinion recommendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests CSC for the time she served on AD as a Lieutenant in the Corps of Engineers.

2.  CSC is established only for the purpose of determining grade, rank within grade, and eligibility for promotion.  The officer’s PEBD is not affected and no arrears in pay or allowances will be authorized as a result of receipt of CSC.  CSC also recognizes the additional value to the Army of those officers who have pursued professional education independent of and prior to commissioning.  It provides such officers equal footing with their contemporaries as related to time-in-grade and phase time for promotion.

3.  DODI 6000.13 provides, in paragraph 6.1.1.2, that service on AD 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.

4.  The applicant’s records show she served 3 years, 2 months, and 4 days on AD as a commissioned officer in the Corps of Engineers, which was not in the corps or professional specialty - Medical Corps – in which she was appointed in June 2006.  In accordance with DODI 6000.13, she is entitled to receive CSC for 1/2 of her AD time as an Engineer Lieutenant.  This amounts to 1 year, 7 months, and 2 days.

5.  The applicant’s DOR as a CPT, MC should be adjusted from 16 June 2006 to 14 November 2004.

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 awarding her constructive service credit of 1 year, 7 months, and 2 days for her 3 years, 2 months, and 4 days of prior commissioned service on active duty in the Corps of Engineers, and by adjusting her date of rank as a Captain, Medical Corps from 16 June 2006 to 14 November 2004.


															XXX
      _____________________
       	   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)                                         AR20080014278



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ABCMR Record of Proceedings (cont)                                         AR20080014278



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