IN THE CASE OF:	   

		BOARD DATE:	         14 April 2009

		DOCKET NUMBER:   AR20080016455 


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 receive additional constructive credit for his prior commissioned service in the Army National Guard and that his date of rank (DOR) to captain be adjusted.    

2.  The applicant states, in effect, that he is currently serving as a dentist in the rank of captain on active duty.  He points out that he received a four-year dental scholarship (Health Professions Scholarship Program), that he is a graduate of West Point, that he served 2 years and 10 months on active duty in the Air Defense, and that he served 5 months and 3 days in the New York Army National Guard.  He states that this would total 3 years, 3 months, and 3 days of service.  He indicates that when he entered active duty as a dentist, he should have received 1/2 time for his time served (1 year and 197 days). 

3.  The applicant also states that his DOR for captain is 2 April 2003 and it should be February 2003 if his Army National Guard service counts.  He wonders if his DOR should begin when the oath of office was signed on 13 May 2004 rather than the date of entry on 6 September 2004.  If so, his DOR for captain should be November 2002 and he should be promoted to major six years from his captain DOR.   

4.  The applicant provides two messages, subject: Separation - ANGCRI, a Report of Separation and Record of Service, a DD Form 214 (Certificate of Release and Discharge from Active Duty), oaths of office, a Department of the Army Service Agreement, an application for appointment, orders, memoranda, Federal Recognition Orders, emails, a request for dental additional special pay, a degree of Doctor of Dental Surgery, promotion orders, and an Officer Record Brief in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  After graduating from West Point, the applicant was commissioned as a Quartermaster Corps and Air Defense Artillery Branch officer in the Regular Army on 3 June 1995 and ordered to active duty.  On 1 April 1998, he was honorably discharged in the rank of first lieutenant.  He was appointed a first lieutenant in the New York Army National Guard on 2 April 1998.  He was honorably separated from the New York Army National Guard on 1 September 1998.  He was appointed a second lieutenant in the U.S. Army Reserve on 
2 September 1998.  He was appointed a second lieutenant in the Army National Guard on 29 July 2002.  He graduated from dental school in 2004. 

2.  The applicant was appointed a captain in the USAR (Dental Corps) on 13 May 2004, entered active duty on 1 September 2004, and given an active DOR of       2 April 2003.  

3.  The applicant’s DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers)) used for calculation of his constructive credit is not available.  

4.  In the processing of this case, a staff advisory opinion was obtained from the Program Manager, SP/VC/DC Branch, Health Services Directorate, Headquarters, U.S. Army Recruiting Command, Fort Knox, Kentucky.  The opinion states that the applicant should receive additional constructive credit incorporating his 5 months of commissioned service in the Army National Guard as directed by Department of Defense Instruction (DODI) Number 6000.13, paragraph 6.1.1.2.  The opinion states that service in the National Guard is considered to be in an active status and does count for constructive service credit.  The applicant should have received constructive credit of 5 years, 
7 months, and 14 days as of the day he was appointed in the Dental Corps.  A revised DA Form 5074-R was prepared reflecting the correct constructive credit (1 year, 7 months, and 14 days of prior active commissioned service).  The opinion also states that the applicant's HPSP active duty service obligation (ADSO) is no longer relevant.	      

5.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 9 March 2009, the applicant responded.  In summary, he stated that his ADSO should end in September 2011, 2 and 1/2 months longer than the 3 year training ADSO if HPSP payback does not count during his residency and that his HPSP contract should read 4 years for a 4-year HPSP. 
6.  Paragraph 6.1.1.2. of DODI 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, states 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 professions officer. 

7.  Paragraph 6.1.2.2.1. of DODI 6000.13 states that four years of constructive service credit shall be granted for completion of first professional degrees that include medical, osteopathy, dental, optometry, podiatry, veterinary, and pharmacy.

DISCUSSION AND CONCLUSIONS:

1.  Per the advisory opinion, the applicant was incorrectly not awarded constructive credit for his prior commissioned service in the New York Army National Guard from 2 April 1998 through 1 September 1998 (a total of 
5 months).  Therefore, his military records should be corrected to show he received a total of 1 year, 7 months, and 14 days of constructive credit for his prior active commissioned service.

2.  Based on the above correction, officials at the Human Resources Command (HRC), Alexandria, Virginia should review his records to determine if his active DOR should be adjusted accordingly. 
    
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: 

	a.  amending his military records to show he received a total of 1 year, 
7 months, and 14 days of constructive credit for his prior active commissioned service; and

	b.  after the above correction is made, HRC officials should review his records and adjust his active DOR, if appropriate.




      _______ _   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)                                         AR20080016455



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ABCMR Record of Proceedings (cont)                                         AR20080016455



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