IN THE CASE OF:	  

		BOARD DATE:	  29 September 2009

		DOCKET NUMBER:  AR20080020001 


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 he be granted additional constructive credit as a Medical Specialist Corps (SP) officer on active duty based on his prior service on active duty and in the Army National Guard (ARNG) and U.S. Army Reserve (USAR).

2.  The applicant states that he believes he was not given the proper amount of constructive credit when he entered active duty as an SP captain.  He goes on to state that he was only given 3 years, 2 months, and 19 days of constructive credit for time in grade as a captain; however, he believes he should have received 8 years and 3 days of constructive credit. 

3.  The applicant provides a memorandum explaining his application; copies of DA Forms 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 15 October 1998 and 19 June 2001; a copy of his original appointment as a second lieutenant (2LT) on 11 May 1985; and a copy of orders ordering him to active duty as an SP captain on 20 July 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a USAR Armor 2LT on 11 May 1985 and he was ordered to active duty the same day.  He was promoted to the rank of first lieutenant (1LT) on 22 November 1986 and he served on active duty until 1 February 1989, when he was released from active duty (REFRAD) and was transferred to the USAR Control Group (Officer) to complete his statutory service obligation.
2.  On 16 September 1998, he accepted an appointment in the South Carolina Army National Guard (SCARNG) as an Armor 1LT.  On 17 February 1999, he was appointed as an SP captain (CPT).  He was granted 4 years, 9 months, and 7 days of constructive credit.

3.  On 8 March 2000, the applicant was honorably discharged from the SCARNG to accept appointment in a USAR Troop Program Unit (TPU) as a physician's assistant (PA).

4.  On 20 July 2001, the applicant was ordered to active duty as an SP CPT for a period of 3 years.  He was granted 3 years, 3 months, and 12 days of constructive credit and he was transferred to Hawaii.  His date of rank (DOR) was adjusted to 30 March 1999.  

5.  On 1 July 2005, he was promoted to the rank of major in the Regular Army (RA).

6.  In the processing of this case, on 27 February 2009, a staff advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC) at Fort Knox, KY.  The advisory official opined that the applicant's constructive service credit was not properly computed at the time of his commissioning in 2001 because he was accessed at the current grade held instead of receiving the proper constructive credit.  The advisory official goes on to state that the SP Constructive Credit Policy authorized constructive credit to be calculated versus current grade by exception at the time of accession and the applicant should have been credited with 9 years, 11 months, and 26 days of constructive credit at the time of his accession on 20 July 2001.  The advisory official also provided a DA Form 5074-1-R, dated 31 March 2009.

7.  On 31 March 2009, the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 1 April 2009, he concurred with the advisory opinion rendered in his case.

8.  Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, provides in paragraph 6 that a prospective health 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 profession officer.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have received more constructive service credit than he did at the time he was accessed to active duty as an SP officer has been noted and appears to have merit.

2.  The applicant was entitled to receive one-half credit for his service as an Armor officer and full credit for his inactive service as an SP officer.  Based on the calculation made by USAREC, he should have received 9 years, 11 months, and 16 days of constructive service credit at the time he was accessed onto active duty on 20 July 2001 instead of the 3 years, 3 months, and 12 days he received. 

3.  Accordingly, his records should be corrected to reflect that he was accessed onto active duty as an SP CPT on 20 July 2001 with 9 years, 11 months, and 
16 days of constructive service credit and his DOR should be adjusted accordingly.

4.  Additionally, as a result of the adjustment, his records should be placed before special selection boards for any promotion selection boards that he may have been eligible for based on the adjustment.

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.  showing that he was assessed into active duty as an SP CPT on 20 July 2001 with 9 years, 11 months, and 16 days of constructive credit and that his date of rank be adjusted accordingly; and

	b.  by placing his records before special selection boards for any promotion selection boards that he may have been eligible for based on the adjustment.



      _________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.



	
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ABCMR Record of Proceedings (cont)                                         AR20080020001



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