BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090002148
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 additional constructive service credit (CSC) and adjustment of his date of rank to captain based on previous active duty commissioned service.
2. The applicant states he did not get constructive credit for two months of active duty service following his graduation from the United States Military Academy (USMA).
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), a Reserve Commissioned Officer appointment memorandum, three DA Forms 71 (Oath of Office Military Personnel), promotion orders, and discharge orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of major.
2. After graduating from the USMA, the applicant was appointed a second lieutenant in the Regular Army on 3 June 1995.
3. A DD Form 214 shows the applicant served on active duty from 3 June 1995 to 2 August 1995 while assigned to the Active Duty Accession Detachment, West Point, New York.
4. The applicant was appointed a second lieutenant in the U.S. Army Reserve on 3 August 1995 for the purpose of attending the Health Professions Scholarship Program (HPSP).
5. The applicant was appointed a captain in the U.S. Army Reserve, Medical Corps, effective 11 June 1999.
6. 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. The Program Manager stated that after reviewing the applicant's case, it was recommended he be granted one month of CSC for the two months he spent on active duty prior to beginning the HPSP.
7. A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal. He did not respond within the given time frame.
8. Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.2 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 1/2 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 served on active for two months prior to attending the HSPS. In accordance with DODI 600.13, he is entitled to be awarded 1/2 day of credit for each day served on active duty. Therefore, he is entitled to be awarded one month of CSC.
2. The applicant was appointed a captain in the U.S. Army Reserve, Medical Corps, effective 11 June 1999. Based on award of one month of CSC, his date of rank to captain should adjusted from 11 June 1999 to 11 May 1999.
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 the applicant one month of CSC for prior active duty service and adjusting his date of rank to captain to 11 May 1999.
_______ _ 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) AR20090002148
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