IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20090019539
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 her DD Form 214 (Certificate of Release of Release or Discharge from Active Duty) be corrected to show she entered active duty (AD) on 17 August 1977 vice 23 May 1981. She also requests that her net active service this period be corrected to show 28 years, 1 month, and 13 days vice 24 years, 4 months, and 8 days.
2. The applicant states that the date on her DD Form 214 should be corrected to show she entered AD on 17 August 1977 since she was attending the Uniformed Services University of Health Sciences (USUHS) as a second lieutenant (2LT) at that time.
3. The applicant provides a copy of her DD Form 214 and a copy of Orders Number A-08-62894 dated 15 August 1977.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DA Form 71 (Oath of Office) shows she executed her oath of office on 17 August 1977 as a Reserve Commissioned Officer.
3. The applicant's record contains a memorandum from the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO. Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, 591 and 593, dated 15 August 1977 that states the applicant was appointed as a Reserve Commissioned Officer of the Army as a Medical Officer Candidate and that this service was not valid for the basic pay entry date.
4. Orders Number A-08-62894, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, Mo, dated 15 August 1977, that shows the applicant was ordered to AD to attend the USUHS' School of Medicine's 4 year M.D. Program with a reporting date of no later than 22 August 1977 in the rank of 2LT.
5. On 23 May 1981, the applicant completed the USUHS, was commissioned as a 1LT and entered AD as Regular Army Officer.
6. On 30 September 2005, the applicant was honorably retired from active duty Item 12c (Net Active Service This Period) of the applicant's DD Form 214 shows she served on AD a total of 24 years, 4 months, and 8 days.
7. The applicant's record contains a Chronological Statement of Retirement Points dated 22 June 2010 which shows she entered AD on 17 August 1977 and served until continuously until her retirement on 29 September 2005.
8. Title 10, U. S. Code, section 2114(b) states, in part, the service credit exclusions specified in section 2126 of this Title shall apply to USUH students covered by this section.
9. Title 10, U. S. Code, section 2126(a) states that, except as provided in subsection (b) (which pertains to a nonregular retirement), service performed while a member of a Health Professions Financial Assistance Program shall not be counted in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program or in computing years of service creditable under section 205 (computation of service creditable for basic pay) of Title 37 (Pay and Allowances of the Uniformed Services)
10. Office of the Secretary of Defense memorandum, Subject: Credit for Time Served at USUHS in Computing Military Retired and Retainer Pay, dated 1 July 2002, states that years of service at USUHS as a medical student are creditable in computing retired pay.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant entered AD on 17 August 1977, it was for the purpose of attending the USUHS. By statute, such service is not creditable towards retirement. However, after the individual becomes retirement eligible, such service is creditable towards computation of retired pay. Therefore, the applicant's DD For 214 correctly reflects the total amount of AD service.
2. Based on the foregoing, there is insufficient evidence and the applicant has not provided sufficient evidence which shows her DD Form 214 is not correct as currently constituted. Absent such evidence, there is no basis to grant the requested relief.
BOARD VOTE:
_________ _________ ______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20090019539
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110009431
Before the Act was implemented, medical officers who graduated from USUHS and HPSP received 4 years of constructive service credit for training. The classes of 1982 through 1984 entered on active duty before the Act was implemented; therefore, they received 4 years of constructive service credit. Section 1 (constructive service) of sub-paragraph E states some medical and dental officers are entitled to extra credit for longevity purposes to reflect the time spent in medical or dental school.
ARMY | BCMR | CY2010 | 20100015028
The applicant provides: * DA Form 1059 (Service School Academic Evaluation Report) * Air Force Board for Correction of Military Records (AFBCMR) Record of Proceedings and ABCMR Record of Proceedings * letter of disenrollment from USUHS * two DA Forms 71 (Oath of Office) * permanent change of station (PCS) orders as a Medical Service Corps (MSC) officer * DA Form 67-9 (Officer Evaluation Report (OER)) for the period 29 April 2010 through 31 August 2010 * USUHS active duty orders * Officer...
ARMY | BCMR | CY2011 | 20110020576
The applicant requests correction of his records to show he was granted the appropriate amount of constructive credit upon entry in the U.S. Army, adjustment of the effective dates and dates of rank (DOR) for his subsequent promotions, and payment of all back pay due as a result of the corrections. Headquarters, Walter Reed Army Medical Center, Washington, DC, Orders 149-02, dated 29 May 2007, that reassigned the applicant from the USUHS Student Detachment, Bethesda, MD, to the USA Center...
ARMY | BCMR | CY2008 | 20080017821
On 5 July 1981, the applicant was notified that he had been appointed as a Reserve commissioned officer in the rank of second lieutenant, effective upon his acceptance. The applicant contends that he should be granted active duty credit for retirement for the time he spent as a student at the USUHS. Since there is no evidence in the available record nor has the applicant provided any evidence that shows that he is retirement eligible, there is insufficient evidence that would warrant...
ARMY | BCMR | CY2010 | 20100027822
He also states that a precedent exists in an Air Force Board for Correction of Military Records (AFBCMR) case and the Army Board for Correction of Military Records (ABCMR) case (AR20090011111) that time spent at the USUHS is valid for eligibility towards promotion. The applicants contention that his time spent as a student in the USUHS should serve as time in grade credit for his promotion to the rank of 1LT and that he should be promoted to the rank of 1LT the day following his...
ARMY | BCMR | CY2009 | 20090011111
The advisory opinion was provided to the applicant for comment and he responded to the effect that while the statutes governing USUHS students address service credit and promotion eligibility while in the USUHS Program, they do not address accrual of promotion eligibility once an individual is serving outside of the USUHS Program. Although the applicant is not entitled to service credit for the time he spent in the USUHS Program, the fact remains that he served on active duty and was paid...
ARMY | BCMR | CY2010 | 20100018890
An officer who does not complete the USUHS program is added to the Active Duty List (ADL) as a 2LT with a DOR of the date of disenrollment unless they have prior creditable commissioned service time before they entered the USUHS program. Accordingly, he should have been promoted to 1LT on 10 December 2008, the date he was academically disenrolled from the USUHS, and promoted to CPT effective 10 July 2010. The evidence of record shows he entered active duty as a student on 26 May 2007.
ARMY | BCMR | CY2005 | 20050006021C070206
Counsel states the applicant reentered the Army in the Medical Corps and was given active duty credit for the four years he spent at USUHS, as he had been upon his discharge in March 1994. Title 10, U. S. Code, chapter 105 (Armed Forces Health Professions Financial Assistance Programs), section 2126 (Members of the program: service credit), subsection 2126a states service performed while a member of the program shall not be counted (1) in determining eligibility for retirement other than by...
ARMY | BCMR | CY2010 | 20100025905
The applicant provides: * her Oath of Office * her disenrollment letter, dated 6 November 2007, from USUHS * active duty orders to USUHS * orders for promotion to first lieutenant * DA Form 1059 (Service School Academic Evaluation Report), dated * 22 July 2005, from the Army Medical Department (AMEDD) Officer Basic Course (OBC) * DA Form 1059, dated 24 April 2008, from the Basic Officer Leadership Course Phase II (BOLC II) * DA Form 1059, dated 17 June 2008, from AMEDD OBLC * DA Form 67-9...
AF | BCMR | CY2012 | BC-2012-01425
DPSIPV states that according to 10 USC, section 2126 the applicant will not be given active duty credit on his DD Form 214 because time spent in USUHS is not counted in determining eligibility towards retirement. In addition, Air Force Instruction 36-2604, Service Dates and Dates of Rank, defines EAD for the purpose of determining service dates as duty on the ADL of an armed service for 90 days or more. _________________________________________________________________ APPLICANT'S REVIEW OF...