IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100018918 


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 correction of his military record to show an additional month of constructive service credit for time served on active duty as a Medical Service Corps (MSC) officer following graduation from the U.S. Military Academy (USMA), West Point, NY.  He further requests correction of his original DA Form 71 (Oath of Office - Military Personnel) upon graduation from Medical School to show it was in the Regular Army, not a Reserve commissioned officer.

2.  The applicant states that he served 60 days of active duty as an MSC officer after completion of USMA.  He contends that he should receive 1/2 of this service as constructive credit.

3.  The applicant provides copies of:

* active duty orders
* DA Forms 71
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* U.S. Army Recruiting Command (USAREC) Form 1131 (Department of the Army Service Agreement - F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP)
* Memorandum, issued by the U.S. Army Human Resources Command, St. Louis, MO, (USAHRC-STL), subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code Section 12201 and 12203, dated 8 April 2009


* Order Number 275-002, dated 2 October 2009, promoting him to captain (CPT)

CONSIDERATION OF EVIDENCE:

1.  A DA Form 71, dated 28 May 2005, indicates that the applicant executed an oath of office as an MSC commissioned officer in the Regular Army (RA) and he was accordingly appointed as a second lieutenant (2LT).

2.  Orders 87-170, issued by Headquarters, U.S. Corps of Cadets, West Point, dated 28 March 2005, released the applicant from active duty effective 26 July 2005.  He was transferred to the U.S. Reserve Personnel Center Control Group (Officer Active Duty Obligor), St. Louis, MO to complete his Reserve obligation.

3.  The applicant's DD Form 214 for the period ending 26 July 2005 shows in:

	a.  Item 2 (Department, Component and Branch) the entry "Army - USMA -Cadet;

	b.  Item 4a (Grade, Rate, or Rank) the entry "Cadet";

	c.  Item 4b (Pay Grade) the entry "Special";

	d.  Item 12 (Record of Service):

* 12a (Date Entered Active Duty) the entry "2005  05  28"
* 12b (Separation Date this Period) the entry "2005  07  26"
* 12c (Net Active Service this Period) the entry "0000  01  29"

4.  USAREC Form 1131, dated 27 July 2005, indicates the applicant was accepted as a full-time student in a graduate course leading to a degree in medicine.

5.  A DA Form 71, dated 27 July 2005, indicates that the applicant executed an oath of office as a Reserve commissioned officer in the rank of 2LT.

6.  A memorandum, issued by USAHRC-STL, dated 8 April 2009, appointed the applicant as a captain, Medical Corps (MC), U.S. Army Reserve (USAR).  He was credited with 4 years of service in an active status.

7.  Orders A-04-910363, issued by USAHRC-STL, dated 8 April 2009, ordered the applicant to active duty as a captain in the MC with a reporting date of
12 June 2009.
8.  A DA Form 71, dated 17 May 2009, indicates that the applicant executed an oath of office as Reserve commissioned officer in the rank of CPT.

9.  A DA Form 71, dated 13 June 2009, indicates the applicant executed an oath of office as a commissioned officer in the RA MC in the rank of CPT.

10.  Orders Number 275-002, issued by USAHRC-Alexandria, VA, dated
2 October 2009, announced the determination affecting the applicant's promotion status, indicating that he was a CPT in the MC with a date of rank of 12 June 2009.

11.  In the processing of this case, on 10 May 2011, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, VA.  The advisory official states that:

	a.  the applicant is requesting correction of his constructive credit for rank and promotion;

	b.  he is requesting correction of the type of appointment he received when he executed his oath upon completion of Medical School;

	c.  he had provided additional information indicating that he had served on active duty in the MSC from 28 May to 26 July 2005 (1 month and 29 days);

	d.  Department of Defense Instructions (DODI) Number 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, is the governing directive.  Paragraph 6.1.1.2 states, "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";

	e.  based on the additional information, it was recommended that the applicant be granted an additional month of credit towards his date of rank; 

	f.  regarding his appointment upon completion of Medical School, the oath of office should have been in the RA, not in the USAR; and

	g.  his appointment date in the RA should be 17 May 2009.

12.  On 10 May 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

13.  DODI Number 6000.13:

	a.  implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs; and

	b.  provides at paragraph 6.1.1.2. 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 contends that his military records should be corrected to credit him with an additional month of constructive credit for time served on active duty as an MSC officer following graduation from USMA.  He further contends that his original oath of office upon graduation from Medical School was supposed to be in the RA, not in the USAR.

2.  The available evidence indicates that the applicant was appointed in the RA as an MSC 2LT on 28 May 2005 and he remained in this status through 26 July 2005, a period of 1 month and 29 days.

3.  The applicant subsequently was accepted as a full-time student in a graduate course leading to a degree in medicine.  On 8 April 2009, he was appointed as a USAR MC CPT.

4.  The advisory opinion clearly states that the applicant's commissioned service as an MSC officer was not considered when his constructive service credit was established.  Accordingly, the applicant should be granted 1 month of constructive credit for his service of 1 month and 29 days.  Furthermore, his date of rank should be accordingly adjusted by 1 month, and his DA Form 71 effective 17 May 2009 should have been in the RA vice the USAR.

5.  In view of the above the applicant's request should be granted as recommended below.


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 upon graduation from Medical School he executed an oath of office in the Regular Army;

	b.  showing his date of appointment in the Regular Army as 17 May 2009; and

	c.  adjusting his date of rank for captain accordingly as a result of these corrections.



      ___________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)                                         AR20100018918



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ABCMR Record of Proceedings (cont)                                         AR20100018918



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