IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20110001854 


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 the computation of his retired pay, in effect, by:

	a.  correcting his retirement order to show inclusion of his 4 years of constructive service credit (CSC) for longevity and percentage for retirement pay purposes; and

	b.  requesting the Defense Finance and Accounting Service (DFAS) complete a thorough audit of his retired pay computations to include recalculation of retired pay commencing 1 February 2010, payment of the difference in retired pay for the period 1 February 2010 until the time of correction of any error(s) is completed, and adjust future retired pay accordingly.

2.  The applicant states upon retirement from active duty, he was credited with 30 years, 4 months, and 16 days of active service.  However, when he entered active duty as a dental officer on 15 September 1979, he was awarded 4 years of CSC.  This CSC was not included in the service computation under Title 10, U.S. Code (USC), section 1405 for longevity.  The DOD Financial Management Regulation (FMR), Volume 7A, chapter 1, section 010101 states some medical and dental officers are entitled to extra credit for longevity purposes to reflect time spent in medical or dental school.  His appointment memorandum as well as his orders to active duty credited him with 4 years of CSC.  He fell under the pre-DOPMA (Defense Officer Personnel Management Act) of 1982 rule.  In effect, his 4 years he was in the Health Professions Scholarship Program (HPSP) are creditable service that should be documented on his DD Form 214, retirement orders, and the DFAS retired pay calculation.

3.  The applicant provides:

* Appointment memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 220 (Active Duty Report)
* DA Form 71 (Oath of Office)
* DOD Financial Management Regulation (DOD FMR)
* Orders 328-0006 (Retirement orders)
* Orders A-03-44965 (Orders to active duty)
* Automated service computation for retirement

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was awarded a Bachelor in Biology degree on 10 May 1974.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 21 September 1976. He subsequently attended Washington University, St. Louis, MO, from 1976 through 1979 and he was awarded a Doctor of Dental Medicine degree.

2.  On 26 March 1979, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, issued the applicant an appointment memorandum as a Dental Corps (DC) Reserve commissioned officer in the rank of first lieutenant.  This memorandum listed 4 years of CSC.

3.  On 29 March 1979, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders A-03-44965, ordering the applicant to active duty as an obligated volunteer officer for a period of 3 years.  The orders show he was awarded 4 years of CSC as of the date he entered on active duty.

4.  He entered on active duty on 15 September 1979.  He served in staff or command positions within and outside continental United States, and attained the rank of colonel (COL) on 1 October 1997.

5.  On 24 November 2009, Headquarters, U.S. Army Garrison, Fort Belvoir, VA, published Orders 328-006 authorizing the applicant's retirement on 31 January 2010 and his placement on the retired list in the rank of COL on 1 February 2010. The orders show:

* Voluntary retirement - completion of 30 years, 4 months, and 16 days of active service
* Section 1405 - 30 years, 4 months, and 16 days
* Basic pay - 34 years, 4 months, and 18 days

6.  He was honorably retired on 31 January 2010 and placed on the retired list in his retired rank of COL on 1 February 2010.  His DD Form 214 shows in:

* Item 12a (Date Entered AD (Active Duty) This Period) - "1979  09  15"
* Item 12b (Separation date This Period) - "2010  01  31"
* Item 12c (Net Active Service This Period) - "0030  04  16"
* Item 12d (Total Prior Active Service) - "0000  00  00"
* Item 12e (Total Prior Inactive Service) - 0004  00  02"

7.  His records contain an automated service computation for retirement sheet that shows: 

* Inactive service: 4 years and 2 days; from 13 September 1975 to 14 September 1979
* Active service: 30 years, 4 months, and 16 days; from 15 September 1979 to 31 January 2010
* Total service for basic pay purposes: 34 years, 4 months, and 18 days
* Total service for percentage purposes: 30 years, 4 months, and 16 days 

8.  His ARPC (Army Reserve Personnel Command) Form 249-E (Chronological Statement of Retirement Points) dated 8 February 2011 shows full Regular Army retirement credit for the 4 years from 13 September 1975 to 12 September 1979. Additionally, this form show he completed 34 years, 4 months, and 18 days of active service.

9.  A review of the applicant's Summary of Retired Pay Account prepared on 25 October 2007 shows service for basic pay of 32 years, 5 months, and 2 days. 

10.  The Defense Officer Personnel Management Act (DOPMA), for medical officer pay and entitlements, was passed in December 1980 and was implemented on 15 September 1981.  The Act eliminated constructive service credit for pay purposes for students who enrolled in the USUHS (Uniformed Services University of the Health Sciences) and HPSP after 14 September 1981.  Constructive service credit was no longer needed for longevity pay purposes because the Act restructured the pay system for military health professionals. 


11.  Before the Act was implemented, medical officers who graduated from USUHS and HPSP received 4 years of constructive service credit for training.  Each medical officer's pay was increased by a certain amount per month while he or she was on active duty.  The officer also received additional retirement pay. The USUHS and HPSP classes that graduated in 1985 and 1986 were the first to be affected by the Act.  The classes of 1982 through 1984 entered on active duty before the Act was implemented and therefore received 4 years of constructive service credit.

12.  DOD FMR, Volume 7A, chapter 1, discusses basic pay.  It states the several military pay and personnel systems use a variety of dates to determine various entitlements.  Among them is the date that denotes how much service a member has for the purpose of determining longevity pay rates.  The Army refers to this as the "pay entry basic date."  For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service.  

13.  DOD FMR, sub-paragraph 010101 discusses service that is creditable towards longevity.  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.  Medical and dental officers must meet one or more of the following criteria to be entitled to the constructive credit:

	a.  On or before September 15, 1981, the officer already had the constructive service credit; the credit is not lost if there is a break in service either before or after that date.  This includes Public Health Service officers.

	b.  On September 14, 1981, the individual was enrolled either in the HPSP or the USUHS, completed that program, and was appointed as a medical or dental officer.

Medical and dental officers who meet the criteria in subparagraph 010101.E.1 are entitled to 4 years of constructive service credit.  For example, an individual completed dental school on 11 June 1977 and accepted commission as a dental officer on 3 August 1977, the member was credited with 4 years of constructive service and a basic pay date of 3 August 1973.  

14.  Title 10, U. S. Code, section 3926(a)(1) states, for the purpose of determining whether an officer of the Army may be retired under section 3911 (a 

commissioned officer who has completed 20 years or more) of this title, his years of service are computed by adding all active service performed as a member of the Army or the Air Force.

15.  Title 10, U. S. Code, section 101 defines "active duty" as full-time duty in the active military service of the United States.  Such term includes full-time training duty; annual training duty; and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially appointed in the USAR on 21 September 1976.  He subsequently attended Washington University, St. Louis, MO, from 1976 through 1979 and he was awarded a Doctor of Dental Medicine degree.  He was appointed as a DC Reserve commissioned officer on 26 March 1979 and he was awarded 4 years of CSC.

2.  He entered active duty on 14 September 1979 and he retired on 31 January 2010.  His retirement orders and service computation for retirement worksheet credited him with 30 years, 4 months, and 16 days of creditable active service.  

3.  He contends his 4 years of CSC should count toward his retirement pay calculations and believes that his retirement orders should be amended to show 34 years, 4 months, and 18 days for retirement pay percentage purposes. 

4.  In accordance with the governing statutes and DOD policy, the time he spent as a medical student is creditable service for computing retired pay only after the individual is retirement eligible.  DOPMA became effective on 15 September 1981 and eliminated CSC for pay purposes.  The applicant was appointed and received his CSC prior to 15 September 1981.  He is entitled to 4 years of service credit for longevity and retirement pay percentage purposes only.  Therefore, he is entitled to have his retirement orders amended to show 34 years, 4 months, and 16 days of service credit for both basic pay and retirement percentage purposes (Section 1405) instead of the 30 years, 4 months, and 16 days as currently shown.

5.  He also entitled to a DFAS audit of his retirement pay computations based on Board recommendations to correct his service for retirement pay purposes, payment of any difference in retired pay as a result of these corrections, and adjustment to his future retired pay as appropriate.


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 the line entry of "Section 1405: 30 years, 4 months, 16 days" of U.S. Army Garrison, Fort Belvoir, VA, Orders 328-0006, dated 24 November 2009, which authorized the applicant's retirement on 31 January 2010 and placement on the retired list on 1 February 2010 to show "Section 1405: 34 years, 4 months, 18 days";

	b.  amending the line entry, "Additional instructions:  Not applicable" of U.S. Army Garrison, Fort Belvoir, VA, Orders 328-0006, dated 24 November 2009, to show "Additional instructions: Individual is credited with 4 years of additional post-retirement credit for retirement percentage; Officer awarded 4 years of constructive service credit prior to implementation of Defense Officer Personnel Management Act, in December 1980"; and

	c.  Based on the corrections, DFAS auditing the applicant's retired pay account, paying him any difference in retired pay as a result of these corrections, and making any appropriate adjustments to his future retired pay.



      _______ _   _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)                                         AR20110001854



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001854



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1