IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110001877
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 date of rank (DOR) to account for his active duty service completed upon graduation from the United States Military Academy (USMA), West Point.
2. The applicant states the following:
a. having graduated from the USMA in 1994, he entered active duty in the rank of second lieutenant (2LT);
b. upon completion of 2 months active duty service, he was released from active duty (REFRAD) to join the U.S. Army Reserve (USAR) and attend medical school;
c. upon completion of medical school in 1998, he reentered active duty in the rank of captain (CPT) with the DOR corresponding to his date of graduation from medical school;
d. he should receive a half day credit for each full day of service he previously completed on active duty thereby adjusting his CPT DOR by 1 month; and
e. his CPT DOR has incorrectly impacted his DORs for promotion to major (MAJ) and lieutenant colonel (LTC).
3. The applicant provides the following documents in support of his application:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* USMA West Point discharge order
* Memorandum dated 27 July 1994
* DA Form 71 (Oath of Office) completed 27 July 1994
* DA Form 4572-R (Statement of Understanding for Appointment as a Commissioned Officer)
* DA Form 3574 (Certificate of Acknowledgment and Understanding of Service Requirements)
* Assignment Order
* Active Duty Order
* DA Form 71 completed 6 June 1998
* Appointment Order
* MAJ and LTC Promotion Orders
* Email communication dated 8 June 2011
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he graduated from the USMA with his Bachelor of Science Degree on 28 May 1994 and entered active duty in the rank of second lieutenant (2LT/O-2). On 26 July 1994, he was honorably discharged, having completed 1 month and 29 days of creditable service.
2. On 27 July 1994, he was appointed a 2LT in the USAR, Health Professions Scholarship Program (HPS) and completed his Oath of Office.
3. On 5 June 1998, the applicant graduated from the University of Texas Southwestern Medical Center with a Doctor of Medicine Degree.
4. On 6 June 1998, he was appointed a captain (CPT/O-3) in the Medical Corps (MC) and entered active duty. He was promoted to MAJ on 7 June 2004 and LTC on 7 June 2010.
5. At the time of his application, he was a LTC, serving as an Orthopedic Surgeon at Madigan Army Medical Center, Tacoma, Washington.
6. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of The Surgeon General (OTSG). This OTSG official cited the governing directive in Department of Defense Instructions 6000.13 and recommended the applicant receive a 1 month CPT DOR adjustment based on the 2 months active duty service he completed prior to beginning the HPSP and medical school.
7. On 5 June 2011, the applicant concurred with the contents of the OTSG advisory opinion.
8. Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997, Subject: Medical Manpower and Personnel, provides the policy on awarding constructive credit. 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 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 contends his DOR for CPT should be adjusted from 6 June 1998 to 6 May 1998.
2. The evidence of record confirms the applicant completed 1 month and 29 days prior active duty service as a commissioned officer before entering the USAR and beginning medical school, as evidence by his DD Form 214 covering that period. Having graduated from medical school on 5 June 1998, the very next day he was appointed a CPT with a DOR of 6 June 1998, and swore his oath office. As a result he did not receive any credit for his prior active duty commissioned service totaling 1 month and 29 days. Accordingly, his DOR should be adjusted at this time from 6 June 1998 to 6 May 1998.
3. Further, based on his CPT DOR adjustment, his record should also be corrected to adjust his MAJ and LTC dates of rank by one month.
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. adjusting the following date of ranks to reflect:
* CPT from 6 June 1998 to 6 May 1998
* MAJ from 7 June 2004 to 7 May 2004
* LTC from 7 June 2010 to 7 May 2010
b. providing him any back pay and allowances due as a result of this 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.
ABCMR Record of Proceedings (cont) AR20110001877
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110001877
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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