IN THE CASE OF:	  

		BOARD DATE:	    6 March 2012

		DOCKET NUMBER:  AR20110009431 


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 service credit for time in the Uniformed Services University of Health Sciences (USUHS).

2.  The applicant states:

* Her 1995 U.S. Air Force (USAF) DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 11 years, 1 month, and 12 days of creditable active service and 4 years, 1 month, and 12 days of inactive service - this is time she spent in USUHS
* She understood that although she would receive pay in grade credit for the inactive service, she would not receive credit towards retirement
* She chose to return to a Reserve status in 2008 by joining the U.S. Army Reserve (USAR), with assurance by an experienced medical recruiter that the 4 years would count as active duty service
* She returned to the USAR on that basis; however, had she been counseled correctly she would not have made this choice

3.  The applicant provides:

* Her USAF DD Form 214 for the period ending 30 June 1995
* A DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)
* Her Certificates of Training and/or Completion
* 
A Diploma - Bachelor of Arts
* A Diploma - Doctor of Medicine

CONSIDERATION OF EVIDENCE:

1.  The applicant graduated from Birmingham Southern College with a Bachelor of Art in Biology/History degree on 5 May 1980.

2.  Her USUHS contract is not available for review with this case; however, it appears she entered USUHS in Bethesda, MD, on or about 25 August 1980 and she was awarded a Medical Doctor degree on 19 May 1984.

3.  She entered the active USAF on 19 May 1984.  She served at the USAF Medical Center, Keesler Air Force Base, MS, from July 1984 to June 1988, and she completed her Residency in Obstetrics and Gynecology.  

4.  She was honorably discharged from the USAF in the rank of lieutenant colonel (LTC) on 30 June 1995.  Her USAF DD Form 214 shows she completed:

* 11 years, 1 month, and 12 days of active service
* 1 month and 21 days of prior active service
* 4 years, 1 month, and 16 days of prior inactive service

5.  In November 2007, she submitted an application for appointment as a Reserve commissioned officer.

6.  She was appointed as a USAR Medical Corps officer in the rank of LTC and she executed an oath of office on 9 May 2008.  She completed the Army Medical Department Basic Officer Leader Course from 1 to 26 July 2011.

7.  She entered active duty on 30 August 2011 and she subsequently served in Iraq from 10 September 2011 to 4 December 2011.  She was honorably released from active duty on 17 December 2011.

8.  During the processing of this case, on 7 February 2012, an advisory opinion was obtained from Headquarters, U.S. Army Recruiting Command, Fort Knox, KY.  The advisory official recommended disapproval of her request.  The official stated:

* Title 10, U.S. Code, section 2114b states “the service credit exclusions specified in section 2126 of this title shall apply to students covered by this section
* Title 10, U.S. Code, section 2126a states except as provided in sub-section b, service performed while a member of the program shall not be counted:

* In determining eligibility for retirement other than by reason of physical disability incurred while on active duty as a member of the program; or
* In computing years of service creditable under Title 37, U.S. Code, section 205

* A copy of her USUHS contract is not available for review; however, the contract would have reiterated what is written in Title 10

9.  On 8 February 2012, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

10.  The Defense Officer Personnel Management Act (DOPMA), for medical officer pay and entitlements, was passed in December 1980 and implemented on 15 September 1981.  The Act eliminated constructive service credit for pay purposes for students who enrolled in the USUHS 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; therefore, they received 4 years of constructive service credit.

12.  The Department of Defense Financial Management Regulation (DODFMR), 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:
* 
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
* 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.  

13.  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 or her years of service are computed by adding all active service performed as a member of the Army or the Air Force.

14.  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 contends she should be awarded active service time for her USUHS service.

2.  The applicant served on active duty from 19 May 1984 through 30 June 1995. She was credited with 11 years, 1 month, and 12 days of creditable active service.  Prior to entering active service she completed 4 years, 1 month, and
16 days of inactive service as a student in USUHS.  While her service as a student entitled her to pay and tenure, it was nonetheless inactive service.

3.  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.

4.  It is regrettable that the applicant believes she was misinformed regarding the nature of this service.  Nevertheless, the law is clear with respect to service in the USUHS.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110009431



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ABCMR Record of Proceedings (cont)                                         AR20110009431



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