BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120007796
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 18 May 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) to document the time that he spent at the Uniformed Services University of Health Sciences (USUHS).
2. The applicant states his DD Form 214 does not reflect the 4 years he was on active duty at the USUHS between July 1993 and May 1997. He states he would like to receive a corrected DD Form 214 that reflects this active service.
3. The applicant provides active duty orders and his DD Form 214 in support of his request.
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. After prior enlisted service in the Regular Army, the applicant was appointed a second lieutenant in the Medical Service Corps (MSC) of the U.S. Army Reserve (USAR) on 11 July 1993, and attended the USUHS. Upon graduation from the USUHS, he was appointed a captain in the Medical Corps (MC) on 17 May 1997 and entered active duty in that status. He was promoted to major on 17 May 2003.
3. On 18 May 2008, the applicant was honorably discharged under the provisions of paragraph 3-5, Army Regulation 600-8-24 (Officer Separations). The DD Form 214 he was issued at the time shows he completed 11 years and
2 days of net active service this period and a total of 14 years and 16 days of creditable active military service. It also shows he completed 3 years, 9 months, and 24 days of inactive military service.
4. During the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG) Graduate Medical Education Division Program Manager. This official states the applicant was granted 4 years of constructive service credit for his time at the USUHS which allowed his appointment in the grade of captain. She further states that time spent at the USUHS is creditable for retirement computation only if a member qualifies for retirement.
5. On 12 July 2012, the applicant responded to the OTSG advisory opinion and stated while he understands the OTSG response, he disagrees with the opinion. He states he does not understand why he cannot get a DD Form 214 showing his time at USUHS as active duty service since he fully intends to complete
20 years of active Federal service and feels the time should be credited to him the same as it would for an officer with 20 years of military service.
6. Volume 7A of the Department of Defense (DOD) Financial Management Regulation (FMR) provides military pay policy and procedures. Chapter 1 contains guidance on military pay and paragraph 010102 contains guidance on service that is not creditable. It states, in pertinent part, that the time a member spent at the USUHS subsequent to 14 September 1981 is not creditable.
7. Office of the Assistant Secretary of Defense Memorandum, dated 1 July 2002, Subject: Credit for Time Served at the Uniform Services University of the Health Science (USUHS) provides uniform guidance for computing military retired and retainer pay. It states, in pertinent part, that although the law precludes crediting this time for basic pay purposes, there is no exclusion with respect to computation of retired pay. As a result, the years of service at USUHS as a medical student are creditable for computing retired pay.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that his time spent at the USUHS be documented on his DD Form 214 has been carefully considered. However, the governing law restricts the use of this time as creditable service for pay purposes with the exception of retirement computation, as outlined in the DOD FMR and the Assistant Secretary of Defense Memorandum, dated 1 July 2002.
2. In view of the foregoing, there is an insufficient evidentiary basis to support granting 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.
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