IN THE CASE OF:	  

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120021569 


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 DA Form 1506 (Service Computation for Separation) to add 5 years of constructive service credit.

2.  The applicant states the "Service Computation for Separation" needs correction.  It is lacking the five (5) years of "constructive service for Medical Corps/Dental Corps (MC/DC)" that he should have been given (4 years for his medical school and 1 year for his internship) because his commission as a medical officer date of 9 June 1969 is prior to the 15 September 1981 date cited in Military Personnel (MILPER) Message 06-066, dated 7 March 2006, Subject: DA Form 1506, Statement of Service for Army Medical Department (AMEDD) Officers Who Assessed after 14 September 1981.  When he was separated in 2011, the DA Form 1506 lacked 5 years of constructive credit that was added by the transition office on 12 January 2012 and accompanies this claim.  He appealed to the Veterans Support Branch of the U.S. Army Human Resources Command (HRC) but was denied solely on MILPER Message 06-066 cited above.  This message clearly states that he qualifies as he was commissioned on 9 June 1969.  Repeated phone calls to Veterans Support Branch yielded no other reason or regulation.  

3.  The applicant provides:

* Denial memorandum from HRC
* MILPER Message 06-066
* Extract of DOD Instructions 6000.13 (Medical Manpower and Personnel)
* DA Form 1506 (Automated)
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certificate of medical internship
* Certificate of graduation
* Orders A-12-001464 (orders to active duty)
* DA Form 71 (Oaths of Office - Military Personnel)
* 1969 Appointment memorandum
* Orders 059-0314 (retirement orders)

CONSIDERATION OF EVIDENCE:

1.  The applicant attended the University of Michigan Medical School between August 1964 and June 1968.  A degree of Doctor of Medicine was conferred upon him on 1 June 1968.  He also served as a medical intern at Wayne County General Hospital, from 1 July 1968 to 30 June 1969.

2.  The applicant was appointed as a Reserve commissioned officer of the Army, Medical Corps (MC), in the rank of first lieutenant (1LT), and he executed an oath of office on 9 June 1969.  

3.  He entered active duty on 1 November 1969.  He completed the AMEDD Officer Basic Course. 

4.  He was honorably released from active duty on 31 October 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

5.  While in the USAR, he served in a variety of assignments, and he was promoted to colonel (COL) in August 1986. 

6.  In July 1988, he submitted an application to enter active duty.  As such, a DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) was prepared.  This form documented his schooling, internship, residency, and professional experience.  It qualified him for entry on active duty in the rank of COL and with a date of rank of 15 August 1986. 

7.  He entered active duty on 25 January 1989.  He served in a variety of assignments and he retired on 30 September 2011.  A DA Form 1506 was prepared in connection with retirement.  This form shows service credit as follows:


* 1 November 1969 to 31 October 1971 - 2 years (active service)
* 25 January 1989 to 30 September 2011 - 22 years, 8 months, and 6 days of active service
* 1 November 1971 to 24 January 1989 - 15 years, 11 months, and 1 day of inactive service 
* Total Active Service: 25 years, 11 months, and 29 days
* Total Service for Percentage Purposes: 32 years, 6 months, and 12 days

8.  Page 2 of the DA Form 1506 shows the entries:

* Item 37 (Active Service) - "25-11-29"
* Item 38 (Inactive Service Prior to 1 June 1958) - "00-00-00"
* Item 39 (Retirement Points After 1 June 1958) - "01-06-13"
* Item 40 (Medical and/or Dental School and Internship) - "05-00-00"
* Item 41 (Total [Title 10, U.S. Code] section 1405 service) - "32-06-12"

9.  It appears he communicated with HRC officials regarding the computation of his service and/or retirement points.  On 19 July 2012, an HRC official notified him that he did not qualify for additional service credit.  

109.  MILPER Message 06-066, dated 7 March 2006, provides clarification to the procedures used to complete the DA Form 1506 regarding computation of service for pay purposes for officers who accessed after 14 September 1981. 

	a.  Creditable service is Government service with counts toward the pay entry basic date (PEBD).  The PEBD is the date that denotes how much service a member has for the purpose of determining longevity pay rates.  The officer's servicing personnel office is responsible for completing the DA Form 1506.

	b.  The correct or accurate calculation of creditable service is based on the following DOD programs:  The Uniformed Services University of Health Services (USUHS), the Armed Forces Health Professions Scholarship Program (HPSP), and the Financial Assistance Program (FAP).  Adherence to the proper guidelines eliminates miscalculations.  Time spent in USUHS, HPSP, or FAP is not creditable for pay.  Any period of active duty for training performed while a member of USUHS, HPSP, or FAP is not creditable for pay.  Any active Reserve or Individual Ready Reserve service periods prior to entry into USUHS, HPSP, or FAP is creditable for pay.  

	c.  Some medical or dental officers are entitled to constructive service credit for longevity purposes to reflect the time spent in medical or dental school.  Medical or dental officers must meet one or more of the following criteria to be entitled to the credit:
* The physician or dentist was commissioned as a medical or dental officer on or before 15 September 1981
* On 14 September 1981, the individual was enrolled either in the HPSP or USUHS, completed the program, and was appointed as a medical or dental officer
* On 14 September 1981, the individual was participating in a program that credited years of service and led to an appointment as an officer of the Army, Navy, Air Force, or marine Corps

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 1 November 1969 to 31 October 1971 (2 years) and in the Selected Reserve of the USAR from 10 August 1971 to 24 January 1989 (15 years, 11 months, and 1 day of inactive service).  He then entered active duty on 25 January 1989 (22 years, 8 months, and 6 days) and he retired on 30 September 2011.   Upon retirement, a DA Form 1506 was submitted.  This form credited him with his active and inactive status. 

2.  When the applicant was appointed as a Reserve commissioned officer in June 1969 (which is prior to 14 September 1981), he did so in the rank of 1LT, as a doctor.  In other words, he already received constructive service credit that allowed him to enter the military as a 1LT.  From a grade/date of rank standpoint, the applicant received appropriate service credit at the time. 

3.  The applicant's Pay Entry Basic Date is 1 November 1969.  His total service for basic pay is in fact based on 41 years and 11 months and his total active service, creditable under Title 10, USC, section 1405, is 27 years, 6 months, and 12 days.  

4.  Time spent in medical school by Medical Corps officers can only be added to service for basic pay once a member reaches 20 years of active duty service for Title 10, USC, section 1405.  Time spent in medical school cannot be credited towards active duty time or section 1405 service.  Nevertheless, it is clear that the DA Form 1506 accounted for his medical school and internship in item 40 when calculating his total service.  

5.  In any case, by law retired pay as a COL/O-6 is maxed out at 30 years.  Any increase to the applicant's current service for basic pay of 41 years, 11 months and 00 days will not result in any change to his retired pay as a COL/O6.  From a pay standpoint, calculation of creditable service is based on DOD programs and his retired pay appears to be correct.  


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)                                         AR20120021569





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ABCMR Record of Proceedings (cont)                                         AR20120021569



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