IN THE CASE OF:	

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130016935 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2013 to show 23 years of creditable service (18 years active service plus 5 years medical training) instead of 18 years of creditable service. 

2.  The applicant states Medical Corps (MC) personnel are entitled to 5 years      (4 years medical school and 1 year internship) of additional credit included in the total creditable years for computation of length of service for pay purposes.

3.  The applicant provides:

* DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes)
* two DD Forms 214
* Certificate
* Certificate of Graduation
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement)

CONSIDERATION OF EVIDENCE:

1.  The evidence shows the applicant was a student and graduate of Chon-Nam University Medical School, Chon-Nam, Korea.  He attended the university from
1 March 1964 to 28 February 1968 (a period of 4 years).
2.  He completed a rotating internship at Saint Alexis Hospital, Cleveland, Ohio, from 1 July 1973 to 30 June 1974 (a period of 1 year).

3.  His record contains a DD Form 214 that shows his temporary appointment date to the rank/grade of major (MAJ)/O-4 was 6 July 1974 and that he performed 5 years and 10 days of active service from 6 July 1974 to 15 July 1979, as a member of the U.S. Army Reserve (USAR).

4.  The applicant had a break in service during the period 16 July 1979 to 5 July 1999.

5.  On 13 April 1999, he was appointed a Reserve commissioned officer in the Army of the United States in the rank/grade of MAJ/O-4. 

6.  His record contains a DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 15 April 1999, which shows he was awarded constructive service credit that allowed him to qualify for entry grade credit in the rank/grade of MAJ/O-4.

7.  On 6 July 1999, he entered active duty in the rank/grade of MAJ/O-4.  On    29 February 2012, he was honorably retired due to achieving the maximum age for service.  The DD Form 214 he was issued at the time shows he completed  12 years, 7 months, and 25 days of net active service during this period with       5 years and 10 days of prior active service.  His retirement orders show his years for basic pay as 22 years, 8 months, and 17 days.

8.  On 1 March 2012, he was recalled to active duty and he honorably served from 1 March 2012 to 28 February 2013, a period of 1 year.  The DD Form 214 he was issued at the time shows he had previously performed 17 years, 
8 months, and 5 days of total prior active service.  This resulted in a total of  
18 years, 8 months, and 5 days of active service.

9.  The applicant provides and his records contain a DA Form 1506 dated 
23 July 2013 that shows he was credited with 23 years of total creditable service for pay purposes.  He further provides a copy of his Leave and Earnings Statement which shows he has 23 years of service for pay purposes.

10.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) prescribes policy and procedures for the appointment of AMEDD officers with or without concurrent call to active duty).

   a.  Paragraph 3-1 states the grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.

   b.  Table 3-1 shows MC personnel are entitled to 4 years entry grade credit for their basic qualifying degree and 1 year of credit for the successful completion of their internship.

11. Department of Defense (DOD) Instruction 6000.13, paragraph 6, pertains to entry-grade credit.  It states that a prospective health profession officer's entry grade and rank within grade shall be determined by the number of years of entry-grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry-grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry-grade credit and qualifying periods of less than 1 full year shall be proportionately credited to the nearest day, except where noted otherwise.  Credit shall be awarded in accordance with this instruction.

12.  Title 10, U.S. Code, section 12207(e) states constructive service credited an officer under subsection (b) (education) shall be used only for determining the officer's initial grade, rank in grade, and service in grade for promotion eligibility.

13.  The DOD Financial Management Regulation (DODFMR) Volume 7A, paragraph 010105 states, in pertinent part that some medical and dental officers are entitled to extra credit for longevity purposes to reflect the time spent in medical or dental school [emphasis added].  Medical and dental officers must meet one or more of the following criteria to be entitled to constructive credit to include:

* On or before 15 September 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.

14.  The DODFMR Volume 7B, paragraph 0103 (Service Creditable for Percentage Purposes), subparagraph 010301B (Voluntary Retirement Commissioned Officers), subparagraph 010301B(2) states crediting of constructive service for medical and dental officers is not authorized after          14 September 1981.  However, post 14 September 1981, time is creditable in 


computing retired pay provided the officer is retirement eligible.  Example:  An  O-6 with 20 years and 6 months service under Title 37, U.S. Code, section 205 (excludes time in college/internship) is receiving basic pay for an O-6 over 20 years.  If this member served 5 years college/internship, then upon retirement, the member is to receive retired pay computed at 62.5 percent of basic pay as an O-6.  Thus, the time spent in college/internship does not count toward computation of retirement eligibility for length of service but does count in the computation of retired pay.
 
DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant mistakenly believes that his 5 years of time as a civilian in an inactive status while attending medical school and completing his internship should count as qualifying service for retirement rather than just for constructive credit for grade and pay.

2.  The applicant was appointed in the USAR on 6 July 1974 in the temporary rank of MAJ.  At that time, he was granted constructive credit for his education and internship that allowed him to qualify for entry in the rank/grade of MAJ/O-4.   

3.  The applicant's contentions have been noted; however, under the provisions of the applicable instructions and regulations, there is no evidence of the existence of error or injustice in his case.  His retirement orders and his DA Form 1506 already show he is being paid for over 23 years of service, but that time does not count toward computation of retirement eligibility for length of service.

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)                                         AR20130016935



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ABCMR Record of Proceedings (cont)                                         AR20130016935



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