IN THE CASE OF:  	  

		BOARD DATE:  14 May 2015	  

		DOCKET NUMBER:  AR20140017049 


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 award of constructive credit for his prior commissioned service and correction of his date of rank (DOR) for captain in the Medical Corps.

2.  The applicant states:

	a.  He graduated from West Point on 29 May 2004 and served as an infantry officer for 4 years, 2 months, and 5 days before transferring to the Medical Services Corps as a second lieutenant for medical school at the Uniformed Services University of the Health Sciences (USUHS).

	b.  Upon graduation he should have received 1/2 day of credit for his prior active commissioned service (2 years, 1 month, and 2 days) and therefore his total entry-grade credit should be 6 years, 1 month, and 2 days.   

3.  The applicant provides:

* DA Forms 71 (Oath of Office – Military Personnel), dated 29 May 2004, 
      4 August 2008, and 19 May 2012 
* West Point transcript
* promotion orders
* Doctor of Medicine Degree Certificate
* letter from USUHS, dated 2 July 2012
* permanent change of station orders, dated 25 April 2012
* DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes)
* DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers))
* U.S. Army Human Resources Command Orders Number 152-003, dated 31 May 2012 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 29 May 2004.  He was promoted to captain on 1 July 2007.  

2.  He applied and was accepted into the USUHS.  He was appointed as a second lieutenant in the Regular Army Medical Service Corps on 4 August 2008.  He was appointed as a first lieutenant on 9 October 2008.

3.  A DA Form 5074-R, dated 9 March 2012, shows he received 4 years of constructive service credit for his medical degree for the period 3 August 2008 to 19 May 2012.  There is no entry for his prior active commissioned service.

4.  He was appointed as a captain in the Regular Army Medical Corps on 19 May 2012.

5.  U.S. Army Human Resources Command Orders Number 152-003, dated 31 May 2012, shows his Medical Corps DOR for captain as 19 May 2012. 

6.  He provided a DA Form 1506, dated 13 January 2014, which shows he completed 4 years, 2 months, and 5 days of active service during the period 29 May 2004 through 3 August 2008.  (This form is not authenticated by a certifying official.) 

7.  In the processing of this case an advisory opinion was obtained from the U.S. Army Recruiting Command, Fort Knox, KY.  The advisory official determined the applicant's calculated total entry-grade credit of 4 years is incorrect and that his total entry-grade credit should be 6 years, 1 month, and 3 days which includes prior-service credit for his time served as an active duty Army infantry officer.  The advisory opinion pointed out:
 
	a.  The applicant attended the U.S. Military Academy at West Point and graduated in 2004 when he was commissioned in the U.S. Army as an infantry officer on 29 May 2004.  Prior to attending USUHS in 2008, he was branched Medical Services Corps on 4 August 2008.  He graduated from USUHS on 19 May 2012 and was commissioned as a Medical Corps officer on that date.

	b.  Department of Defense Instruction (DODI) 600.13, section 6.1.2.2.1, states, "four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.) and osteopathy (D.O.)." The applicant received 4 years of constructive credit for completion of his M.D. at USUHS.

	c.  DODI 6003.13, section 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 a 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."  The applicant did serve as an active duty infantry officer upon graduation from USMA up to the day prior to his attendance at USUHS.  As indicated on the DA Form 1506 included in his packet, this time equates to 4 years, 2 months, and 5 days.  Per the DODI, he should receive 1/2 day of credit for this time, giving him additional constructive-service credit for prior service of 2 years, 1 month, and 3 days. 

	d.  The original DA Form 5074 that was completed prior to his entry as a Medical Corps officer indicated there was no documentation to award credit for his time served as an active duty infantry officer and therefore he did not receive the additional 2 years, 1 month, and 3 days of constructive-service credit.

	e.  The applicant provided documentation and sufficient evidence to validate his service as an active duty Army infantry officer from 29 May 2004 to 3 August 2008.  Per DODI 6003.13, the applicant should have entered as a Medical Corps officer on 19 May 2012 with entry grade credit of 6 years, 1 month, and 3 days.

8.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal.  On 13 March 2015, he responded with no additional comments.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served as an infantry officer from 29 May 2004 to 3 August 2008 for a total of 4 years, 2 months, and 5 days.

2.  When he was appointed as a captain in the Regular Army Medical Corps on 19 May 2012, he was awarded only 4 years of constructive credit for his medical degree.

3.  Per DODI 6003.13, he should have received 1/2 day of credit for his prior active commissioned service (29 May 2004 to 3 August 2008), giving him an additional constructive service credit of 2 years, 1 month, and 3days.
4.  The advisory opinion states he should have entered as a Medical Corps officer on 19 May 2012 with a total entry-grade credit of 6 years, 1 month, and 3 days.  

5.  Based on the evidence of record, it would be appropriate to adjust his prior active commissioned service credit to show 2 years, 1 month, and 3 days and adjusting his Medical Corps DOR for captain accordingly.

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 his prior active commissioned service credit to 2 years, 1 month, and 3 days;

	b.  adjusting his active service Medical Corps DOR for captain accordingly; and

   c.  paying him any and all back pay and allowances due as a result of these corrections.



      _______ _   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)                                         AR20140017049



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017049



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1