IN THE CASE OF:  	  

		BOARD DATE:  22 October 2015	  

		DOCKET NUMBER:  AR20150003380 


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 constructive service credit for his prior active commissioned service.

2.  The applicant states:

	a.  He is a Reserve dental officer.  He rejoined the military after a break in service in 2013.  He has been trying to get a copy of his DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) for a year. 
He discovered errors in the constructive credit data when he received his DA Form 5074-R.

	b.  He was a distinguished military graduate from the Reserve Officers' Training Corps and was commissioned as a second lieutenant in the Regular Army in 1993.  He served on active duty as an Army Nurse Corps officer for over 4 years and he resigned his commission in 1998 to attend dental school.  He remained in the U.S. Army Reserve Individual Ready Reserve from 1998 to 2008.  He graduated from dental school in 2003 and completed a general practice residency (1 year) in 2004.  He has worked as a licensed dentist from 2004 and has practiced continuously since then.  He was also promoted to major in 2005 while assigned to the Individual Ready Reserve.

	c.  He believes the DA Form 5074-R was calculated with incomplete information.  The possible errors on his DA Form 5074-R involve his inaccurate professional time starting in 2008.  He has worked continuously since 2004.  Also, his prior commissioned service is not entered on the form.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 5074-R
* employment certification

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant in the Regular Army and he entered active duty on 13 June 1994.  He was honorably discharged from active duty on 7 September 1998 for miscellaneous/general reasons.  He was appointed as a Reserve commissioned officer 8 September 1998.  He was honorably discharged from the U.S. Army Reserve (USAR) effective 14 January 2008.

2.  He was reappointed as a captain in the USAR in the Dental Corps on 10 July 2013.

3.  He provided a DA Form 5074-1-R, dated 15 August 2013, showing he received no (00-00-00) constructive credit for prior active commissioned service. 
His total entry-grade credit was 7 years, 7 months, and 6 days (07-07-06) with a date of rank (DOR) of 4 December 2009.

4.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC), Fort Knox, KY, dated 14 April 2015. 
USAREC recommended approval of the applicant's request and noted his prior-service credit is incorrect at "00-00-00" and an adjustment of 4 years and 8 months (04-08-00) is necessary, making his total entry-grade credit 12 years, 3 months, and 6 days (12-03-06).  The opinion stated:

	a.  The applicant was a commissioned Army Nurse in the Active Component during the period 18 December 1993 to 7 September 1998.  On 8 September 1998, he transferred to a Reserve Component where he served until 14 January 2008.

	b.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), 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 the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.  The applicant received 2 years, 4 months, and 10 days (02-04-10) for his active duty commissioned service as an Army Nurse.

	c.  DODI 6000.13, section 6.1, states a period of time shall be counted only once when computing entry-grade credit.  The applicant's time as a Reserve commissioned officer overlaps with both his dental school from 1 September 1999 to 25 May 2003 and his 1-year Advanced Education in General Dentistry (AEGD) Program from 1 July 2003 to 30 June 2004.  He was given 1/2 day of credit for each day served when not in his Doctor of Dental Medicine or AEGD programs.  This credit equals 2 years, 3 months, and 20 days (02-03-20).

	d.  According to DODI 6000.13, the applicant's total entry-grade credit is 12 years, 3 months, and 6 days (12-03-06) with a DOR to captain of 4 April 2005.

5.  On 15 April 2015, a copy of the advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comment or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his prior-service credit is incorrect as shown on his DA Form 5074-R appears to have merit.

2.  The evidence shows he was a commissioned as an Army Nurse in the Regular Army from December 1993 to September 1998 and later in the USAR from September 1998 to January 2008.

3.  He was appointed as a captain in the USAR in the Dental Corps on 10 July 2013, but he was not awarded constructive credit for his prior active commissioned service.

4.  The advisory opinion states he qualifies for a total of 4 years and 8 months of constructive credit for his prior Regular Army commissioned service from 18 December 1993 to 7 September 1998 (2 years, 4 months, and 10 days) and his USAR service from 8 September 1998 to 14 January 2008 (2 years, 3 months, and 20 days).  His total entry-grade credit should be 12 years, 3 months, and 6 days (12-03-06), and his DOR to captain should be 4 April 2005.


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his military records to show:

* he received a total of 4 years and 8 months (04-08-00) of constructive service credit for his prior service
* his total entry grade credit as 12 years, 3 months, and 6 days (12-03-06)
* his DOR to captain as 4 April 2005



      ____________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)                                         AR20150003380



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ABCMR Record of Proceedings (cont)                                         AR20150003380



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