IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150008109 


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 entry-grade constructive service credit (CSC).

2.  The applicant states:

* he completed 10 years of active duty service ending in 2007 in the rank/grade of major/O-4 with 4 years of time in grade
* he returned to active duty after 2 years of private practice in 2009 and he was given the rank of major/O-4 with 3 years of time in grade at that time
* he completed 4 years in the rank/grade of major/O-4 in good standing and continued in his professional capacity as a physician during his 2 years in private practice prior to his return to active duty
* he inquired with the U.S. Army Human Resources Command (HRC) shortly after his return to active duty, but he was not offered the opportunity to request corrected orders and he was not given a clear answer as to why he lost time in grade

3.  The applicant provides:

* DA Form 5074-R (Record of Award and Entry Grade Credit (Medical and Dental Officers))
* U.S. Army Reserve (USAR) (Unassigned) appointment memorandum, dated 25 June 1993, with his date of acceptance of 25 June 1993
* USAR Medical Corps appointment memorandum, dated 10 March 1997, with his date of acceptance of 17 May 1997
* U.S. Total Army Personnel Command Orders A-03-003130, dated 7 March 1997
* U.S. Total Army Personnel Command Order Number 223-001, dated 11 August 1997
* U.S. Total Army Personnel Command Order Number 139-041, dated 19 May 2003
* two DA Forms 71 (Oath of Office)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* HRC Orders A-01-903216, dated 29 January 2009
* HRC Order Number 137-016, dated 16 May 2012

CONSIDERATION OF EVIDENCE:

1.  On 25 June 1993, the applicant executed a service agreement for the Department of the Army Armed Forces Health Professions Scholarship Program and he was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant/O-1.

2.  On 17 May 1997, he graduated from medical school and he was appointed as Reserve commissioned officer in the rank/grade of captain/O-3 in the Army Medical Corps.

3.  On 7 June 1997, he was ordered to active duty to fulfill an active Army requirement and he was federally recognized on the same date.

4.  On 30 August 2007, he was honorably discharged.  His DD Form 214 shows he was credited with 10 years, 2 months, and 24 days of creditable active military service.

5.  Records show he was accessed onto active duty on 1 July 2009 in the rank/grade of major/O-4 to fulfill an active Army requirement in a voluntary indefinite status.

6.  HRC Order Number 275-003, dated 2 October 2009, shows his active date of rank (ADOR) for major/O-4 as 29 June 2006.

7.  On 27 July 2015, the Medical Corps/Veterinarian Corps Program Manager provided an advisory opinion wherein she stated the applicant's entry-grade CSC should be adjusted to 15 years, 1 month, and 24 days to fully account for his previous service on active duty as a Medical Corps officer as well as his additional civilian experience gained before assessing back onto active duty in 2009.  His CSC was calculated using the CSC method versus the highest grade held method that was used when he was accessed onto active duty in 2009.  She further stated:

	a.  He had 4 years of time in grade as a major/O-4 when he first separated from active duty in 2007.

	b.  The time between 31 August 2007 and the day he commissioned onto active duty again on 1 July 2009 equates to 1 year, 10 months, and 1 day of civilian experience (half day credit for this time equates to 11 months.)

	c.  The curriculum vitae submitted in his 2009 application packet for active duty shows he worked as an allergist/immunologist at the Salem Clinic, Salem, Oregon, since July 2009 to present day.

	d.  He was promoted to lieutenant colonel at the 6-year mark on 29 June 2012.

8.  On 29 July 2015, a copy of the advisory opinion was provided to the applicant for review and comments.  He did not respond by the suspense date.

9.  Army Regulation 600-8-29 (Officer Promotions) prescribes the policies and procedures governing promotion of Army commissioned officers on the Active Duty List (ADL).  Paragraph 1-43c states that if an officer is ordered to active duty and placed on the ADL in the Reserve grade currently held (without a concurrent new original appointment), the ADOR will be the effective date placement on the ADL backdated by either 3 years or the period calculated under paragraph 1-39b, whichever is less.

10.  Department of Defense Instruction 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states a prospective health professions 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 CSC and prior commissioned service (as outlined in the instruction) credit 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.

	a.  Section 6.1.1.1 states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services in the corps or professional specialty in which being appointed shall be credited on a day-for-day basis with any commissioned service performed before such appointment.

	b.  Section 6.1.2.2.1 states 4 years of constructive service credit shall be granted for completion of first professional degrees that include medical or osteopathy.

	c.   Section 6.1.2.2.5 states credit for one-half year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant's service credit was calculated based on the highest grade held method when he was assessed onto active duty in 2009.  He was credited with 13 years of service.

2.  Had his service credit been calculated using the CSC method he would have been awarded 15 years, 1 month, and 24 days of CSC based on his previous active duty service and additional civilian experience gained prior to his accession in 2009.

3.  In view of the above information, the applicant's records should be corrected to show his service credit was calculated using the CSC method and he was credited with 15 years, 1 month, and 24 days of CSC.

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 showing he was awarded 15 years, 1 month, and 24 days of CSC effective 1 July 2009.



      _____________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)                                         AR20150008109



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ABCMR Record of Proceedings (cont)                                         AR20150008109



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