RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 March 2006
      DOCKET NUMBER:  AR20050015732


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas H. Reichler            |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, service credit for time served with
the Department of Veterans Affairs (VA) and adjustment of his Pay Entry
Basic Date (PEBD).

2.  The applicant states, in effect, that Army computation regulations
provide that full time service in the VA is creditable service.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Resume; Appointment Memorandum;
Active Duty Orders; Electronic Mail (e-mail) Messages-Pay Calculations with
United States Army Recruiting Command (USAREC); VA Employment Confirmation
Memorandum and Related Documents; Military Medical Professionals Memoranda
of Support (4); and Letters of Appreciation and Commendation.  Chief,
Medical Corps Memorandum, dated 24 August 2005;

CONSIDERATION OF EVIDENCE:

1.  A Record of Award of Entry Grade Credit, Medical and Dental Officers
(DA Form 5074-R) prepared on the applicant on 15 April 2002, during his
appointment processing, confirms he was granted a total of 22 yeas of
constructive service credit, which allowed him to be appointed in the grade
of colonel.

2.  On 23 April 2002, the applicant was appointed a colonel (COL) in the
medical corps (MC) of the United States Army Reserve (USAR), and entered
active duty on 2 September 2002.

3.  The applicant provides a series of e-mail messages to and from Army
officials working on his appointment.  In these he continuously refers to
his understanding, which he gained from friends who work for the Department
of Defense (DOD), that he would be entitled to receive basic military pay
based on 20 to 22 years of service based on his service with the VA.  The
final message on the subject was from the Chief, Medical Corps Division,
USAREC, who confirmed the applicant would have constructive service credit
for 22 years of service, which authorized his entry grade of colonel, but
that this was not creditable service for pay purposes.

4.  On 21 October 2005, the Chief, Military Personnel Division, Walter Reed
Army Medical Center (WRAMC), notified the applicant through his commander,
that she would be unable to provide the applicant a statement of service
crediting him with his VA service because it was not authorized as
creditable service by the Department of Defense Financial Management
Regulation (DODFMR).  This official further indicated that his VA service
was credited as constructive service, which allowed him to be appointed in
the grade of colonel; however, only time spent in the military, which
included the Public Health Service, was creditable for pay purposes.

5.  The applicant provides four letters supporting his application from
military health professionals at WRAMC.  These officials all attest to his
impeccable credentials, his outstanding performance of duty, and his
importance to the Army. All support the Army providing him any compensation
possible to retain his services.

6.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches) prescribes policy,
procedures, and eligibility criteria for appointment in the Reserve
Components of the Army, with or without concurrent active duty, in the six
branches of the Army Medical Department (AMEDD).  Chapter 3 contains
guidance on awarding entry grade credit for Reserve appointment grade
determination.  Paragraph 3-4 (Transition Credit) states, in pertinent
part, that the law and regulations in effect on the date of the appointment
will determine the grade and date of rank upon appointment.  It further
specifies that constructive credit in excess of the minimum required for
appointment to the appropriate grade will be used to adjust the date of
rank within that grade.  Constructive service credit is not creditable
service for pay purposes.

7.  Volume 7A (Military Pay Policies and Procedures) of the DODFMR
establishes the policy on the pay and allowances for military personnel.
Paragraph 010102 provides guidance on the computation of creditable service
for the purpose of establishing a basic pay date and outlines those periods
of service that are creditable for pay purposes.

8.  Paragraph 0101 outlines service which is creditable for pay purposes.
It stipulates that service in the following 12 categories are considered
creditable service periods:  (1) Regular service in the Army, Air Force,
Navy, Coast Guard and Marine Corps; (2) Army, Naval, Marine Corps, Air
Force and Coast Guard Reserve; (3) Army of the United States; (4) Army
National Guard; (5) Army National Guard of the United States; (6) National
Guard; (7) National Guard of the United States; (8) Air Force of the United
States; (9) Air National Guard; (10) Air National Guard of the United
States; (11) Nurse Corps and Nurse Corps Reserve of the Public Health
Service; and (12) Public Health Service and Reserve Corps of the Public
Health Service.  Service in the Department of Veterans Affairs is not
included as a period of creditable service for pay purposes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive basic pay based on
completion of 20 to 22 years of service based on his service in the VA, and
the supporting documentation he submitted were carefully considered.
However, there is an insufficient evidentiary basis to support granting the
requested relief.

2.  The evidence of record confirms the applicant was awarded 22 years of
constructive service credit, which included experience credit for the time
he served with the VA, upon his appointment.  By law and regulation, this
constructive service credit is used for entry grade purposes and that any
amount of credit beyond that required for the appointment grade will be
used to adjust the date of rank of that grade.  However, constructive
service credit is not creditable for basic pay purposes.

3.  The applicant's extensive experience and ability is evident, and bonus
payment for these special skills is provided for in special medical pay
provisions for medical officers on active duty.  However, establishment of
a PEBD is based on defined periods of qualifying service, and there are no
provisions for altering this credit based on special talent or ability.

4.  The DODFMR establishes military pay policy and provides guidance on
what constitutes creditable service for pay purposes.  While time served in
the Public Health Service is creditable, service as a civilian in the VA is
not.  As a result, there is an insufficient evidentiary basis to support
granting the requested relief.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA__  ___THR    __SWF__  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.




                                  _____James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015732                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/02                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]