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NAVY | BCNR | CY2005 | 03430-05
Original file (03430-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 HD: hd
 Docket No. 03430-05
 23 September 2005
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 9 Apr 05 w/attachrnents
 (2)      BUMED ltr dtd 16 Jun 05 w/enclosures
 (3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show entry grade credit (EGC) for time spent earning advanced degrees.
2.       The Board, consisting of Messrs. Grover, Koman and Zsalman, reviewed Petitioner’s allegations of error and injustice on 9 September 2005, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:
a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       In correspondence attached as enclosure (2), the Chief, Bureau of Medicine and Surgery office with cognizance over the subject matter of this case has commented to the effect that Petitioner was not entitled to EGC for the advanced degrees he earned; but that his lieutenant date of rank should be changed from 22 May 2004 to 22 April 2002, as he warranted half credit
 for his commissioned service in a leave without pay status while pursuing these degrees.


CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an error and injustice warranting the following corrective action.
RECONNENDAT ION

a.       That Petitioner’s naval record be corrected, where appropriate, to show that when he was commissioned as a lieutenant in the Medical Corps, U. S. Naval Reserve, the date of rank assigned was 22 April 2002, vice 22 May 2004; and that his lineal precedence be adjusted accordingly.
b.       That any material or entries inconsistent with the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
c.       That a copy of this Report of Proceedings be filed at an appropriate location in Petitioner’s naval record, and that another copy of this report be returned to this Board, together with any material directed to be removed from Petitioner’s record, for retention in a confidential file maintained for such purpose.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN        JONATHAN S. RUSKIN
 Recorder         Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


W.       DEAN PFEIFFER
Executive Director


                                             DEPARTMENT OF THE NAVY
BUREAU OF MEDICINE AND SURGERY
                                             2300 E STREET NW
          WASHINGTON DC 20372-5300        

         IN REPLY REFER TO

                                             Ser M1/05UM1—7917
                                             16 Jun 05
From:    Chief, Bureau of Medicine and Surgery
To:      Board for Correction of Naval Records
Subj:    ADVISORY OPINION ICO

Ref:     (a) SECNAVINST 1120.8C
End:     (1) BCNR Application
(2)      Copy of Ensign Oath of Office of 23 Apr 96
(3)      Copy of Original MC Entry Grade Credit Worksheet
(4)      Corrected Copy of MC Entry Grade Credit Worksheet
1 Enclosure (1) is forwarded recommending Lieutenant
Lieutenant Date of Rank (DOR) be 22 April 2002 rather tha n
22 M ay 2004.

         2.       Lieutenant requesting to receive entry grade
 credit for his Master or Ph.D. training in Molecular Biophysics and Biochemistry. Per enclosures (2) and (3), Lieutenant w as commissioned on 23 April 1996 and commenced his medical degree training program in the Navy Armed Forces Health Professions Scholarship Program (AFHPSP) in August of 1996. While a commissioned officer, he took Leave Without Pay (LWOP) to pursue his Masters and Ph.D. degrees. Since he was already a commissioned officer when he entered the Masters and Ph.D. programs, he is not eligible to receive any entry grade credit for the degrees earned.
3.       However, per reference (a), credit for his service during those periods can be awarded under paragraph 1 or 2 of the Entry Grade Credit Table. Since Entry Grade Credit for Medical Corps officers is awarded based on service and events prior to their “appointment in the Medical Corps”, Lieutenant should have received credit for his commissioned time while in a LWOP status. Enclosure (4) shows Lieutenant, should have received 6 years and 1 month of credit, making correct Lieutenant Date of Rank 22 April 2002.


                  4. Your point of contact is Comma who may be

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