MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 25 January 2001
DOCKET NUMBER: AR2000042225
I certify that hereinafter is recorded the record of consideration of the Army Board
for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst
The following members, a quorum, were present:
Ms. June Hajjar Chairperson
Ms. Karen A. Heinz Member
Mr. Lester Echols Member
The Board, established pursuant to authority contained in 10 U.S.C. 1552,
convened at the call of the Chairperson on the above date. In accordance with Army
Regulation 15-185, the application and the available military records pertinent to the
corrective action requested were reviewed to determine whether to authorize a formal
hearing, recommend that the records be corrected without a formal hearing, or to deny
the application without a formal hearing if it is determined that insufficient relevant
evidence has been presented to demonstrate the existence of probable material error
The applicant requests correction of military records as stated in the application
to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
ABCMR Memorandum of
APPLICANT REQUESTS: That his Pay Entry Basic Date (PEBD) be corrected to
credit him for the time he spent in medical school.
APPLICANT STATES: That he was informed by his Health Professions Scholarship
Program (HPSP) recruiter that if he accepted the scholarship, he would be
commissioned as a captain with over 4 years of service for pay purposes upon
completion of his medical school. It was explained to him that the time he spent in
medical school would be counted as service credit. He based his decision to accept
the scholarship on both the rank and the service credit he would receive for going to
medical school. He contends that subsequent to his accepting the HPSP recruiters’
assertion, he was informed that he would not be credited with active duty service during
his attendance at medical school. The applicant adds that he is aware of 14 Air Force
Academy graduates and 14 United States Military Academy (USMA) graduates who
have been given service credit for the time they spent in medical school. He believes
he should be given the same benefit.
In support of his request, he submits a memorandum from the Assistant Professor of
Military Science (APMS) from the university he attended. The former APMS states that
he was present when the HPSP recruiter talked to the applicant and distinctly
remembers the recruiter telling the applicant that he would be credited with 4 years of
service upon his graduation from medical school.
EVIDENCE OF RECORD: The applicant's military records show that he was
commissioned as a second lieutenant, USAR, on 25 May 1983, based on his being a
Distinguished Military Graduate from Reserve Officers Training Corps. He entered
medical school at George Washington University as part of the HPSP on 15 August
1983 and graduated from medical school on 29 May 1987. He is currently a lieutenant
colonel on active duty with a PEBD of 11 March 1987.
The Department of the Army Armed Forces HPSP Agreement signed by the applicant
on 4 April 1983 states in paragraph 16 that service performed in this program will not be
counted in computing years of service creditable for pay.
US Army Reserve Personnel Center Letter appointing the applicant as a captain,
Medical Corps, dated 27 February 1987, provides in paragraph 4 that if credited with
“years of service in an active status” the number of years, months and days is shown
above. This service is not valid for pay entry basic date for medical and dental corps
In the processing of this case an advisory opinion was obtained from the office of The
Surgeon General (OTSG). In that opinion the OTSG stated that prior cases involving
both HPSP recipients and officers who attended the Uniformed Services University of
Health Sciences (USUHS), the Board granted relief by correcting the officers’ records to
show that they were given service credit for the time they attended medical school.
ABCMR Memorandum of
The OTSG cites Section 502 of the Defense Officer Personnel Management
Authorization Act (DOPMA) which repealed Title 37, §205(a)(7) and (8), the provisions
of law which authorized four years credit to medical and dental corps officers for basic
and retired pay computation. The OTSG recommends approval of the applicant’s
request based on those precedent cases.
In a similar case, this Board granted an applicant’s request for constructive service
credit for basic pay purposes while attending the Uniformed Services University of
Health Services (USUHS) at Bethesda, Maryland, from 15 August 1983 to 16 May 1987
because of misinformation he received concerning service credit. The Air Force Board
for Correction of Military Records had previously granted relief to some 14 former US
Air Force Academy cadets who were similarly situated.
Section 502 of the Defense Officer Personnel Management Authorization Act (DOPMA)
effective 15 September 1981 repealed Title 37, §205(a)(7) and (8), the provisions of
law, which authorized four years credit to medical and dental corps officers for basic
and retired pay computation. Prior to the passage of DOPMA medical and dental corps
officers were given four years service credit towards the computation of their pay (the
officers would enter active duty with no prior service with their pay computed as if they
had served over 4 years of service). Subsequent to the passage of DOPMA medical
and dental corps officers were only given constructive service credit for medical or
dental school (these officers are normally commissioned in the rank of captain based on
the constructive service credit for their professional schools).
DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, and
advisory opinion, it is concluded.
1. The evidence of record in this case shows that the applicant’s appointment orders
and the HPSP Agreement informed him that service performed while he was in the
program would not be counted for PEBD purposes.
2. Notwithstanding his contention that he accepted the HPSP scholarship and after
enrolling in the program was informed that the rules had been changed regarded active
duty service credit for medical school, and despite his reliance on the assertions of the
HPSP recruiter that such credit would be extended to him, the documents he signed
specify that such service would not be counted toward his BPED. It is indeed
unfortunate that he was misinformed about the service credit aspect of the HPSP
3. In view of the foregoing, there is no basis for granting the applicant's request.
ABCMR Memorandum of
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___jh __ ___kah___ ____le__ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
ABCMR Memorandum of
CASE ID AR
DATE BOARDED 20010125
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
BOARD DECISION DENY