MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           26 August 2003                  
	DOCKET NUMBER:   AR2002080172

	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	
	M r. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster		Member	
	Ms. Marla J. Troup		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 or injustice.

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

APPLICANT REQUESTS:  That he be granted 2 years additional constructive service credit for his Master of Science in Natural Science.

APPLICANT STATES:  In effect, that he was told when he was recruited that he would receive credit for the time spent earning a separate degree. 

EVIDENCE OF RECORD:  The applicant's military records show:

On 19 May 2000 he accepted an appointment as an Army Reserve (USAR) Medical Corps captain.  He was granted 4 years of constructive service credit as of the date of his graduation.  He was ordered to active duty on 16 June 2000 and his date of rank was established as 9 June 2000.  

His orders to active duty state that he would incur an additional year of obligated service for a year of graduate medical education in obstetrics and gynecology and that he was eligible for 4 years of constructive service for grade determination purposes. 

During the processing of this case an advisory opinion was received from the Program Manager, Health Professionals Special Pay, Office of The Surgeon General who recommended that the applicant be granted an additional 2 years of constructive credit for his Master of Science in Natural Science.

The advisory opinion was forwarded to the applicant and he concurred.

Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit (except as limited by maximum credit limits) will be the sum of constructive credit plus credit for prior service.  The maximum entry grade credit for Medical Corps and Dental Corps officers is 14 years.  In accordance with Table 3-1 entry grade credit is awarded on a year for year basis for qualifying education and advanced degrees which enhance skills [emphasis added].  Full time professional experience receives entry grade credit on as basis of ½-year credit per year of experience up to a maximum of 3 years.  Unusual cases of other experience or education may additionally be credited at the ½-year per year basis after up to a maximum of 3 years.  Constructive service credit will be awarded for periods of professional training and experience accrued after receipt of basic qualifying degree in accordance with appropriate tables.  

The Program Manager, Health Professionals Special Pay, Office of The Surgeon General was queried concerning how the applicant's Master of Science in Natural Science degree enhanced his skill as a medical doctor and the advisory opinion was revised to indicate that the applicant was not eligible for further credit.

The revised advisory opinion was forwarded to the applicant for rebuttal.

The applicant responded with a letter from the University of Buffalo to the effect that the applicant had pursued a Master of Science from the Fall of 1994 until 1996 and had been awarded the degree in 1997 after he successfully defended his project.  He also related, in a telephone call with the analyst, that he had been informed when he was recruited that he would receive constructive service credit for his master's degree.

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(s), it is concluded:

1.  The governing regulation provides that constructive service credit is creditable only for advanced degrees which enhance skills.  There is no available evidence that the applicant's Master of Science in Natural Science enhances his skills a medical doctor and it certainly is not obvious to the Board as it conceivably could be in some cases.  

2.  Absent substantiating evidence that his master's degree enhances his skills, relief on that basis is not appropriate.

3.  There is no substantiating evidence that the applicant was counseled that he would receive constructive service credit for his Master of Science in Natural Science degree and that such [promised] constructive service credit was instrumental in his decision to enter the USAR.  Therefore, relief on that basis is not warranted.

4.  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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RJW _  ___RLD__  ___MJT _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002080172	
SUFFIX		
RECON		
DATE BOARDED	20030826	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.