DOCKET NUMBER: AR20080019036 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, constructive service credit for the Masters Degree in Public Health and Tropical Medicine (MPHTM) he earned at Tulane University. 2. The applicant states, in effect, that he wishes to obtain one year of constructive credit for his advanced graduate degree MPHTM in accordance with paragraphs 6.1.2 and 6.1.2.2.2 of Department of Defense (DoD) Instruction 6000.13 and sections 533 and 12207 of Title 10, United States Code (10 USC). The applicant further states that he believes his credit for prior service is accurate; however, he does not believe he was awarded proper credit toward his date of rank for earning a MPHTM. He contends that in accordance with DoD Instruction 6000.13 paragraph 6.1.2.2.2, the degree is in a health profession other than medicine and in accordance with paragraph 6.1.2.2.3, the degree adds adjunct skills to his primary specialty of 62A (Emergency Medicine) and his current position as brigade surgeon through identification and treatment of public health concerns and tropical diseases. 3. The applicant also states that due to the intense nature of his residency training, he was negligent in maintaining his personnel records. He continues that he was not aware that he could receive credit toward his date of rank for additional advanced degrees until he was informed by his peers during an informal conversation. The applicant concludes that upon realizing the error, he contacted his branch manager who, in turn, referred him to the Army Board for Correction of Military Records (ABCMR) to seek relief. 4. The applicant provides copies of his MPHTM diploma, his MPHTM transcript, two DA Forms 71 (Oath of Office - Military Personnel), orders that released him from active duty, his Medical School Diploma, an unprocessed DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), and his Officer Record Brief (ORB) as documentary evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records show that he was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 27 May 2000. 3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period of 29 May 2000 through 7 August 2001, shows he was released from active duty and assigned to the USAR Control Group (Reinforcement) for the purpose of attending school after completing 1 year, 2 months, and 9 days of active duty service in military occupational specialty (MOS) 70B (Health Services Administration). 4. The applicant's record contains a diploma from Tulane University which shows the degree of "Doctor of Medicine" was conferred upon him on 21 May 2005. 5. The applicant provides an official copy of his Tulane University transcript, dated 21 May 2005, that shows he was awarded a MPHTM degree on 21 May 2005. The applicant also provides a diploma from Tulane University which shows the degree of "Master of Public Health and Tropical Medicine" was conferred upon him on 21 May 2005. 6. The applicant was commissioned in the USAR, Medical Corps, as a captain, effective 23 May 2005, with 4 years, 7 months, and 9 days constructive credit (as of the date of his projected graduation). A search of the applicant's records on the interactive Personnel Electronic Records Management System (iPERMS) did not contain a copy of a DA Form 5074-R to show the source of his credit. He was ordered to active duty and entered on active duty effective 6 June 2005. 7. United States Army Human Resources Command, Alexandria, Virginia, Order Number 249-005, dated 6 September 2005, in pertinent part, announced the applicant's active duty date of rank determination for the grade of captain was 27 October 2004. 8. The applicant's ORB, dated 27 November 2008, confirms the aforementioned dates. 9. The applicant provides an unauthenticated DA Form 5074-R. In Part I (Constructive Service Credit), Section A (Credit for Basic Qualifying Degree), he indicated he should have been awarded 4 years of constructive credit based upon his basic qualifying degree of Doctor of Medicine. He indicated the inclusive dates of attendance as 2001-2005. In Part I, Section D (Credit for Advanced Education Beyond Basic Qualifying Degree), he indicated he should have been awarded an additional year of credit for his MPHTM degree. He indicated the inclusive dates of attendance as 2001-2005. In Part II, Section B (Credit for Service as Other Than a Medical or Dental Officer), he indicated he should be awarded 7 months and 5 days credit for his prior active duty service in MOS 70B (Health Services Administration). Based upon the aforementioned constructive credit, total prior service credit, and his 23 May 2005 date of entry on active duty, the applicant calculated that his total entry grade credit should have been 5 years, 7 months, and 5 days which would have resulted in a date of rank to captain of 18 October 2003. 10. In the processing of this case, an advisory opinion, dated 26 January 2009, was provided by the Chief of the Graduate Medical Education Division of the Office of the Surgeon General (OTSG). The Chief of the Graduate Medical Education Division recommended the applicant's request be denied. 11. The Chief of the Graduate Medical Education Division, cited DoD Instruction 6000.13 as the governing directive in granting constructive service credit. She continued that in accordance with paragraph 6.1.2.2.2 of this directive, no additional credit may be given for more than one advanced degree in a single field or closely related field. Additionally, Item 4 of Table 3-1 (Constructive Service Credit) of Army Regulation 135-01 [actually 135-101] (Appointment of Reserve Commissioned Officer for Assignment to Army Medical Department Branches) provides that in order to be awarded credit for additional advanced degrees, the additional degree must not have been earned concurrently with the primary credential. The Chief of the Graduate Medical Education Division, noted that according to official records, the applicant's MPHTM degree was conferred simultaneously with his Medical degree. 12. On 14 April 2009, the applicant rendered a rebuttal to the advisory opinion. In his rebuttal, in effect, the applicant contended that public health and medicine are such different and distinct fields that each holds its own college within a university. He continued that although the two fields are different, the MPHTM adds adjunctive skills and contributes to the performance of mission as required in DoD Instruction 6000.13 paragraph 6.1.2.2.3. He also contended that the MPHTM added another dimension to the military doctor by making him effective not only in the treatment of individual Soldiers, but also maintaining the unit's health as a population. The applicant further contended that a degree earned concurrently should be viewed similarly to any other degree and that not granting credit for a concurrently awarded degree fails to meet the intent of constructive credit, recognition of skill and experience through rank and privilege. The applicant concluded, essentially, that he worked hard to earn his MPHTM degree in a relatively short period of time and he should not be penalized for completing the degree simultaneously with his Medical degree. 13. DoD Instruction 6000.13, paragraph 6 pertains to entry grade credit. It states that a prospective health profession 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 constructive service credit and prior commissioned service credit (other than as a commissioned warrant officer), 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, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise. Credit shall be awarded in accordance with this Instruction. 14. DoD Instruction 6000.13, paragraph 6.1.2.2.2., specifies that constructive credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to two years for a master's degree and up to four years for a doctorate degree. 15. DoD Instruction 6000.13, paragraph 6.1.2.2.3., specifies that the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned. Additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of a Military Department or designee. As determined by service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers. 16. Army Regulation 135-101 provides the policy and sets forth the procedures for Reserve Appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty. Chapter 3 pertains to entry grade credit for Reserve appointment grade determination. Subparagraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. The regulation also states that a period of time would be counted only once when computing entry grade credit. 17. Army Regulation 135-101 provides that officers being appointed in the Medical Corps with a basic qualifying degree, a DO, may be authorized award of up to 4 years of constructive credit. Individuals appointed in the Medical Corps with 4 years or more, but less than 14 years will be appointed in the grade of captain. Authorized 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. 18. Army Regulation 135-101 also specifies that officers being appointed in the Medical Corps may be awarded additional credit of one year for each year of school for advanced degrees. The degree must add adjunctive skills to primary specialty and must contribute directly to the performance in the anticipated duty position. Item 4 of Table 3-1 of this regulation provides that in order to be awarded credit for additional advanced degrees, the additional degree must not have been earned concurrently with the primary credential. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his record should be corrected to show constructive service credit for the MPHTM he earned at Tulane University was carefully considered and determined to lack merit. 2. The applicant's contention has been noted; however, evidence shows that he earned his MPHTM degree simultaneously while he was earning his Medical degree. As noted by the Chief of the Graduate Medical Education Division, DOD 6000.13 and Army Regulation 135-101 state that a period of time shall be counted only once in computing constructive credit. Furthermore, in accordance with established Army policy, in order to be awarded credit for additional advanced degrees, the additional degree must not have been earned concurrently with the primary credential. Therefore, the applicant cannot receive additional constructive credit for his MPHTM degree. 3. Therefore, based on the evidence provided at the time of the applicant's appointment, he was awarded and appointed with the correct amount of credit and date of rank for captain. 4. In view of the circumstances in this case, the applicant is not entitled to award of additional constructive credit and correction to his entry date of rank for captain. He has not shown error, injustice, or inequity for the relief he now requests. In view of the foregoing, there is no basis for granting the applicant's request. 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 that requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x_____ ___x____ ___x____ 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. _______ _ __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) AR20080019036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019036 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1