RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02588

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive two-years of constructive  service  credit  (CSC)  for  his
Masters of Science Degree in Bioengineering.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During  his  in-processing  as  an  active  duty  physician,  it   was
determined that he could not receive service credit for the two  years
spent completing his studies for his master’s degree.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active  duty  in  the  grade  of
captain.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force, which are attached at Exhibits B and E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends denial of the requested relief.  DPAMF2  states
AFI 36-2005, Appointment in Commissioned Grades  and  Designation  and
Assignment in Professional Categories -- Reserve of the Air Force  and
United States Air Force, states in commuting service credit,  count  a
period of time or qualification only once.

To award the applicant four years of service credit they computed time
by counting backwards four years from 2 May 10, the  date  his  degree
was awarded, which is 3 May 06.

The governing instruction also states  two  years  service  credit  is
awarded for a master’s degree in “other specialties when approved on a
case-by-case basis by HQ AFPC/DPAM.”

To compute the applicant’s two years  credit  they  computed  time  by
counting backwards two years from 4 Aug 06, the date  the  degree  was
awarded, which is 5 Aug 04.

The AFI further states “In computing service credit, count a period of
time or qualifications only once.” and “The advanced degree  must  not
have been earned concurrently with the primary  credentials  (MD,  DO,
DDS, DMD).”

The applicant is not authorized to receive CSC for his master’s degree
because it would overlap the CSC that  was  already  awarded  for  his
medical degree, the time overlaps from 2 May 06 through 4 Aug 06.

The  complete  AFPC/DPAMF2  evaluation,  with   attachments,   is   at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his master’s degree was not  earned  concurrently
with his primary credentials.  He earned his master’s  degree  between
the fall 2004 and the summer 2006.   His  medical  degree  was  earned
between fall 2006 and spring 2010. It is only due to the  manner  that
the time for the medical degree is counted by the AFI that the degrees
appear to overlap by 77 days.  He completed  a  full  qualifying,  two
year master’s program  prior  to  his  beginning  medical  school  and
believes he should be given the service credit for the degree.

Furthermore, in accordance to the AFI the amount of service credit for
a master’s degree should be “one year for  each  school  year  not  to
exceed  24  months  for   a   master’s   degree.”    The   AFI   notes
“Proportionately credit, to the nearest  day,  qualifying  periods  of
less than one year.  According to this, he would qualify  for  service
credit for the period of time he spent obtaining his  master’s  degree
that does not overlap with his medical degree.  He should receive  one
full year of credit for the first  year  he  spent  in  obtaining  his
master’s degree, and 288 days for a portion of the second year.

The Applicant’s complete response is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

DPMAF2 further states in computing constructive service credit,  they
count a period of time or qualification only once, and  the  advanced
degree must not  have  been  earned  concurrently  with  the  primary
credentials.

In the applicant’s case his advanced degree was  earned  concurrently
with the primary credentials and the period of time earned  overlaps.
Constructive service credit is awarded for  his  primary  credentials
degree (medical) first then constructive service  credit  is  awarded
for his advanced degree (Masters in Science).

He may have attended medical  school  for  his  medical  degree  from
14 Aug 06 through 12 May 10, however, to give him four  years  credit
for his medical degree we must count backwards four  years  from  the
date the degree was awarded.  He  received  four  years  credit  from
3 May 06 through 2 May 10.  This process is used to prevent  awarding
overlapping constructive service credit for the same period of time.

For his advanced Masters in Science  degree,  he  may  have  attended
school starting in the fall of 2004  with  the  degree  conferred  on
4 Aug 06; however, again DPMAF2 must count backwards two  years  from
the date the degree was awarded.  The two year period of  time  would
be from 5 Aug 04 through 4 Aug 06.  The applicant mentions his degree
requirements for his masters  degree  were  completed  on  18 Jul 06.
There is no source document to validate this date and  if  DPAMF  had
used this date it would cause him to lose more credit caused  by  the
overlap of degrees.

The period of time that overlaps for his  degrees  is  from  3 May 06
through 3 Aug 06.

The complete AFPC/DPAMF2 additional evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant again states his degrees were not earned concurrently.
 The  definitions of "earn" is to receive as return for  effort  and
especially for work done or services  rendered  and;  concurrent  is
operating or occurring at the same time.  The effort and  work  that
he performed to "earn" his masters degree occurred between the  fall
of 2004 and 18 Jul 06, when the requirements  for  the  degree  were
completed.  As validation of this date he has again enclosed a  copy
of a letter from the University Registrar that  certifies  that  the
degree requirements were  completed  at  the  time  the  letter  was
addressed.  The effort and work that  he  performed  to  "earn"  his
medical degree occurred between 14 Aug 06 and 2 May 10 as documented
in his previous response.  The  periods  of  time  during  which  he
"earned" each of his degrees clearly did not  occur  "concurrently".
The degrees were earned during different periods of  time  and  were
obtained from different  institutions.   The  "earned  concurrently"
exclusion clause that the office of primary responsibility (OPR)  is
invoking was likely intended to prevent double counting of time  for
dual-degree programs.  His degrees were clearly  earned  separately,
as he has documented.

The letter from the University Registrar at the University  of  Utah
is a source document validating  this  date  of  completion  of  his
masters degree.

He asserts that the added value he brings to the Air  Force  due  to
the learning he obtained  during  the  time  he  spent  earning  his
masters degree is not affected by the fact  that  the  degrees  were
obtained consecutively with only a short period of intervening time.

He agrees that there is an overlap  in  time  between  the  degrees,
created only by the method used to count the  credits  (not  by  the
degrees being earned concurrently.)  If the board's decision  is  to
reduce the time credited for his masters degree due to this overlap,
he asserts that in determining the length of the overlap, the  board
should  be  consistent  in  using  either  the  dates   the   degree
requirements were completed for  both  degrees,  or  the  dates  the
degrees were awarded for both degrees.  If the board  uses  2 May 10
as the date to begin counting backwards four years, then  it  should
use 18 Jul 06 to determine the number of days of overlap  between  3
May 06 and 18 Jul 06 (77 days). Using this basis, he would receive 1
year, 9 months, and 13 days credit  for  the  period  of  time  that
didn't overlap.

The  Applicant’s  complete  response,  with   attachments,   is   at
Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice warranting partial relief.  The applicant is
requesting two years of constructive service credit  for  an  advanced
degree.  Although, the Air  Force  office  of  primary  responsibility
recommends denial; we believe the applicant  has  provided  persuasive
evidence reflecting that his Master’s Degree and Medical  Degree  were
not earned concurrently and the he should receive 1 year, 9 months and
15 days of  constructive  service  credit  for  his  advanced  degree.
Therefore, we recommend that the applicant’s records be  corrected  to
the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he receive one
1 year, 9 months and 15 days of constructive service credit for an
advanced degree.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2009-01890 in Executive Session on 4 May 11, under the  provisions  of
AFI 36-2603:

      , Panel Chair
      , Member
      , Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 Jan 10, w/atchs.
   Exhibit B.  Letter, AFPC/DPAMF2, dated 10 Sep 10.
   Exhibit C.  Letter, SAF/MRBR, dated 14 Jan 11.
   Exhibit D.  Letter, Applicant, dated 24 Jan 11.
   Exhibit E.  Email Communiqué, AFPC/DPAMF2, dated 9 Mar 11.
   Exhibit F.  Letter, AFBCMR, 25 Mar 11, w/atchs.
   Exhibit G.  Letter, Applicant, dated 15 Apr 11.





                                        Panel Chair