MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 July 2001
         DOCKET NUMBER: AR2001058619

         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Mr. Lester Echols		Member
Ms. Gail J. Wire		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)

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APPLICANT REQUESTS: That he be granted additional constructive credit for his Doctor of Veterinary Medicine (DVM) degree.

APPLICANT STATES: That he completed a transitional internship and is now enrolled in an ophthalmology residency at Walter Reed Army Medical Center (WRAMC). His veterinary education substantially contributes to his clinical and academic practice of medicine in the Army. To date he has participated in three research studies requiring the use of animals. His duties have included review of animal anesthesia drug choice, anesthetic procedures and recovery protocols. His prior veterinary training enabled him to intervene both before and during surgical events to alter anesthesia techniques and procedures. Those interventions maximized expensive animal resources, conserved valuable operating staff and room time, and prevented animal suffering. His veterinary education also provides a unique perspective on zoonotic disease, illnesses transmitted from animals to humans. These diseases pose a direct threat to military members and their families. His animal medicine background gives him important knowledge on vaccination and treatment strategies to decrease the risk our military and dependent populations face. In addition, his adjunctive skills as a veterinarian continue to contribute to his Medical Corps mission through his experience in food safety and preventative medicine. He provides as supporting evidence his DVM diploma; his 1991 active duty orders; the message approving his 1994 unqualified resignation; the Record of Award of Entry Grade Credit (Medical and Dental Officers) which shows he was awarded no constructive service credit for his DVM degree; his 1998 orders assigning him to WRAMC; and amendment orders showing he was awarded 5 years, 6 months and 24 days of constructive credit for active duty grade determination. He cites an earlier Board case (docket number AC94-12834) as evidence.

EVIDENCE OF RECORD: The applicant's military records are not available. The information contained herein was obtained from alternate sources.

The applicant was awarded a DVM degree on 4 May 1991. He entered active duty as a Captain in the Veterinary Corps in June 1991 and was released from active duty in August 1994. He then matriculated at the Uniformed Services University of Health Sciences (USUHS) and graduated in May 1998. He entered active duty as a Captain in the Medical Corps. He was awarded a total of 5 years, 6 months, and 24 days of constructive service credit (4 years for his qualifying medical degree and 1 year, 6 months and 24 days for his prior active duty). He is apparently now enrolled in an ophthalmology residency at WRAMC with duties as noted above.

Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches. In pertinent part, it provides that a physician may be awarded constructive service credit for an additional advanced degree (other than medical or osteopathic) if that degree contributes adjunctive skills to the primary specialty, if it was not earned at the same time as the basic qualifying degree, and if it contributes directly to performance in an anticipated duty position. Table 3-1 provides that credit for additional advanced degrees is awarded based on full-time equivalent education up to 36 months for a doctorate. Table 3-4 exempts advanced degrees earned in Optometry and Veterinary medical specialties from being used to award additional credit unless approved by the Secretary of the Army or designee on a case-by-case basis.

The applicant cited a precedent case wherein the Board awarded a prior service veterinarian, who returned to active duty as a medical doctor, constructive credit for his veterinarian degree. As supporting documentation, that applicant had noted that his (then) current position was the Chief of Combat Anesthesia Service, Walter Reed Army Institute of Research. He was responsible for designing animal experiments to develop ultra-long duration local anesthetics and analgesics. He had to design animal models for pain research and conduct the necessary animal protocols. Those protocols accounted for nearly 100 percent of his research effort. He trained residents in anesthesiology in the design, implementation and conduct of animal research. He created a veterinary pathology graduate training program to be operated with the Department of Pathology at Georgetown Medical School and the Combat Anesthesia Research Service. His letters of support included such statements as: “…will significantly benefit the quality … of the Anesthesiology Branch of the Walter Reed Army Medical Center by providing a top-notch research program in which to expose and involve anesthesiology residents….added a research capability within the Combat Casualty Care, research area of the medical Research and Development Command which was lacking prior to his entrance…;” “…may facilitate the future addition of a fellowship subspecialty training program in pain….past experience in veterinary medicine has allowed him to develop multiple animal models which have lead to advances in ultra-long duration local anesthesia. He has developed…will be the patent holder. This product has advanced from animal studies to an investigational new drug application which will…;” and “Both projects are aimed at far forward field anesthesia and hold great promise for significant improvements in casualty care. Both projects require the use of sophisticated animal model systems.” The Graduate Medical Education Branch, Office of the Surgeon General had disapproved an earlier request from that applicant for constructive service credit for his prior Veterinary Corps experience. On second request and based upon his new assignment and the supporting documentation, the Chief of Graduate Medical Education recommended that that applicant be given constructive credit. The Board granted constructive service credit based upon the Office of the Surgeon General’s recommendation and the facts in the case.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. 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 on unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board evaluates each case on its own merits. While past actions (i. e., the granting or denying or relief), may be considered, the Board does not acknowledge “precedent” cases as such. The Board recognizes that the applicant’s prior experience as a veterinarian has been an aid in some of his current duties as an ophthalmology resident and may prove just as helpful in future assignments. However, the Board does not feel that the degree to which his veterinarian experience aids his current duties are as great as his cited “precedent” case’s experience was to his duties as Chief of Combat Anesthesia Service.

3. 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

__mdm___ __le____ __gjw___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001058619
SUFFIX
RECON
DATE BOARDED	20010719
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	102.08
2.
3.
4.
5.
6.