RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 April 2004
      DOCKET NUMBER:   AR2003091270


      I certify that hereinafter is recorded the true and complete record
of the proceedings 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:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Ms. Jennifer L. Prater            |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be granted constructive service credit
for his two Masters degrees.

2.  The applicant states that he was not given constructive service credit
when he was commissioned in the Medical Corps (MC), and the governing
regulation states that his degrees “may qualify for constructive credit.”

3.  The applicant provides:  his appointment as an Reserve Commissioned
Officer; his Air Force and Army DD Forms 214; the orders recalling him to
active duty; excerpts from his military records; and documents showing that
he was granted two Master degrees, one in Electrical Engineering in 1989,
and one in Education in 1981.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned and entered active duty in the Air Force
on 11 December 1978.  He was awarded the Areas of Concentration of
Electronic Engineer, Instructor, and Band Officer, and was promoted to
major.  He was honorably discharged on 1 October 1991 due to his voluntary
resignation.

2.  He was commissioned as a major, MC, on orders dated 1 April 1996.  At
that time, he was given 10 years, 4 months and 26 days of constructive
service credit.

3.  On 12 August 1996, he entered on active duty as an Army reserve
officer.  He served until his discharge on 31 July 2000 and placement on
the Retired List the following day.

4.  On 8 November 2002, the applicant reentered active duty as a volunteer
recall from the Retired List.  On the date he submitted his request, he was
serving on active duty as a major.

5.  In the processing of this case, an advisory opinion was obtained from
the Chief, Medical Corps Division, United States Army Recruiting Command
(USAREC).  The USAREC stated that the applicant is not authorized
constructive service credit for his two Masters degrees because he earned
those degrees while he was on active duty with the Air Force, and he was
given constructive service credit for the time he served in the Regular Air
Force.  Army regulations preclude counting periods of time more than once.
In addition neither degree




adds adjunctive skills that contribute directly to his primary specialty, a
requirement for credit for Masters degrees.  The USAREC recommends, in
effect, that the applicant’s request be denied.  The applicant was provided
a copy of this advisory opinion and given an opportunity to submit a
rebuttal.  He did not respond.

6.  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
will (except as limited by maximum credit limits) be the sum of
constructive credit plus credit for prior service.  Constructive credit for
professional experience and advanced (not basic qualifying) degrees is
awarded on a basis of 1/2 year credit per year of experience with a total
of 6 years credit possible in unusual cases.  The maximum entry grade
credit for Medical Corps and Dental Corps Officers is normally 14 years.  A
basic principle provides that no period of time may be counted more that
once.  Entry grade credit is used only to determine entry rank and date of
rank, which controls time in grade and promotion eligibility.  Table 3-1 of
this regulation, paragraph 4, states that “Credit [may be granted] for
additional advanced degrees.  Degree must add adjunctive skills to primary
specialty and must contribute directly to performance in anticipated duty
position.  Credit is awarded based on full-time equivalent education up to
24 months for a master’s degree or up to 36 months for a doctorate.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant has already been given constructive service credit for
the time he spent earning his two Masters degrees.  That constructive
service credit was for his Regular Air Force service.  As such, he is not
entitled to any additional constructive service credit.

2.  The applicant has not submitted any argument or documentation which
would show that the denial of additional constructive service credit was
improper or unjust.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tdh____  ___lf____  ___jlp____  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.





            _________Thomas D. Howard, Jr.________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091270                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040420                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |