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ARMY | BCMR | CY2003 | 2003091684C070212
Original file (2003091684C070212.doc) Auto-classification: Denied





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 April 2004
      DOCKET NUMBER:   AR2003091684


      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 2 years of constructive
service credit for his Masters degree.

2.  The applicant states that he was not given constructive service credit
when he was commissioned, and the governing regulation states that 2 years
of constructive service credit will be granted Army Medical Department
(AMEDD) officers with Masters degrees at the time of commissioning.

3.  The applicant provides:  his oath of office; documents showing that he
was granted a degree of Master of Public Health on 25 May 2002; and, other
excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant, Medical Service
Corps (MSC), on 28 May 2002.

2.  He was ordered to active duty on 4 June 2002 to fulfill a 4-year active
duty service obligation.  He was not awarded any constructive service
credit.

3.  On the date the applicant submitted his request, he was serving on
active duty as a second lieutenant.

4.  In the processing of this case, an advisory opinion was obtained from
the Office of The Surgeon General (OTSG).  The OTSG stated that the
applicant is not authorized constructive service credit for his Masters
degree because it is not his qualifying degree for commissioning, and it
does not add adjunctive skills that contribute directly to his primary
specialty.  The OTSG 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.

5.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches) prescribes policy,
procedures and eligibility criteria for appointment in the Reserve
Components of the Army in the six branches of the AMEDD.  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 OTSG determined that the applicant’s Masters degree did not warrant
constructive service credit because the degree was not his qualifying
degree for commissioning, and it did not add adjunctive skills that
contribute directly to his primary specialty.

2.  The applicant has not submitted any argument or documentation which
would refute the OTSG’s assessment.

3.  Since constructive service credit is based on the advanced degree
adding adjunctive skills that contribute directly to his primary specialty,
there is no basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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                 |AR2003091684                            |
|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.                      |                                        |


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