RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 April 2005
      DOCKET NUMBER:   AR20040003402


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      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 her records be corrected to show she was
granted 3 years, 7 months, and 1 day of constructive service credit and to
show she was appointed a first lieutenant.

2.  The applicant states that she was not granted constructive service
credit for her Master's degree or for 6 months of clinical experience
(during which time she was licensed).  She was called to active duty in
February 2004 in support of Operation Iraqi Freedom.  Due to the error in
her entry grade, she is suffering both professionally and financially.

3.  The applicant provides transcripts showing her undergraduate and
graduate degrees; her oath of office; her letter of appointment; an extract
from Department of Defense Instruction (DODI) 6000.13; an extract from Army
Regulation          135-101; Florida Department of Health, Health Licensee
Information; a Certification Status Report; and an ARPC Form 4111
(Computation Sheet for Establishing Adjusted DOR and PPED of AMEDD RC
Officer.

CONSIDERATION OF EVIDENCE:

1.  The applicant attended Nova Southeastern University during the 1995
Winter, 1995 Fall, and 1996 Winter semesters and earned her Bachelor of
Science degree.

2.  The applicant attended Nova Southeastern University during the 1995
Winter, 1995 Fall, and 1996 Winter semesters and earned her Master of
Public Health degree.

3.  On 2 January 1997, the State of Florida issued the applicant a
Physician Assistant license.

4.  On 6 December 1996, the applicant was certified by the National
Commission on Certification on Physician Assistants.

5.  The applicant was appointed a second lieutenant in the U. S. Army
Reserve, in specialty 65D (Physician Assistant), on 6 January 2000.  She
had been granted 1 year, 5 months, and 28 days of constructive service
credit for work experience.

6.  In the processing of this case, an advisory opinion was obtained from
the     U. S. Army Recruiting Command (USAREC).  USAREC opined that the
applicant had been appropriately awarded constructive credit of 1 year, 5
months, and      28 days for work experience.  USAREC noted that she had
earned her Bachelor of Science and Master's degree concurrently in May
1996.  The Bachelor of Science degree was the basic qualifying degree which
made her eligible to enter the Army as a Physician Assistant.  DODI
6000.13, paragraph 6.1.2.2.2 states that "No additional credit may be given
for more than one advanced degree in a single field, or closely related
field."  Additionally, per Army Regulation 135-101, Table 3-1, paragraph 4,
to receive credit for an advanced degree, the "additional degree must not
have been earned concurrently with primary credential."

7.  USAREC also noted that the applicant was initially certified by the
National Commission on Certification of Physician Assistants on 6 December
1996.  The constructive credit she requested for work experience from June
1996 until the date of her initial certificate was ineligible for credit.
DODI 6000.13, paragraph 6.1.2.2.5 states, "Creditable experience cannot
predate the receipt of licensure, registration, or certification."  USAREC
opined that temporary licensure does not qualify for constructive credit.

8.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  She rebutted that Army Regulation 135-101 has been
superseded by DODI 6000.13 effective 30 June 1997 and, therefore, does not
pertain to her case.  She rebutted that a Bachelor's degree is not
considered an advanced degree and, under current policy, all appointments
must have a minimum of a baccalaureate level with any subsequent board
certification or licensing degrees. Under DODI 6000.13, paragraph
6.1.2.2.2, there are no stated restrictions on receiving concurrent
degrees.  Under paragraph 6.1.2.2.3, she is also eligible to receive credit
for her Master's because it allows for granting of credit in cases "Where
additional degree adds significant adjunctive skills beneficial to the
service department concerned."  In her case she received advanced training
beyond basic physician assistant training in the areas of Maternal and
Child Health, Occupational Health, Advanced Medical Epidemiology and
Statistics, and Advanced Research Study Design and Implementation.  These
are clearly skills that the Army needs and has utilized in her case.

9.  The applicant also rebutted that DODI 6000.13, paragraph 6.2.2.2.5
states, "Creditable experience cannot predate the receipt of licensure,
registration or certification."  Nowhere within DODI 6000.13 is there a
specified definition or restriction that temporary licenses are
unacceptable.  In fact, an applicant cannot be assessed into the Army
without a license in one of the 50 States or certain     U. S. territories.
 She was granted a temporary license from the State of Florida on 1 July
1996.  The license granted to her was for the full scope of medical
practice within her specialty as a Physician Assistant, thus she was
practicing fulltime and gaining clinical experience from which the Army has
benefited.

10.  On 18 March 2005, the proponent of DODI 6000.13 informed the Board
analyst that they required Physician Assistants to pass the national
registry examination; therefore, work on a temporary State license would
not be eligible to be counted towards granting constructive credit based on
experience.

11.  A record of the conversation with the proponent of DODI 6000.13 was
provided to the applicant.  She did not respond within the given time
frame.

12.  Department of the Army Pamphlet 611-21 (Military Occupational
Classification and Structure) states, in pertinent part, that to be
appointed a Physician Assistant an individual must possess a baccalaureate
degree from a college or university acceptable to the Army, be a graduate
of a Physician Assistant producing program acceptable to The Army Surgeon
General, and be certified by the National Commission on Certification of
Physician Assistants.

13.  DODI 6000.13 (Medical Manpower and Personnel) implements policy,
assigns responsibilities, and prescribes procedures to carry out medical
manpower and personnel programs.  Paragraph 6.1 states that the entry grade
credit to be awarded shall equal the sum of constructive service credit and
prior commissioned service (as outlined in the DODI) credit except in cases
where the total exceeds the maximum credit allowed.  Paragraph 6.1.2.2.2
states that 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 up to two years for a master's degree and up
to four years for a doctorate.  Credit may not include time spent in
attainment of baccalaureate or other lower degrees (emphasis added).

14.  DODI 6000.13, paragraph 6.2.2.2.5 states that credit of one-half year
for each year of experience, up to a maximum of three years of constructive
credit, may be granted for experience in a health profession, if such
experience is directly used by the Military Service concerned.  Creditable
experience cannot predate the receipt of licensure, registration or
certification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered by the Board; however,
it appears that she is not eligible for the additional constructive service
credit requested.

2.  DODI 6000.13, paragraph 6.1.2.2.2 does state that credit for master's
and doctorate degrees in a health profession other than medicine and
dentistry shall be awarded based on actual full-time equivalent education
up to two years for a master's degree.  However, it also states that credit
may not include time spent in attainment of baccalaureate or other lower
degrees.  The applicant earned her Master's and her baccalaureate degrees
at the same time.

3.  DODI 6000.13, paragraph 6.2.2.2.5 states that credit of one-half year
for each year of experience may be granted for experience in a health
profession if such experience is directly used by the Military Service
concerned.  Creditable experience cannot predate the receipt of licensure,
registration or certification.  The proponent of DODI 6000.13 has confirmed
that Physician Assistants are required to pass the national registry
examination; therefore, work on a temporary State license would not be
eligible to be counted towards granting constructive credit based on
experience.  Presumably the reasoning behind the requirement is that a
State license allowing the applicant to work in the State of Florida might
not grant sufficient scope to enable her to work in any one of the other 49
states whereas, once she was certified by the National Commission on
Certification of Physician Assistants on 6 December 1996 she could have
worked wherever the Army needed her.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __kah___  __lf____  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.




            __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003401                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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