RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050004541


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, constructive credit for a 2-year
Master of Science degree that she earned in Biology.

2.  The applicant states, in effect, that constructive credit has not been
applied to her date of rank for the degree she earned before beginning
medical school.  She also states that she has been attempting to correct
this matter for over a year and that others in her class of residency are
now on the promotion list.

3.  The applicant provides a copy of her diploma from West Texas A&M
University for the degree of Master of Science in Biology and transcripts
signed by the registrar, dated 9 March 2005.

CONSIDERATION OF EVIDENCE:

1.  On 24 November 1998, the applicant was appointed a reserve commissioned
officer in the rank of second lieutenant.

2.  The applicant's records contain a USAREC Form 1131-R-E (Department of
the Army Service Agreement - Edward Hebert Armed Forces Health Professions
Scholarship Program (AFHPSP)), dated 24 November 1998, which shows she was
accepted for admission to, or enrolled in, an accredited institution
located in the United States or Puerto Rico in a graduate course of study
in medicine, osteopathy or other health profession, designated by The
Surgeon General (TSG) of the Army, leading to a degree in Doctor of
Medicine.

3.  Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri,
Orders A-03-291244, dated 28 March 2002, ordered the applicant to active
duty for a period of 4 years.  These orders also provide additional
instructions which show the applicant was granted 4 years constructive
credit for active duty grade determination.

4.  The applicant's records contain a copy of her transcripts from Texas
Tech University of Health Sciences, dated 23 May 2002, which show she was
awarded a degree of Bachelor of Science in Nursing on 15 May 1996, a degree
of Master of Science in Biology on 15 May 1998, and a degree of Doctor of
Medicine on
18 May 2002.



5.  On 18 May 2002, the applicant was appointed a reserve commissioned
officer in the rank of captain.  Headquarters, U.S. Total Army Personnel
Command, Alexandria, Virginia, Order No. 277-016, dated 4 October 2002,
announced the determination affecting promotion status of the officer and
issued an active duty date of rank (ADOR) of 13 June 2002 based on her date
of entry on active duty.

6.  The applicant's records show that she is currently serving in the rank
of captain as an internal medicine resident assigned to Dwight D.
Eisenhower Army Medical Center, Fort Gordon, Georgia.

7.  The applicant provides a copy of her diploma and transcripts from West
Texas A&M University for the degree of Master of Science in Biology in
support of her application.

8.  During the processing of this case, an advisory opinion was obtained
from the Chief, Graduate Medical Education Division, Office of The Surgeon
General (OTSG), Falls Church, Virginia.  On 9 September 2005, this OTSG
official recommended not granting an additional credit for the applicant's
degree of Master of Science in Biology.

9.  On 22 September 2005, the applicant was provided a copy of the OTSG
advisory opinion in order to have the opportunity to reply to its contents.
 On
17 October 2005, the applicant provided a response to the advisory opinion
asserting that her Masters degree in the field of Biology definitively
impacts her current educational process in Internal Medicine.  She also
provided a memorandum for record from the Program Director, Internal
Medicine, Dwight D. Eisenhower Army Medical Center (Fort Gordon, Georgia),
dated 17 October 2005, and a copy of her masters thesis entitled
"Investigations Towards a Vaccine for Breast Cancer", dated May 1998.

10.  On 26 October 2005, the applicant's response, along with all
enclosures, was referred to the OTSG for further consideration.  On 3
November 2005, after reviewing the entire packet, the colonel serving as
Director, Medical Education, OTSG (Falls Church, Virginia) affirmed the
original advisory opinion rendered by the Chief, Graduate Medical Education
Division, OTSG.  The OTSG official also provided documentation from
officials in the Medical Education Directorate, Dwight D. Eisenhower Army
Medical Center (Fort Gordon, Georgia) regarding the applicant's academic
status in the Internal Medicine Residency Program.




11.  On 8 November 2005, the applicant was provided a copy of the second
OTSG advisory opinion in order to have the opportunity to reply to its
contents.  On 22 November 2005, the applicant provided a response to the
advisory opinion asserting that it is inappropriate to link the award of
additional constructive credit to her academic status in the Internal
Medicine Residency Program.

12.  Department of Defense Directive (DoD) Number 6000.12 (Health Services
Operations and Readiness) and DoD Instruction Number 6000.13 (Medical
Manpower and Personnel) prescribe policy and procedures in granting entry
grade credit to any person appointed, assigned, or designated as a "health
professions officer" in the Military Departments.  The DoD Instruction
provides, in pertinent part, that the additional degree in a health
profession other than medicine and dentistry must add adjunctive skills to
the primary specialty and must contribute directly to performance in the
anticipated position in the Military Service concerned.

13.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment Medical Department Branches) prescribes policy, procedures,
and eligibility criteria for appointment in the Reserve Components of the
Army, in the six branches of the Army Medical Department (AMEDD).  The
minimum service credit for appointment to captain in the Medical Corps (MC)
is 4 years.  Paragraph 3-3 contains guidance on determining the entry grade
for officers ordered to active duty.  It states, in pertinent part, that
authorized credit beyond the minimum necessary for appointment to the
appropriate grade will be used to adjust the DOR within that grade.

DISCUSSION AND CONCLUSIONS:

1.  In accordance with the Army regulation, appointment as a captain in the
MC requires a minimum of 4 years of credit.  The evidence of record
confirms that the Army granted the applicant a total of 4 years of
constructive credit based on her appointment in the rank of captain, with
an ADOR of 13 June 2002, upon entry on active duty.

2.  The evidence of record shows that OTSG officials initially opined, in
effect, that as a trainee in the specialty of internal medicine, the
applicant's advanced degree in biology does not tangibly add any value to
her primary specialty of internal medicine, contribute directly to
performance of skills as an internal medicine resident, nor reduce the
expected length of training to meet specialty board requirements.

3.  In response, the applicant asserted, in effect, that her Masters degree
directly applies to her current educational process.  In support of her
assertion, she provided a letter of support from the Program Director,
Internal Medicine, Dwight D. Eisenhower Army Medical Center (Fort Gordon,
GA).  In addition, the applicant briefly discussed and provided a copy of
her master's thesis entitled "Investigations Towards a Vaccine for Breast
Cancer".  The applicant also acknowledged that her Masters degree was
granted in the field of Biology because West Texas A&M University did not
offer a degree in either Immunology or Molecular Biology.

4.  The evidence of record shows that the OTSG reviewed the additional
information provided by the applicant and, in effect, reaffirmed its
initial opinion that as a trainee in the specialty of internal medicine,
the applicant's advanced degree in biology does not tangibly add any value
to her primary specialty of internal medicine, contribute directly to
performance of skills as an internal medicine resident, nor reduce the
expected length of training to meet specialty board requirements.  The OTSG
official also provided documentary evidence that shows that the applicant
was placed on academic probation while in the Internal Medicine Residency
Program and will be graduating from her training program at least 6 months
later than her peers.

5.  In response to the second OTSG advisory opinion, the applicant
asserted, in effect, that while the skill she has acquired in obtaining her
Masters degree in Biology is not an essential part of her being a
physician, it does add to her being a physician in the future.  She further
asserts that the timing (i.e., length) of her residency is irrelevant and
that it was the result of a very traumatic personal crisis in her family,
had nothing to do with her skills as a physician or academic abilities, and
is not the proper basis to refuse to award her constructive credit.
However, the applicant provides no documentary evidence to refute the
evidence of record concerning her academic status in the Internal Medicine
Residency Program.

6.  Notwithstanding the applicant's masters thesis, the applicant provides
insufficient documentary evidence to overcome the evidence of record that
the additional advanced degree adds adjunctive skills to the primary
specialty and contributes directly to her performance in the anticipated
position in the Military Service concerned.  Therefore, the applicant
should not be granted additional constructive credit for her degree of
Master of Science in Biology.  Consequently, the applicant's ADOR for
captain should not be adjusted since constructive credit beyond the minimum
necessary for appointment to the appropriate grade is not authorized.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __RGS  _  ___ML___  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.




                                  ____ JOHN T. MEIXELL ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004541                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0800.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]