RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050011541


      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          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 he be granted additional constructive
service credit for his Doctor of Philosophy degree in Molecular and
Cellular Pharmacology.

2.  The applicant states he was not aware credit could be given for his
Doctor of Philosophy degree.

3.  The applicant provides his school transcripts and his diploma.

CONSIDERATION OF EVIDENCE:

1.  The applicant began work on his doctorate in the spring semester of
1995 at the University of Miami.  His transcripts show he spent the spring
and summer semesters of 2000 on his doctoral dissertation.

2.  The applicant began medical school sometime in 2000.

3.  The applicant's was awarded his Doctor of Philosophy degree by the
University of Miami in pharmacology on 10 May 2002.

4.  The applicant was awarded his medical degree sometime in 2004.  He
entered active duty as a Medical Corps captain on 7 June 2004.  His active
duty orders show he was awarded six years of constructive service credit.

5.  In the processing of this case, an advisory opinion was obtained from
the Graduate Medical Education Division, Office of The Surgeon General.
That office opined the applicant was awarded six years of constructive
service credit – four years for medical school and two years for his
Doctorate of Philosophy in Molecular and Cellular Pharmacology.  That
office opined that, since he was already awarded credit for his degree, no
further action would be taken by that office.

6.  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 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.  A period of time shall be
counted only once when computing entry grade credit.

7.  DODI 6000.13, paragraph 6.1.2.1 states four years of constructive
service credit shall be granted for completion of first professional
degrees including medical degrees.  Paragraph 6.1.2.2.2 states 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.

8.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory guidance provides for the award of up to four years of
constructive service credit for doctorate degrees in a health profession
other than medicine and dentistry.  It also states a period of time shall
be counted only once when computing entry grade credit.

2.  The applicant began medical school in 2000 and earned his medical
degree in 2004.  He was awarded four years of constructive service credit
for completion of his medical degree.

3.  The applicant began work on his doctorate in 1995 and spent the spring
and summer semesters of 2000 on his doctoral dissertation.  However, the
available evidence shows he was not awarded his Doctor of Philosophy degree
until May 2002, two years after he began medical school.

4.  Regulatory guidance states a period of time shall be counted only once
when computing entry grade credit.  While it appears the applicant may have
completed the educational requirements for award of his Doctor of
Philosophy degree in 2000, he may not have completed all the requirements
called for by the University of Miami until May 2002, when he was awarded
his degree.  That was an overlap of two years with his medical school.

5.  The applicant provided no evidence to show why his degree was not
awarded until May 2002 rather than in 2000.  Without such evidence, it must
be presumed he did not meet all the requirements for award of the degree
until May 2002.  Therefore, there is insufficient evidence to show he met
the criteria for award of
the full four years of constructive service credit for his Doctor of
Philosophy degree.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __alr___  __lds___  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                 |AR20050011541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|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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