RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060005666 


	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

Ms. Anita McKim-Spilker

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

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, additional constructive credit for the Master of Science (M.S.) Degree in Physiology and Biophysics he earned prior to starting medical school at the Uniformed Service University of the Health Sciences (USUHS) in 1998. 

2.  The applicant states, in effect, that his branch manager advised him that he may qualify for an adjustment of his basic year group for promotion if he is given constructive credit for his M.S. Degree in Physiology and Biophysics.  

3.  The applicant provides a copy of his appointment as a Reserve commissioned officer on 17 June 1998; a copy of his Oath of Office (DA Form 71); a copy of his Officer Records Brief (DA Form 4037); an unsealed copy of his transcript from Georgetown University issued directly to him; and a letter of support. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the Medical Service Corps of the U.S. Army Reserve (USAR) on 24 June 1998.  He was ordered to active duty at the USUHS in Bethesda, Maryland on 10 August 1998.

3.  The applicant was awarded a M.S. Degree in Physiology and Biophysics from Georgetown University on 31 August 1998.

4.  The applicant was awarded a Doctor of Medicine Degree in General Medicine in 2002 from the USUHS.

5.  The applicant was appointed a Medical Corps captain on 18 May 2002.  His appointment memorandum is not available.

6.  Orders 080-33, Department of the Army (DA), Headquarters, Walter Reed Army Medical Center, Washington, D.C., dated 21 March 2002 ordered the applicant to active duty with a report date of 9 June 2002 and assigned him to Brooke Army Medical Center, Fort Sam Houston, Texas.  These orders show he was awarded 4 years of constructive credit for active duty grade determination.

7.  Department of the Army, U.S. Total Army Personnel Command, Alexandria, Virginia Order Number 218-002, dated 6 August 2002, shows the applicant's active duty date or rank to captain as 18 May 2002.

8.  The applicant submitted a letter of support from the Program Director, San Antonio Uniformed Services Health Education Consortium, dated 2 May 2006.  He supports the applicant's request for adjustment of year group for promotion indicating that the applicant's MS degree applies directly to his work as a dermatologist in the Army.  His coursework included classes in biochemistry, anatomy, embryology, physiology and endocrinology.  These topics are also part of the core teachings during a dermatology residency and are integrated into the practice of dermatology on a daily basis.

9.  In the processing of this case, a staff advisory opinion was obtained from the Program Manager, Medical Corps, Health Services Directorate, HQ, U.S. Army Recruiting Command (USAREC), Fort Knox, Kentucky, dated 11 July 2006.  It recommended denial of the applicant's request because his M.S. degree did not add adjunctive skills to his primary specialty and did not contribute directly to performance in anticipated duty position.  In addition, it recommended denial because the applicant's M.S. degree was attained prior to completion of medical school.

10.  On 18 September 2006, the applicant provided a rebuttal to the above advisory opinion.  He argued that his M.S. in Physiology and Biophysics has added greatly to his capabilities as a medical student, intern, resident and staff dermatologist.  The degree provided advanced knowledge of pathophysiology, biochemistry and pharmacology that have been, and are still, instrumental in his daily duties as a physician.  He contends that he would not have been nearly as successfully in medical school and as a dermatologist if not for his M.S. Degree.  He further contends that Table 3-1 number 6 of Army Regulation 135-101 does not apply to him since his M.S. degree was earned before his entrance into medical school.  He also submits as evidence the case of one of his colleagues who graduated with him from medical school, who was awarded additional credit by the ABCMR for his M.S. degree.

11.  In the processing of this case, a staff advisory opinion was also obtained from the Chief, Graduate Medical Education Division, Office of The Surgeon General (OTSG).  OTSG indicated that DoD Directive 6000.13 is the governing directive in granting constructive credit.  In accordance with DoD Directive 6000.13, paragraph 6.1.2.2.2, 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 of up to two years for a master's degree and up to four years for a doctorate.  Since the applicant completed his M.S. of Physiology prior to his medical degree, the OTSG recommended that he be granted two years of constructive credit for his M.S. degree.  
12.  On 4 January 2007, the applicant was provided with a copy of the second advisory opinion for review and rebuttal.  On 4 January 2007, the applicant concurred with the advisory opinion from the OTSG.

13.  DoD Instruction 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.2.2.1., in relevant part, stipulates that four years of constructive credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), podiatry (Pod. D. 
or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.) 

14.  Paragraph 6.1.2.2.2. of DoD Instruction 6000.13, stipulates 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 of up to two years for a master's degree and up to four years for a doctorate.  No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master's and a doctorate degree may not exceed the maximum allowed for a doctorate.

15.  Paragraph 6.1.2.2.3. of DoD Instruction 6000.13, in relevant part, stipulates that the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned.

16.  Army Regulation 135-101, effective 15 February 1984, provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent, it states that the grade and date of rank upon original appointment and assignment to an Army Medical Department (AMEDD) branch will be determined by the number of years of entry grade credit awarded. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.  Table 3-1 states that 4 years of constructive service credit is awarded for completion of a doctorate degree.  Additional credit may be granted in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable.  Credit for additional advanced degrees must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Table 3-4 stipulates that credit for a qualifying master's degree in Physiology may be granted.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded a MS in Physiology on 31 August 1998.  

2.  The evidence of record shows the applicant was appointed as a Medical Corps captain in the USAR on 18 May 2002.  At that time, he was granted
4 years of constructive credit for his professional medical degree.

3.  OTSG recommended that the applicant be awarded an additional two years constructive credit based on his Master of Science Degree.  This correction would also necessitate an administrative correction to the applicant's date of rank to captain.  

BOARD VOTE:

__jea___  __jlp___  __eem___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he entered active duty on 18 May 2002 as a captain with 6 years of constructive credit.

2.  That, after the above correction is made, the date of rank to captain of the individual concerned be adjusted accordingly.


							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060005666
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
129.0100
2.

3.

4.

5.

6.