RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060012123 


	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.


	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 service credit (CSC) for his Doctorate Degree (PHD) in Nutrition.

2.  The applicant states, in effect, that he did not receive any CSC for his PHD in Nutrition, which has proven to add adjunctive skills to his primary specialty.

3.  The applicant provides the following documents in support of his application:  Army Human Resources Command (AHRC) Career Advisor Electronic Mail 
(E-mail) Message; Doctor of Medicine Certificate; Doctor of Nutrition Certificate; University of California, Davis Transcript; Officer Record Brief (ORB); and United States Total Army Personnel Command (renamed AHRC), Order Number 
A-08-393710, dated 5 August 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he was appointed a captain (CPT) in the Medical Corps (MC) of the United States Army Reserve (USAR) on 18 August 2003, and that he was concurrently ordered to active duty in AHRC Order Number A-08-39710, dated 5 August 2003. 

2.  A DA Form 5074-R (Record of Award of Entry Grade Credit-Medical and Dental Officers) prepared on the applicant on 26 June 2003, shows that he was awarded a total of 7 years constructive service credit.  Of this total, 4 years was awarded for his basic qualifying medical degree, 1 year was awarded for his Internship and 2 years was awarded for his Residency in family practice.  

3.  The DA Form 5074-R also shows that 4 years of constructive credit was applied for him to receive his entry grade of CPT, and the remaining 3 years, in excess of that required for his entry grade, was credited and applied to his 
CPT DOR.  This resulted in his CPT DOR being established as 18 August 2000, based on his appointment date of 18 August 2003.

4.  In connection with the processing of this case, an advisory opinion was obtained from the Program Manager, Medical Corps (MC), Health Services Director, Headquarters, United States Army Recruiting Command (USAREC), Fort Knox, Kentucky.  This USAREC official referred to Army Regulation 135-101 and Department of Defense Instructions 6000.13, and indicated that in accordance with these governing regulations and policies, the degree for which credit is being awarded must add adjunctive skills to the primary specialty and must contribute directly to performance in anticipated duty position.  
5.  The USAREC official further indicated that these policies also required that credit for special education or experience could only be awarded if the experience is accrued after qualifying degree and licensure, if applicable.  This official finally provided that the applicant is not entitled to any constructive service credit for his Master’s (sic) in Nutrition.

6.  On 14 March 2007, the applicant provided a rebuttal to the USAREC advisory opinion.  He stated, in effect, that contrary to the advisory opinion, he obtained a PHD, not a Master's Degree, in Nutrition in 1994 and that it is in fact adjunct to his primary specialty.  He confirms that he counsels patients continually on nutritional care, thereby reducing the number of nutrition referrals needed.  He also states that he teaches other physicians and providers on nutrition topics to improve the health care that they provide.  He also states that while he provides immediate nutrition and medical health care to his patients, other physicians continue to study nutrition as graduate medical education to improve there patient care.  He finally states that the governing policy and regulation provide for the granted constructive service credit for other specialties as approved by the Secretary of the Army or designee on a case by case basis for advanced degrees which may qualify for additional constructive credit.

7.  The applicant provides an e-mail message from the AHRC MC Career Advisor, dated 28 January 2005.  In this message, the MC career advisor confirms the applicant's PHD in Nutrition is adjunct to his profession and that it was obtained prior to completion of his medical degree; therefore, he should have been awarded constructive service credit at the time of his appointment.  This official further stated that only if the PHD in Nutrition had been awarded simultaneously with the applicant's medical degree would constructive service credit not be awarded.

8.  The applicant provides a copy of his University of California Transcript and Doctor of Philosophy Diploma, which shows he completed four years of study in Nutrition.


9  Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.

10.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive service credit.  It states that this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.  

11.  Paragraph 6.1.2.2.2. of the same DODI 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 degree, shall be awarded based on actual full-time equivalent education up to two years for a master’s degree and up to four year’s for a doctorate.  Paragraph 6.1.2.2.3. states 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.  

12.  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, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  Table 3-1 states that credit for advanced degrees may be awarded at the rate of 1 year for each year (school year).  The degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated duty position.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to additional constructive service credit based on his PHD in Nutrition was carefully considered and found to have merit.  

2.  Notwithstanding the USAREC advisory opinion, which recommends denial based on Paragraph 6.1.2.2.5 of the governing DODI, which requires that creditable experience cannot predate the receipt of licensure, registration, or certification, for special education and experience, the applicant appears to be entitled to constructive service for his advanced PHD in Nutrition under the provisions of Paragraph 6.1.2.2.2 of DODI 6000.13, which authorizes constructive service credit for advanced degrees in a health profession other than medicine and dentistry, based on actual full-time equivalent education, up to two years for a master’s degree and up to four year’s for a doctorate, if the additional degree adds adjunctive skills to the primary specialty and contributes directly to performance in the anticipated position in the military service concerned.  

3.  The evidence of record contains a January 2005 e-mail from an AHRC MC Career Advisor, which confirms the applicant's PHD in Nutrition adds adjunct skills to his profession.  This coupled with the applicant's statements confirming he uses this education in his day-to-day practice as a family practice physician, confirms the applicant's entitlement to constructive credit for this advanced degree.  Therefore, it would be appropriate to correct his record to show he was granted 4 additional years of constructive service credit at the time of his appointment and to adjust his CPT and MAJ dates of rank accordingly. 

BOARD VOTE:

___YM __  __LMD__  __GJP __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 

a.  awarding the applicant an additional four years constructive service credit for his Doctorate Degree in Nutrition, for a total award of 11 years of constructive service credit as opposed to the 7 years he was awarded at the time of his appointment; 

b.  showing that upon his 18 August 2003 appointment in the Untied States Army Reserve, his entry grade of captain date of rank was established as 18 August 1996; 

c.  showing he was promoted to major effective on and with a date of rank of 18 August 2002; and 

d.  providing him all back pay and allowances due as a result.




____Yolanda Maldonado____
          CHAIRPERSON


INDEX

CASE ID
AR20060012123
SUFFIX

RECON
NO
DATE BOARDED
2007/05/15
TYPE OF DISCHARGE
NA
DATE OF DISCHARGE
NA
DISCHARGE AUTHORITY
NA
DISCHARGE REASON
NA
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
129.0000
2.

3.

4.

5.

6.