RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20060017024 


	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.  


Ms. Catherine C. Mitrano

Director

Mrs. Phyllis M. Perkins 

Analyst


The following members, a quorum, were present:


Mr. Larry C. Bergquist

Chairperson

Ms. Marla J. N. Troup

Member

Ms. Ernestine I. Fields 

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, award of additional constructive service credit for a Chiropractic Degree earned in 1997 and six years of clinical experience.  

2.  The applicant states in effect, that he believes his date of rank and entry on active duty grade are in error because he was not awarded constructive service credit for his doctorate degree and medical civilian service.

3.  The applicant provides copies of his diploma and transcripts for his Doctor of Chiropractic degree from the Palmer College of Chiropractic (Davenport, Iowa), and a verification of his license/registration information from Michigan Department of Community Health in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain copies of a diploma and transcripts which show he was awarded a Doctor of Chiropractic degree from the Palmer College of Chiropractic on 21 February 1997.   

2.  The applicant records shows that he was appointed in the United States Army Reserve (USAR) branch unassigned, as a second lieutenant, effective 28 May 1999.

3.  On 3 April 2003, the applicant was appointed in the USAR Medical Corps, as a captain effective 1 May 2003.  He was ordered to active duty in the rank of captain on 13 June 2003.  Records further show that the applicant was awarded 4 years, 0 months, and 0 days of constructive service credit at the time of his appointment in the Medical Corps.

4.  The worksheet that calculates the applicant's constructive service credit is not available for review with this case

5.  In processing this case, a staff advisory opinion was obtained from the Directorate of Medical Education Graduate Medical Education Division, Office of the Surgeon General, (Falls Church, Virginia) dated 23 May 2007.  The Directorate of Medical Education opined that a review of the documents submitted by the applicant was complete and that the applicant is requesting credit for a Chiropractic Degree and experience.  The Directorate of Medical Education Graduate Medical Education Division stated that the Department of Defense Instruction (DODI) 6000.13 is the governing directive in granting constructive credit.   The Directorate of Medical Education stated that in accordance with paragraph 6.1.2.2.2 of this directive, credit may not include time spent after attainment of a baccalaureate or other lower degree.

6.  The Directorate of Medical Education Graduate Medical Education Division continued that "Credit may not include time spent in attainment of baccalaureate or lower degree.”  He further opined that the requirement to obtain a Chiropractic degree does not include a baccalaureate degree and therefore, it is not considered an advance degree but a lower degree.  The Directorate of Medical Education Graduate Medical Education Division recommended that the applicant's request for additional constructive service credit be denied.

7.  A copy of the staff advisory opinion was forwarded to the applicant for comment and/or rebuttal on 23 May 2007.  The applicant argued that the statement "the requirement to obtain a chiropractic degree does not include a baccalaureate degree and is therefore not an advanced degree, but a lower degree" was false.  The applicant argued that the vast majority of American medical schools, including the one he graduated from do not require a Bachelor Degree to matriculate into medical school.  He continued that due to intense competition for applicants, vast majority of matriculating students in both chiropractic and medical schools possess their undergraduate degrees prior to matriculation.  The applicant further argues that any student who matriculates into a college of medicine or chiropractic that does not already posses a Bachelor Degree can apply their medical courses to qualify for one and that a Doctorate of Chiropractic is one of three medical degress (Doctorate of Medicine and Doctorate of Osteopathy) that is recognized in all 50 states.  The applicant concluded that the degree bestowed upon him was a doctorate and should in no way be considered equivalent or less than a baccalaureate degree.  

8.  DODI 6000.13, paragraph 6.1.2 governs constructive service credit.  This paragraph states, in pertinent part, 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.

9.  DODI 6000.13, paragraph 6.1.2.2.2 states, in pertinent part, that credit for master’s and doctorate degrees in a health profession other than medicine or dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education up to 2 years for a master’s degree and up to 4 years for a doctorate.  Credit may not include time 
spent in attainment of baccalaureate or other lower degrees.  No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.  

10.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) states, in pertinent part, that grade and date of rank upon original appointment and assignment to a Army Medical Department (AMEDD) branch will be determined by the number of years of entry grade credit awarded.  The regulation also states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded additional constructive service credit for his Doctor of Chiropractic degree from Palmer College of Chiropractic and for six years of clinical experience.

2.  Evidence shows that the applicant was awarded 4 years of constructive service credit at the time of his original appointment on 28 May 1999.  The details of this constructive credit are not available for review with this case.  

3.  The Directorate of Medical Education Graduate Medical Education Division, Office of the Surgeon General opined that additional constructive service credit is not authorized for the completion of Doctor of Chiropractic degree.  Additionally, applicable regulation and policy state that constructive credit is not authorized for completion of Doctor of Chiropractic degree.  Therefore, the applicant is not entitled to additional constructive service credit based on completion of his Doctor of Chiropractic degree 

4.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that the 4 years of constructive service credit previously awarded upon his appointment is inaccurate or incorrect.  Absent evidence to show entitlement to additional constructive credit there is no basis to grant the relief requested in this case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__EF____  _MT____  _LB_____  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.





_    Larry Bryant__  
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.