RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20070000516


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. David W. Tucker               |     |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 constructive service credit
for a Master of Science degree he earned before signing up for the Armed
Forces Health Professions Scholarship Program.

2.  The applicant states, in effect, he received a Master's Degree in
Biomedical Sciences from Eastern Virginia Medical School, Norfolk,
Virginia, in May 1998.  This degree was completed prior to his entering
medical school and before signing up for the Army through the Armed
Forces Health Professions Scholarship Program.  He was told he might
receive up to two years time in grade for having a master's degree before
he entered the Army.  This would have the effect of pushing his date back
and he would receive an increase in his salary as well as be eligible for
major sooner.

3.  In support of his request, the applicant submitted a copy of his degree
of Master in Biomedical Sciences, and a copy of an official transcript from
Eastern Virginia Medical School.

CONSIDERATION OF EVIDENCE:

1.  The applicant completed requirements for the degree of Master in
Biomedical Sciences on 31 July 1998 at Eastern Virginia Medical School.  He
was appointed as a Reserve commissioned officer of the Army, on 30 October
1998.  The applicant's appointment was in the rank of Second Lieutenant.
He was not assigned to any specific branch of the Army in the Reserve.

2.  On 30 October 1998, the applicant completed a Department of the Army
service agreement to participate in the Armed Forces Health Professions
Scholarship Program.

3.  The applicant was awarded a Doctor of Medicine degree on 18 May 2002.

4.  The applicant was appointed as a Reserve commissioned officer of the
Army in the Medical Corps, in the Specialty Skill Identifier (SSI) 60NAA,
in the rank of Captain, on 18 May 2002, with a date of rank of 18 May
2002.  The applicant was credited with 4 years, 0 months, and 0 days, of
service in an active status, as of the date of his graduation from medical
school.  This service is not valid for basic pay, and it is not the
result of prior military service.

5.  The applicant was ordered to active duty for three years on 25
September 2006 to fulfill his active Army requirement.
6.  In the processing of this case, an advisory opinion was requested of
the Office of The Surgeon General.

7.  On 9 May 2007, the Director of Medical Education, Graduate Medical
Education Division, Office of The Surgeon General, responded to the
request and opined, and recommended, the applicant should receive 2 years
constructive service credit for his degree of Master in Biomedical
Sciences in accordance with Department of Defense Policy contained in DoD
Directive 6000.13, paragraph 6.1.2.2.2.

8.  The favorable opinion was forwarded to the applicant for his
acknowledgment and possible rebuttal on 9 May 2007.  The applicant
concurred with the opinion and recommendation on 15 May 2007.

9.  Army Regulation 135-101, prescribes the policies, procedures, and
eligibility criteria for appointment of commissioned officers in the
Reserve, in the six branches of the Army Medical Department (AMEDD).  This
regulation provides that officers will be granted constructive service
credit for periods of professional training and experience accrued after
receipt of the basic qualifying degree.  The constructive service credit is
awarded based on an officer’s effective date of appointment.

10.  Army Regulation 135-101 also specifies that officers being appointed
in the Medical Corps with a basic qualifying degree of Doctor of Medicine
may be awarded 4 years constructive service credit.  One-year credit for
each school year may be awarded for additional advanced degrees.  The
degree must add adjunctive skills to primary specialty and must contribute
directly to the performance in anticipated duty position.

11.  Department of Defense Instruction Number 6000.13, paragraph
6.1.2.2.2. provides 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.  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 allowed for
having both a master’s and a doctorate degree may not exceed the maximum
allowed for a doctorate."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was eligible for 2 years constructive service credit for
his degree of Master in Biomedical Sciences, his advanced education beyond
his basic qualifying degree, since this degree was received prior to his
entry into medical school and being commissioned as an officer in the Army.

2.  Based on the evidence in this case, the applicant is entitled to
correction of his records to show he was awarded 2 years, zero months, and
zero days additional constructive service credit, for a total of six years
constructive service credit, effective the date of his appointment in the
Army Medical Corps Branch.  The applicant is further entitled to
adjustment of his date of rank and to have his records reflect he was
appointed to the rank of captain with a date of rank of 18 May 2000, on
the effective date of his appointment.

3.  Based on the evidence, the applicant was not awarded proper
constructive service credit at the time he was commissioned in the Army,
Medical Corps Branch, and his records should be corrected as recommended
below.

BOARD VOTE:

___RJW_  _DWT __  ____JCR_  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 showing the individual concerned was commissioned in the
Army Medical Corps Branch, as a Captain, with 2 years additional
constructive service credit, for a total of six years constructive
service credit, with adjustment of his date of rank to 18 May 2000.




                                  _____Jeffrey C. Redmann____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070000516                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070524                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0000                                |
|2.                      |102.0800                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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