RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 June 2007
      DOCKET NUMBER:  AR20070001304


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 an advanced master's degree.

2.  The applicant states, in effect, he believes his Master of Business
Administration (MBA) degree should be considered for 2 years of
constructive service credit.  He states that he knows a master's degree in
Public Health is given credit and he believes his MBA should be weighted
with equal importance, if not more.  He claims leadership, time management,
and communication skills are acquired when receiving an MPA, such as
administrative, budget, operational, and logistical management.

3.  The applicant provides a copy of his MBA degree in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that he entered the Armed Forces
Health Professions Scholarship Program (AFHPSP) on 28 June 2002 and that he
was appointed a second lieutenant in the United States Army Reserve (USAR)
on 2 July 1998.

2.  The applicant's Official Military Personnel Filed (OMPF) contains an
Army Human Resources Command (AHRC), St. Louis, Memorandum, dated
19 May 2002.  This document shows that the applicant was appointed a
captain (CPT) in the Medical Corps (MC) of the USAR.

3.  On 1 June 2006, the applicant was ordered to active duty as a MC CPT
and assigned to Tripler Army Medical Center (TAMC), Hawaii.  He is now
serving as a Physiatrist at TAMC.

4.  The applicant provides a copy of an MBA Certificate from the New York
Institute of Technology, which shows he was awarded an MBA degree in May
2002.  He also provides an academic transcript from the New York College of
Osteopathic Medicine, dated 10 February 2004, which shows he also completed
the requirements for and was awarded a Doctor of Osteopathy (DO) degree in
May 2002.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Directorate, Medical Education, Graduate Medical
Education Division, Office of The Surgeon General (OTSG).  This opinion
indicates that a review of the documents submitted by the applicant was
completed and it was determined that the applicant completed his MBA degree
simultaneously with his DO degree and based on the Department of Defense
(DOD) policy, constructive service credit can be granted for only one of
these degrees.  In addition, DOD policy and Army regulation stipulate that
in order to be granted constructive service for an additional degree, it
must add adjunctive skills to the primary specialty and must contribute
directly to the performance of the anticipated position in the military
service concerned.  In view of the facts of the case, the OTSG recommends
denial of the applicant's request.

6.  On 29 May 2007, the applicant submitted a rebuttal to the OTSG advisory
opinion.  He states that he believes he should be granted constructive
service credit for his MBA degree because it is a separate degree from his
DO degree.  He states there was no class credit that overlapped and each
degree was obtained at separate schools.  He states his degree should be
credited whether it was obtained prior to, during, or subsequent to his
completion of medical school and should not be discredited solely on the
fact it was completed during his medical school program.  He states that
while his MBA is a degree in business, it improves his aptitude as a doctor
and a Soldier.  He further states his degree enhances his ability manage
time, coordinate schedules and supervise staff to operate the medical
office in an efficient manner.  It states that it is illogical to opine
that his degree lacks validity based only on the time period during which
it was acquired.  He concludes by indicating he should not be penalized for
applying himself and finishing his schooling in a timely pace.

7.  DOD 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 a prospective heath profession officer’s
entry grade and rank shall be determined by the number of years of entry
grade credit awarded on original appointment, designation, or assignment
as a health professions officer.  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.

8.  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.

9.  Paragraph 6.1.2.2.2. of DODI 6000.13 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.  Credit may
not include time spent in attainment of baccalaureate or lower degrees.  It
further states that 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 doctorate degree may not
exceed the maximum allowed for a doctorate.  The DODI guidance further
indicates 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.

10.  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.  Table 3-3 contains a list of advanced degrees
that qualify for additional constructive service credit.  This list does
not include an MBA degree.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive additional
constructive service credit for his MBA degree was carefully considered.
However, there is insufficient evidence to support this claim.

2.  The MBA certificate and academic transcript he provided for his DO
degree provided by the applicant show that both degrees were conferred in
May 2002; however, even if the degrees had no overlapping courses or
credits, in accordance with the governing DOD policy and Army regulation,
additional constructive service credit for advanced degrees is authorized
only for health profession degrees, other than medicine and dentistry.

3.  Further, the governing Army regulation lists the specific advanced
health profession degrees that authorize additional constructive service
credit.  This list does not include an MBA degree.  Notwithstanding the
applicant's belief that his MBA degree greatly assists him in the
performance of his duties, absent official certification from the OTSG, or
another appropriate medical authority, that confirms this degree adds
adjunctive skills to the primary specialty, there is no basis for granting
a Secretary of the Army exception for additional constructive service
credit in this case.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA  _  __JLP  __  __JBM __  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.




                                  _____James E. Anderholm __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001304                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/26                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |102.0800                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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