RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 July 2007
	DOCKET NUMBER:  AR20070004269 


	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

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. John N. Sloane

Chairperson

Mr. David K. Haasenritter 

Member

Ms. LaVerne M. Douglas

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, that his active duty rank (sic ADOR) be reviewed and adjusted based on his education, prior to military service, i.e., Master in Health Administration (MHA), Master in Geriatric Health Management (MGHM), and Doctor of Chiropractic (D.C.).

2.  The applicant states, in effect, that although these degrees were added to his records, his ADOR was not adjusted to reflect credit for these degrees.

3.  The applicant provides a copy of his official transcripts, a copy of his degrees, and a copy of his active duty orders, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded:  

a.  a D.C. degree from Palmer College of Chiropractic on 18 February 1994;

	b.  an MHA and MGHM degree from A. T. Still University of Health Sciences on 17 February 2006: and

	c.  a Doctor of Osteopathic Medicine from A.T. Still University of Health Sciences on 3 June 2006.

2.  The applicant’s military records show that he was appointed in the United States Army Reserve, as a captain (CPT/O-3), in the Army Medical Corps, effective 3 June 2006.

3.  The applicant was ordered to active duty on 12 June 2006, with an active duty commitment of 8 years, to fulfill his active Army requirement, with assignment to Tripler Army Medical Center, Honolulu, Hawaii.

4.  In the processing of this case, an advisory opinion was requested of the Office of The Surgeon General (OTSG), Chief, Graduate Medical Education Division.





5.  An opinion was provided on 23 May 2007.  The OTSG stated that the applicant was requesting constructive credit for his MHA, MGHM, and D.C. degrees.  DOD Directive 6000.13 is the governing directive in granting constructive service credit.  In accordance with this directive, paragraph 6.1.2.2.2. states, no additional credit may be given for more than one advanced degree in a single field or closely related field.  

6.  The total credit allowed for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.  The applicant earned both of his Master’s degrees simultaneously with his Doctor of Osteopathic Medicine Degree.  The OTSG recommended that no credit be awarded for his Master’s degrees.

7.  Additionally, paragraph 6.1.2 states, "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."  Para 6.1.2.2.2 states, “Credit may not include time spent in attainment of baccalaureate or other lower degrees.”  The requirement to obtain a Chiropractic degree does not include a baccalaureate degree; therefore it is not considered an advance degree, but a lower degree.  Therefore, it was recommended that the applicant not be granted constructive credit for his chiropractic degree.

8.  The applicant was provided a copy of this opinion for possible comment prior to consideration of his case.

9.  In his rebuttal by email, the applicant stated that he would like to have the recommendation reconsidered based on the fact that both the MHA and MGHM are business degrees, not degrees directly related to patient care, such as his Doctorate of Osteopathic and Doctor of Chiropractic degrees.  They are the equivalent of an MBA, only specialized towards running a hospital.  He originally sent in a transcript so that the Board could review the classes taken to see that they are, in fact, business and accounting classes.  Those who earn MBA degrees in fellowship do have their active duty date of rank adjusted, and he felt  that this credit should be extended to him as well based on the same reasoning.




10.  He also stated that his Doctor of Chiropractic degree is considered a "lesser degree" because the requirement did not include a baccalaureate degree.  Several States do, in fact, require a baccalaureate degree prior to entrance of school, and he himself did obtain his BS (Bachelor of Science) degree prior to going to chiropractic school.  Therefore, he did not consider this a "lesser degree."  He has five post-high school degrees, accounting for 12 years education (not including the concurrent Master’s degrees) that he is sure would benefit the Army through his career, including his chiropractic degree, which he utilizes frequently to help injured Soldiers and their families in the Tripler Family Medicine Clinic.  As he moves up the ranks into leadership roles, he would also be utilizing his Health Administration and Geriatric Health Management degrees, which would benefit the Army as well.  He now asks that the Board please reconsider the recommendation, even if this requires re-examining his Master’s degree class work to confirm the type of degree earned.  

11.  Department of Defense Instruction 6000.13 pertains to medical manpower and personnel.  

12.  Paragraph 6.1.2, of the directive, pertains to 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.  

13.  Paragraph 6.1.2.2.2, specifies credit for master’s and doctorate degrees in health profession other than medicine and dentistry, whether it is the primary degree or an 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 doctorate degree may not exceed the maximum allowed for a doctorate

14.  Paragraph 6.1.2.2.3, of the same directive, specifies 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.



DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant completed an MHA, MGHM, and D.C. degree and is requesting that his active duty date of rank be adjusted based on his education.  The applicant is requesting constructive service credit for completion of these degrees.  The OTSG, in an advisory opinion, stated that according to the governing directive, no additional credit may be given for more than one advanced degree in a single field or closely related field and the total credit allowed for having both a master and doctorate degree may not exceed the maximum allowed for a doctorate.  The OTSG determined that his MHA and MGHM degrees overlapped with his Doctor of Osteopathy degree and recommended no additional credit be awarded.

2.  The OTSG cited that portion of DoD Instruction, Paragraph 6.1.2.2.2 which provides that credit may not include time spent in attainment of baccalaureate or other lower degrees.  The applicant completed a Chiropractic degree which did not include a baccalaureate degree; therefore, it was not considered an advanced degree by the OTSG, but a lower degree.  The OTSG recommended that the applicant not be granted constructive service credit for his Chiropractic degree.

3.  In view of the circumstances in this case, the applicant is not entitled to an adjustment of his active duty date of rank for his MHA, MGHM, and D.C. degrees. 

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

___LD __  __DKH __  ___S____  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.




_____John N. Sloane______
          CHAIRPERSON




INDEX

CASE ID
AR20070004269
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070717
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . ACTIVE DUTY
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102
2.

3.

4.

5.

6.