RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070012820 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 6 years of constructive credit and adjustment of his date of rank based on completion of a doctor of medicine degree and a master degree in health administration.   

2.  The applicant states that, in effect, it took him 6 years to complete both of his degrees.  He worked on his doctor of medicine degree from the Fall of 1999 to the Spring of 2001; and again from the Fall of 2003 to the Spring of 2005.  During the period from the Fall of 2001 to the Spring of 2003, the applicant worked toward and completed his master degree in health administration.   He further states that he was not working on both degrees simultaneously or concurrently.  He earned these degrees from two different institutions and was not participating in a combined degree program.  He contends that he has satisfied the criteria for an award of 4 years constructive credit for his medical doctorate and for 2 years constructive credit for his master of health administration.  

3.  The applicant provides copies of his diploma and transcript from the University of Southern California and from Temple University, his service agreement, appointment orders, residency contracts, handbooks, and the Department of Defense Instruction Number 6000.13.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a field surgeon on active duty as a captain in the Medical Corps. 

2.  On 5 November 2002, the applicant signed a Department of the Army Service Agreement (USAREC Form 1131) to enter into the Armed Forces Health Professions Scholarship Program (AFHPSP).  He agreed to remain in this program to complete the educational phase leading to a professional degree.  He further agreed to pursue his studies on a continuous basis, directing his efforts toward completion of course requirements in the health profession for which he was selected for a scholarship.  He was not permitted to voluntarily withdraw from the program.  In return for his 2 year academic scholarship, the applicant incurred a service obligation of 6 years.  

3.  On 12 August 2003, the applicant was awarded a Master of Health Administration Degree from the University of Southern California.

4.  On 6 August 2005, the applicant was awarded the degree of Doctor of Medicine from Temple University.
5.  In a memorandum dated 23 June 2005, the applicant was notified of his appointment as a Reserve commissioned officer of the United States Army, in the rank of captain, pay grade O3.  His branch was the Medical Corps and his component was the United States Army Reserve.  His was granted 4 years of constructive credit.

6.  On 26 August 2005, the applicant entered active duty and was assigned as a medical officer at Madigan Army Medical Center, Tacoma, Washington.

7.  In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia.  The opinion stated, in part, that even though the applicant received his master degree while on a leave of absence from medical school, it is still considered as being conferred in conjunction with his medical degree because he was still under contract as a Health Professional Scholarship recipient.  It further advised that no additional credit may be given for more than one advanced degree in a single, or closely related field.  The total credit allowed for having both a master and a doctorate degree may not exceed the maximum allowed for a doctorate.  The additional degree must also add adjunctive skills to the primary specialty concerned.  The Master of Health Administration is not recognized as enhancing the applicant's primary specialty.  Therefore, the advisory opinion recommended that no constructive credit should be granted for his master degree.

8.  On 15 January 2008, the applicant wrote a rebuttal statement to the advisory opinion.  In his response, he contented that his scholarship contract was only for the last two years of his medical education, which he did not begin until the Fall of 2003.  By that time, he had already completed his master degree in health administration.  The applicant also contends that there is a misunderstanding of the governing regulation regarding the provision that states the total credit allowed for both a master and a doctorate degree may not exceed the maximum allowed for a doctorate.  His interpretation is that the regulation provides for an additional 2 years of constructive credit for his master degree.  The applicant also takes exception to the opinion regarding the requirement that the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position.  He states that the opinion did not provide an authority or regulation that states where his master in health administration is not recognized as enhancing his current medical specialty.  He argues that the Army feels his additional degree enhances him as a physician and in turn benefits the Army.  

9.  Department of Defense Instruction (DODI) Number 6000.13, Medical Manpower and Personnel, dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.

10.  DODI Number 6000.13, paragraph 6.1.2: Constructive Service Credit. 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.  This DODI further provides at paragraph 6.1.2.2.3 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).  It provides at paragraph 4 of Table 3-1 (Constructive Service Credit) that credit for additional advanced degrees in Table 3-4 must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Table 3-4 lists advanced degrees earned in specialties that may qualify for additional constructive credit.  This table does not list any advanced degrees in health administration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant began his medical studies, took a leave of absence to complete his master in health administration, and then returned to and completed his medical doctorate.  

2.  The applicant completed his Master of Health Administration in August 2003 and his Doctor of Medicine degree in August 2005.

3.  At the time of the applicant's appointment in 2005 as a Medical Corps commissioned officer, he received 4 years of constructive credit for completion of his medical doctorate degree.

4.  The requirements as written in both the DODI 6000.13 and Army Regulation 135-101 clearly state that not only must the additional degree add to the skills of the individual’s primary specialty, they must contribute to the performance in the anticipated duty position.  Therefore, the argument that the applicant’s additional degree enhances him as a physician and in turn benefits the Army is contrary to the purpose of awarding constructive credit. 

5.  Furthermore, Table 3-4, Army Regulation 135-101, provides a specific list of advanced degrees that may be acceptable for constructive service credit.  The applicant’s advanced degree is not listed.  

6.  In view of the above, the applicant’s request should not be granted.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ JBG __  __RSV __  __DWS _  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 B. Gunlicks __
          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.