RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070017437 


	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. Lisa O. Guion

Analyst

      The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. William Blakely

Member

Mr. Frank C. Jones

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, Constructive Service Credit (CSC) for advanced education.  

2.  The applicant states, in effect, that she did not receive CSC for her advanced Master's Degree in Public Health at the time she was commissioned in the Medical Corps, and as a result has lost rank and pay entitlements.  She also indicates that while it has been some time since her commissioning, she was advised, while in medical school, to wait until she was assigned to her first command to correct her records; however, no one at her first assignment was able to help her with a records correction.

3.  The applicant provides a self authored statement and Tulane University School of Public Health and Tropical Medicine Transcript and Certificate in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on 18 May 2002 the applicant completed the requirements for her medical degree while enrolled in the Uniform Service University of Health Sciences Health Professions program, and was appointed captain (CPT) in the Medical Corps (MC) of the Regular Army (RA), and she entered active duty in that status.  She is currently serving on active duty and performing duties in a neonatology fellowship at the Walter Reed Army Medical Center (WRAMC), Washington DC.  

2.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of The Surgeon General (OTSG).  This OTSG official stated that the applicant completed a two year Master of Public Health Degree prior to entering the Uniform Service University of the Health Sciences and completing her medical degree, and as a result should have received 2 years of CSC for this advanced degree in conjunction with her appointment in the RA MC in accordance with the governing Department of Defense (DOD) directive, which allows up to 2 years credit for a master’s degree, and up to four years credit for a doctorate degree in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree.

3.  On 5 May 2008, the applicant concurred with the contents of the OTSG advisory opinion.  

4.  The applicant provides a copy of her official medical school transcript and certificate from Tulane University, School of Public Health and Tropical Medicine, which shows she completed the requirements for and was awarded her Master of Public Health Degree on 15 August 1996.

5.  Department of Defense 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 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.  Paragraph 6.1.2 contains guidance on CSC.  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.  

6.  Paragraph 6.1.2.2.2. of the same DODI 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.  Paragraph 6.1.2.2.3 states 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. 

7.  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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she is entitled to 2 years advanced degree CSC based on her Master's of Public Health Degree was carefully considered and found to have merit.  

2.  By law and regulation, CSC is awarded at the time of appointment in order to provide 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.  Further, CSC for advanced degrees (master’s and doctorate) 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 2 years for a master’s degree and up to four years for a doctorate.  

3.  The evidence of record confirms that the applicant was not awarded CSC for her advanced degree (Master of Public Health) at the time she was appointed a CPT in the RA MC.  Therefore, it would be appropriate and serve the interest of equity and justice to correct her record to show she was granted 2 years CSC based on her advanced degree at the time of her appointment, and that as a result, her CPT DOR was established as 18 May 2000 vice 18 May 2002.  However, while CSC is used for date of rank purposes, it is not creditable service for pay.  As a result, this date of rank adjustment should not result in any increased pay entitlement.  

4.  In addition, based on her adjusted date of rank to CPT, the applicant's record should be placed before a Special Selection Board (SSB) for consideration for promotion to Major under the criteria of the 2005, 2006, 2007, and 2008 Department of the Army AMEDD Major promotion boards.  If she is selected for promotion, the effective date of promotion and date of rank should be assigned as if she had been originally selected under the earlier criteria identified by the SSB, and she should be provided all back pay and allowances due as a result.  If she is not selected, she should be so notified by the appropriate Army Human Resources Command promotion officials.   



BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

      a.  showing that she was awarded 2 years of constructive service credit based on her advanced Master’s of Public Health Degree in conjunction with her 18 May 2002 appointment in the RA MC; 
      
      b.  adjusting her captain date of rank to 18 May 2000 based on the award of 2 years of constructive service credit for her advanced degree;  
      
      c.  submitting her corrected record to a duly constituted Special Selection Board for promotion consideration to Major under the criteria followed by all promotion selection boards that would have considered her for promotion to major based on her adjusted captain date of rank of 18 May 2000; and 
      
      d.  if she is selected for promotion to major by the Special Selection Board, her record should be corrected by establishing her Major promotion effective date and date of rank as if she had been originally selected under the earlier criteria identified by the Special Selection Board, and by providing her all back pay and allowances due as a result.  If she is not selected for promotion by the Special Selection Board, she should be so notified by the appropriate Army Human Resources Command promotion officials.  




      _________x_____________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017437


2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508