IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080001779
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of an earlier request that he be granted constructive credit for his Master of Science degree in genetics and molecular biology from Adelphi University.
2. The applicant argues that an Internal Medicine Consultant for the Army finds the completed course work from Adelphi and degree add adjunctive skills and contributes directly to performance of his primary specialty. The applicant contends he is entitled to additional constructive credit based on the consultants opinion. The applicant concludes that the ABCMR has the ability to provide constructive credit on a case by case determination.
3. The applicant provides a letter from the Internal Medicine Consultant to the Office of the Surgeon General in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20060001272, on 13 March 2007.
2. The applicant provided a letter from Internal Medicine Consultant to the Office of the Surgeon General which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The letter provided by the applicant from the Internal Medicine Consultant to the Office of the Surgeon General states, in effect, that the applicant completed an MS in Biology prior to entering active duty service and this additional degree adds adjunctive skills and gives him a better understanding of physiology, the ability to write scientifically and the ability to contribute to research in the Army.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of the Surgeon General. The Chief states the Master of Science, Biology is not among the degrees to be considered as per table 3-4 of Army Regulation 135-101. The degree did not allow the applicant to complete his Internal Medicine residency training in a shorter period of time or for him to sit for certification boards early. The Chief concludes that there is no tangible evidence of adjunctive skills.
5. A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal. He did not respond within the given time frame.
DISCUSSION AND CONCLUSIONS:
1. The applicant's new evidence has been carefully considered and determined to be insufficient to grant relief in this case.
2. Although the Internal Medicine Consultant recommended the applicant received constructive credit for his Biology degree, pertinent regulation does not list the applicant's degree among those qualifying for constructive credit. Additionally, the Chief, Graduate Medical Education Division, Office of the Surgeon General, opined that the applicant's degree is not a qualifying degree for additional constructive credit.
3. The new evidence provided is insufficient as a basis to amend the ABCMR original decision.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ____X ___ 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 to amend the decision of the ABCMR set forth in Docket Number AR20060001272, dated 13 March 2007.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080001779
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080001779
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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