IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080002866
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 2 years of constructive service credit for completion of his advanced degree in molecular genetics.
2. The applicant states that he was told that he would receive constructive credit for his advanced degree.
3. The applicant provides copies of his academic transcript, orders to active duty, application for appointment with enclosures and his Armed Forces Health Professions Scholarship Program (AFHPSP) service agreement.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the rank of captain as a Medical Corps officer with a primary specialty of family medicine.
2. On 10 May 2003, the applicant was awarded a master of science degree in biological sciences with specialization in genetics from Purdue University, West Lafayette, Indiana.
3. Orders A-03-706473, United States Army Human Resources Command, St. Louis, Missouri, dated 21 March 2007, ordered the applicant to active duty as a captain, Medical Corps, with a report date and date of rank of 11 June 2007.
4. 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 in order to grant constructive credit for an additional advanced degree, that degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned. As a trainee in the specialty of general surgery, the applicants advanced degree in biological sciences/genetics does not tangibly add any value to his primary specialty of family medicine, contribute directly to performance of skills as a family medicine resident, nor reduce the expected length of training to meet specialty board requirements. Therefore, the advisory opinion recommended that no constructive credit should be granted for this advanced degree.
5. On 20 May 2008, the applicant was advised by letter of this advisory opinion. No response has been received.
6. 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.
7. 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.
8. 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.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. 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 individuals primary specialty, they must contribute to the performance of that position. The applicants advanced degree does not meet these requirements.
2. 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 the aforementioned requirement.
3. In view of the above, the applicants request should not be granted.
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 for correction of the records of the individual concerned.
________ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080002866
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