IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080002867 


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 that she be granted 2 additional years of constructive credit for her masters degree in Physiology and Biophysics.  

2.  The applicant states that she was recruited for the Health Professions Scholarship Program (HPSP) from her masters program and she was informed by officials that recruited her that she would receive 2 years of constructive service credit for this degree once she went on active duty. 

3.  The applicant provides a copy of her transcript. 

CONSIDERATION OF EVIDENCE:

1.  On 28 April 2003, while a full-time student at Georgetown University, the applicant submitted an application for appointment as a commissioned officer.  Her request was approved and on 29 May 2003, she accepted an appointment as a Reserve commissioned officer of the Army.    

2.  She also signed an agreement to participate in the Armed Forces Health Professions Scholarship Program (AFHPSP) leading to a degree in medicine.  In the agreement she agreed that in return for a 4-year academic scholarship in the AFHPSP, she would serve 4 years on extended active duty and 4 years in the Individual Ready Reserve (IRR).  In paragraph 27 of the agreement, she acknowledged that she understood that the contract was between her and the United States Army and that there were no oral or other agreements or understandings or representations made that were not contained in the agreement.

3.  On 21 March 2007, orders were published by the Human Resources Command – St. Louis which ordered the applicant to active duty in the rank of captain (CPT), effective 11 June 2007.  The orders specified that her appointment was effective the date she entered active duty and her date of rank (DOR) would be adjusted based on constructive credit of 4 years.  She entered active duty on 11 June 2007. 

4.  On 6 September 2007, orders were published by the Human Resources Command – Alexandria (HRC-Alex) which announced that her adjusted DOR was 11 June 2007.  

5.  On 22 October 2007, the applicant signed a training agreement for Graduate Medical Education (GME) in Family Medicine at DeWitt Army Community Hospital, Fort Belvoir, Virginia beginning on or about 1 July 2008 and scheduled to be completed on 30 June 2010.  In that agreement, she again acknowledged that the agreement constituted the entire contract between herself and the United States Army and that there were no oral or other agreements, understandings or representations that were not noted. 

6.  In the processing of this case a staff advisory opinion was obtained from the Department of the Army, Office of The Surgeon General (OTSG).  The applicant’s transcript from Georgetown University was provided to that office for review and officials from the GME Division opined that the applicant’s advanced degree in Physiology and Biophysics does not tangibly add any value to her primary specialty of family medicine, that it does not contribute directly to performance of skills as a family medicine resident, nor does it reduce the expected length of training to meet specialty board requirements.  The OTSG recommended that no additional credit be granted.       

7.  The advisory opinion was provided to the applicant for comment and the applicant responded to the effect that her degree in Physiology and Biophysics does add adjunctive skills to her primary specialty of Family Medicine and contributes to performance in her anticipated position of family medicine physician in several ways.  Specifically, her studies in physiology and biophysics add training in the following areas among others that were not covered in medical school and are directly applicable to practicing military medicine:

	- mechanisms of human training and performance
	- risk-factors related to overuse injuries and recovery time
	- physiologic responses to training at altitude and with diving
	- nutrition and supplements as they impact human performance
	- metabolic responses to physical and mental stress
	- complementary and alternative medicine

She goes on to state that while it does not reduce the expected length of training to meet specialty requirements for family medicine, her studies will better prepare her for military operational medicine which she anticipates practicing after completion of her residency in family medicine.  In addition, the degree is applicable in current clinical and basic research projects which the military supports through the Human Performance Laboratory and it is her goal to be involved with some protocols through that lab.  She further states that when she was recruited for the HPSP, she was in her Master’s Program and was specifically told by two officials that her degree would confer constructive service credit and that it is a misrepresentation to deny the credit when it was specifically stated that it would be granted.

8.  DODI 6000.13, paragraph 6.1.2 governs constructive service credit.  This paragraph states, in pertinent part, 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.

9.  DODI 6000.13, paragraph 6.1.2.2.2 states, in pertinent part, that credit for master’s and doctorate degrees in a health profession other than medicine or dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education up to 2 years for a master’s degree and up to 4 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 for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.  The maximum credit for a doctorate degree is 4 years.

10.  Army Regulation 135-101, Appointment of Reserve Commissioned Officer for Assignment to Army Medical Department Branches, provides in Table 3-3 (Credit for Qualifying Degree or Discipline) a list of disciplines and the amount of credit that is authorized at the Doctorate, Master’s and Baccalaureate level.  It provides, in pertinent part, that constructive credit for a degree in Physiology is only authorized for a Doctorate level degree and 4 years is the amount of credit awarded.  Biophysics is not listed as a degree in which constructive credit is awarded.  However, the regulation specifies that other specialties may be approved by the Secretary of the Army or designee on a case by case basis.

11.  Army Regulation 135-101 provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty.  Paragraph 3-2 provides that individual with 7 or more years of service, but less than 14, will be commissioned in the rank of CPT.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be granted 2 additional years of constructive credit for her Master of Science degree in Physiology and Biophysics from Georgetown University because she was told by recruiting officials at the time that she would receive the additional credit and because it adds adjunct skills to her primary specialty and contributes to her performance.  

2.  While the sincerity of the applicant’s claim that she was informed by recruiting officials that she would receive constructive credit for her Master’s degree is not in doubt, she has provided no evidence to support that claim.  In fact, all of the applicant’s agreements (contracts) contain the statement that there were no oral or other agreements, understandings or representations that were not noted on the agreement and the applicant acknowledged such with her signature.     

3.  Additionally, the applicable regulation lists the specialties/disciplines for which constructive credit may be awarded. It provides that constructive credit may only be awarded for a Doctorate of Physiology.  There are no provisions for awarding any constructive credit for a Masters Degree in Physiology.  There is no listing for constructive credit for Biophysics and based on the advisory opinion from the OTSG, it appears that the OTSG does not deem that that discipline warrants an exception for constructive credit.

4.  Therefore, in the absence of substantiating evidence to show that the applicant was in fact informed that she would receive constructive credit for her Master’s Degree and that she relied on that information to her detriment, there appears to be no basis to grant her additional constructive credit.  To do so would afford her a benefit that others in similar circumstances are not afforded.

5.  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

___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)                                         AR20080002867





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ABCMR Record of Proceedings (cont)                                         AR20080002867



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