IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080006530
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 constructive service credit for his Master of Arts degree in biological sciences.
2. The applicant states, in effect, that he believes his not receiving constructive service credit was an administrative oversight during his accession into the military.
3. The applicant provides copies of his Department of the Army Service Agreement, Armed Forces Health Professions Scholarship Program (AFHPSP), dated 11 March 2002; appointment memorandum, dated 11 March 2002; Oath of Office, dated 11 March 2002; transcript and diploma from the University at Buffalo, The State University of New York, issued on 1 September 2002; orders to active duty, dated 8 May 2006; and his Officer Record Brief (ORB), dated
30 April 2008.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the rank of captain as a Dental Corps officer with a primary specialty of oral surgery.
2. On 11 March 2002, the applicant enrolled in the F. Hubert Armed Forces Health Professions Scholarship Program. He was concurrently appointed as a second lieutenant in the United States Army Reserve and took his oath of office.
3. On 1 September 2002, the applicant was awarded a Master of Arts Degree in biological sciences from the University at Buffalo, the State University of New York.
4. In 2006, the applicant was awarded a Doctor of Dental Surgery degree from the University of Pennsylvania at Philadelphia.
5. Orders A-05-611253, United States Army Human Resources Command, St. Louis, Missouri, dated 8 May 2006, ordered the applicant to active duty as a captain, Dental Corps, with a reporting date and date of rank of 2 October 2006.
6. In the processing of this case, an advisory opinion was obtained from the Program Manager, Health Services Directorate, Recruiting Command, Fort Knox, Kentucky. It stated that the applicant received the appropriate constructive credit upon appointment as a commissioned officer in the United States Army Dental Corps. While the applicant believes that he should have received credit for his Master of Arts degree in biological sciences, which he earned in 2002, there is no provision in the Department of Defense Instruction (DODI) Number 6000.13 that allows a Dental Corps officer to receive such credit. Under section 6.1.2.2.3 of DODI 6000.13, it specifies that one major criterion for granting credit for an advanced degree is that the degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the military service concerned. A degree in biological sciences does not provide adjunctive skills to a Dental Corps officer, nor does it contribute directly to duty performance, and thus it does not satisfy this requirement.
7. On 22 July 2008, a copy of the advisory opinion was sent to the applicant for his information and opportunity to submit a rebuttal. No response has been received to date.
8. DODI 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.
9. 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.
10. 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 DODI 6000.13 and Army Regulation 135-101 clearly state that the additional degree must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.
2. The applicantÂ’s advanced degree in biological sciences does not meet the criterion for award of constructive credit. Therefore, his request should be denied.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080006530
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