IN THE CASE OF:	  

	BOARD DATE:	  11 September 2008

	DOCKET NUMBER:  AR20080009115 


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:

The applicant deferred to counsel and remained silent. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Attorney, as counsel for the applicant, requests, in effect, reconsideration of the applicant's earlier request to the Army Board for Correction of Military Records (ABCMR) for award of two years of additional constructive credit for obtaining her Master degree in Business Administration (MBA) in Health Care Leadership.

2.  Counsel states that requesting reconsideration is appropriate if it can be reasonably argued that in its initial decision the Board either misapplied the law (rule, regulation or directive) or misapprehended the facts, or both.  The applicant feels that the initial decision did not do substantial justice and for that reason she asks for further consideration of the issues and that in effect, her records be changed in order to avoid an injustice.  Counsel states that the Army wants to attract the best young people to become its medical officers and future medical leaders and the current decision if allowed to stand would have a chilling effect on that effort.  The applicant would suggest that the current decision is too narrow.  It failed to take into account the applicant’s position within the health care delivery system and the importance she and other young officers have within that system.



3. The applicant's request for reconsideration, which was prepared by the applicant's counsel is included in its entirety as an enclosure to this Record of Proceedings.

4.  Counsel argues, in behalf of the applicant that the law is being misapplied, that the facts are being misapplied, that the facts are being misapprehended, and that the current order is unfair to the applicant.

5.  Counsel provides a copy of the applicant’s previous board proceeding and a copy of her ORB (Officer Record Brief) in support of her request.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070002211 on 12 July 2007.

2.  The Board concluded, in the applicant's earlier case, that the Army does not just encourage military physicians to learn business leadership skills on the job.  The Army has specific civilian education programs to teach its AMEDD (Army Medical Department) officers those skills.  Those programs (e.g., the Interagency Institute for Federal Health Care Executives Course) appear to be geared toward its senior leaders or toward those officers for whom an advanced degree would benefit the Army in a subject area of functional importance to the Army.  There does not appear to be anything in DA Pamphlet 600-4, and certainly nothing in paragraph 4-4, that encourages the ordinary AMEDD officer to have an advanced degree in public health or business administration.

3.  The applicant, as a junior AMEDD officer in specialty 62B, was primarily concerned with the basic duties of a physician.  Even her two officer evaluation reports where she performed duties as a brigade and battalion surgeon indicated she performed more basic duties of a physician rather than those health care duties envisioned for more senior AMEDD officers.  If the applicant had been assigned to a 70A position, her MBA in Health Care Leadership could more readily be seen as adding adjunctive skills and contributing directly to her performance of duty.  However, the applicant was not assigned to a 70A position. 

4.  In her earlier case, she stated that constructive credit would allow her to be promoted faster and start to use the skills she possesses in leadership positions. This appears to be an acknowledgement that she is not yet using those skills despite her contentions in her rebuttal to the advisory opinion.  

5.  The evidence shows the applicant obtained her MBA in Health Care Leadership on 16 May 2004.  The applicant was awarded her medical degree in May 2004.

6.  The applicant entered active duty on 2 June 2004 in the rank of captain, O-3 in specialty 62B (Field Surgeon).  She was awarded 4 years of constructive credit for her medical degree. 

7.  Counsel’s new arguments, in effect, is that the Board either misapplied the law or misapprehended the facts, or both, and that the current order was unfair to the applicant.

8.  OTSG (Office of The Surgeon General) noted an 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.  OTSG noted that, as a general medical officer, the applicant’s advanced degree in Health Management does not contribute directly to her performance in this area of concentration.  OTSG noted that [Department of Defense Instruction (DODI) 6000.13], paragraph 6.1.2.2.2 states "No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate."  OTSG recommended the applicant not be granted additional credit.

9.  DODI 6000.13, paragraph 6.1.2.2.1. states four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P), veterinary (D.V.M.) and pharmacy (Ph.D.).

10.  Paragraph 6.1.2.2.3 states 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.

DISCUSSION AND CONCLUSIONS:

1.  Counsel's arguments were carefully and thoroughly considered.  After a review of his arguments, in detail, it was noted that there was no evidence to show that any laws were misapplied, that any facts were misapprehended, or that the current order was unfair to the applicant.  It is understood that the matter was of general importance to the applicant.

2.  While the counsel's arguments were understood and each considered in detail; there is no evidence, and counsel has provided none, to show that an error, injustice, or inequity occurred in the applicant's case
3.  The regulatory authority did not ignore the enterprising young doctor, the applicant, who decided to obtain her MBA in Health Care Leadership prior to entering the service.  She entered active duty in specialty 62B (Field Surgeon), was assigned in specialty 62B, and was awarded 4 years of constructive credit for her medical degree. 

4.  Based on the evidence of record, the applicant is not entitled to award of additional constructive service credit.  She has not shown error, injustice, or inequity for the relief she now requests.

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 and counsel have 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 to amend the decision of the ABCMR set forth in Docket Number AR20070002211, dated 12 July 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)                                         AR20080009115



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ABCMR Record of Proceedings (cont)                                         AR20080009115



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