IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080009306
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 correction of his records to show he was granted 2 years of additional constructive service credit (CSC) for completion of a Masters degree in Biochemistry.
2. The applicant states that he received his Masters degree during his first year of medical school at the Uniformed Services University of the Health Sciences (USUHS). He adds that he completed his thesis a month before matriculating and that at the time he received his degree, he was informed that all he had to do was to submit his information to the Human Resources Command (HRC) to have his Officer Records Brief (ORB) reflect the degree. However, when he received his orders on 9 April 2008, as he was nearing graduation, he was only granted 4 years of constructive for completion of his medical doctor (MD) degree. He then contacted the student affairs office and was told to fax a copy of his degree to the Graduate Medical Education (GME) Division of the Office of the Surgeon General (OTSG). However, despite doing that, he was not granted the additional 2 years of CSC.
3. The applicant provided the following additional documentary evidence in support of his request:
a. ORB, dated 27 May 2008.
b. Orders 100-57, dated 9 April 2008, issued by Headquarters, Walter Reed Army Medical Center, Washington, DC.
c. Copy of Army Regulation (AR) 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), dated 15 February 1984.
d. Undergraduate academic transcripts, University of California, Los Angeles, California, dated 6 August 208.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he attended the University of California, Los Angeles, California, from June 1998 to June 2002 and was awarded a Bachelor of Science in Microbiology and Molecular Genetics on 14 June 2002.
2. On 18 June 2004, the applicant submitted an application for appointment as a commissioned officer in the Medical Services (MS) Corps of the U.S. Army Reserve. In conjunction with this application, he also volunteered to enter active duty for an indefinite period.
3. The applicant's records also show that he was appointed as a second lieutenant in the MS Corps of the USAR on 13 July 2004 and executed an oath of office on 19 July 2004. He was subsequently ordered to active duty as an obligated volunteer officer for a period of 4 years and was assigned to the Uniformed Services University of the Health Sciences (USUHS), Bethesda, Maryland, effective 24 July 2004.
4. On 17 September 2004, the Los Angeles Division of the University of California conferred upon the applicant the degree of Master of Science in Biochemistry and Molecular Biology.
5. The applicants records show he attended the USUHS at Bethesda, Maryland, as a student from July 2004 to June 2008.
6. On 9 April 2008, Headquarters, Walter Reed Army Medical Center, Washington, DC, published Orders 100-57 reassigning the applicant from the USUHS Student Detachment to Tripler Army Medical Center, Hawaii, for the purpose of active duty commitment which includes 4 years of incurred obligation and one year of first year of GME program in Radiology, beginning on 4 June 2008 and ending on 30 June 2013.
7. On 21 April 2008, the Chief of the GME Division, OTSG, completed a DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)). This form shows the applicant was awarded 4 years of CSC for his MD degree and that this CSC qualified him to enter active duty as a captain.
8. On 17 May 2008, the applicant was appointed in the MS of the USAR for an indefinite term. He was credited with 4 years of CSC.
9. In an advisory opinion obtained on 30 September 2008 in the processing of this case, the Chief, GME Division, OTSG, recommends that no additional credit be awarded for the Masters degree and stated that in accordance with DOD guidance, the additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position in the military service concerned. As a trainee in the specialty of radiology, the applicants advanced degree in Biochemistry and Molecular Biology does not tangibly add any value to his primary specialty in Radiology, contribute directly to the performance of skills as a radiology resident, nor reduce the expected length of training to meet specialty requirements. Additionally, the DOD directive also states that 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 masters and a doctorate degree may not exceed the maximum allowed for a doctorate. The applicant was awarded 4 years of CSC for his MD degree. Furthermore, in accordance with AR 135-101, paragraph 3-1, a period of time will be counted only once when computing entry grade credit. Table 3-1, paragraph 4, states that additional degree must not have been earned concurrently with primary credential; the applicants degree was awarded while he was attending Medical School.
10. On 30 September 2008, the applicant was furnished with a copy of the advisory opinion; however, he did not respond. He was contacted again by email on 28 October 2008; but, as of 9 December 2008, he had not responded.
11. AR 135-101 prescribes policy, procedures and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of the Army Medical Department (AMEDD). Paragraph 4, Table 3-1 of this regulation, states that additional credit for additional advanced degrees may be granted on a year for each year (or school year) limited by the level of degree. The degree must add adjunctive skills to the primary specialty and must contribute directly to performance in anticipated duty position. Credit is awarded based on full time equivalent education up to 24 months for a masters degree or up to 36 months for a doctorate. An additional degree must not have been earned concurrently with primary credential. A credential includes time spent in attainment of a lower degree. No additional credit will be given for more than one degree in a single field.
12. 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. Paragraph 6.1. of the DODI states that a prospective health professions officers entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer. The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service (as outlined in the DODI) credit except in cases where the total exceeds the maximum credit allowed. A period of time shall be counted only once when computing entry grade credit.
13. Paragraph 6.1.2.2.2. of DODI 6000.13 states that credit for masters and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to two years for a masters degree and up to four 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 allowed for having both a masters and a doctorate degree may not exceed the maximum allowed for a doctorate. Furthermore, paragraph 6.1.2.2.3 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to an additional two years of CSC for completion of a Masters degree.
2. The applicant provided insufficient evidence to show how his Master of Science degree in biochemistry and molecular biology tangibly adds value to his primary specialty as a radiologist. By law, the additional degree must add adjunctive skills to the primary specialty.
3. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy this requirement. Therefore, there is insufficient evidence to grant him the requested relief in this case.
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.
XXX
_______ _ _______ ___
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.
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