IN THE CASE OF:	  

		BOARD DATE:	        23 DECEMBER 2008

		DOCKET NUMBER:  AR20080010156 


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 her Master of Public Health Degree.

2.  The applicant states that her Master of Public Health Degree is pertinent to her role as a physician, particularly in internal medicine.  She states that the experience that she gained in interpretation of scientific literature, research methods, and evaluation of epidemiologic data to include outbreak investigation (relevant both to internal medicine and to the military setting) is useful on a daily basis in her practice as a military physician.  She states that she gained experience in the theories and practice of preventive medicine and as a result, this degree should be included on her permanent military record and be counted toward years of military service as constructive service credit.

3.  The applicant provides in support of her application a copy of her Tufts University School of Medical Transcript and a copy of her Tufts University School of Medicine Master of Public Health Degree.

CONSIDERATION OF EVIDENCE:

1.  On 16 November 2000, the applicant completed an Application for Appointment as a United States Army Reserve commissioned officer.  At the time that she submitted her application she was attending Brandeis University and she was in the process of obtaining her bachelor degree in neuroscience/biology.  She had a projected graduation date of 20 May 2001.

2.  On 17 December 2000, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant (O-1).  The service agreement that she completed on 25 January 2001 shows she certified that she had been accepted for admission to or was enrolled in an accredited institution located in the United States or Puerto Rico in a graduate course of study in medicine, osteopathy, or other health profession designated by The Surgeon General of the Army leading to a degree in medicine.

3.  On 6 May 2005, the applicant was informed that she was appointed as a Reserve commissioned officer in the Medical Corps in the rank of captain (O-3) upon her acceptance.  The memorandum that was prepared by the United States Army Human Resources Command (AHRC), Chief, Appointments, shows that she was credited with 04 years, 00 months, and 00 days of service in an active status as of the date of her graduation.  The AHRC memorandum shows that she accepted her appointment on 22 May 2005.

4.  The Tufts University School of Medicine Transcript that the applicant submitted in support of her application shows that she graduated with a Doctor of Medicine Degree and a Master of Public Health Degree on 22 May 2005.

5.  Orders were published by AHRC on 6 May 2005 ordering the applicant to active duty in the rank of captain with an effective date of 8 June 2005.

6.  During the processing of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG), Chief, Graduate Medical Education Division, who stated that Department of Defense (DOD) policy under DOD Instruction (DODI) 6000.13 is the governing directive in granting constructive service credit.  She stated that in accordance with paragraph 6.1.2.2.2 of this directive, no additional credit may be given for more than one advanced degree in a single field or closely related field.  The OTSG, Chief, Graduate Medical Education Division, stated that the applicant's Master of Public Health Degree was conferred simultaneously with her Medical Degree and she recommended that no additional credit be granted to the applicant.

7.  On 8 September 2008, a copy of the advisory opinion was furnished to the applicant for her information and possible rebuttal.  To date, there has been no response from the applicant regarding the advisory opinion.

8.  DODI 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states 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.

9.  DODI 6000.13, paragraph 6.1.2.2.1, states 4 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.  DODI 6000.13, paragraph 6.1.2.2.2, states credit for master 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 up to 2 years for a master degree and up to 4 years for a doctorate.  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.  After a complete review of the available records, it appears that the applicant is not eligible for the additional constructive service credit requested.

2.  Her contentions have been noted.  However, her records show that on 6 May 2005 she was informed that she was appointed as a Reserve commissioned officer in the Medical Corps in the rank of captain (O-3) upon her acceptance.  The memorandum that was prepared by AHRC, Chief, Appointments, shows that she was credited with 04 years, 00 months, and 00 days of service in an active status as of the date of her graduation.

3.  As stated by the OTSG, Chief, Graduate Medical Education Division, the applicant's Master of Public Health Degree was conferred simultaneously with her Medical Degree and in accordance with DODI 6000.13 a period of time shall be counted only once when computing entry grade credit.  Therefore, the maximum amount of service credit to which she is entitled is 4 years for her degree in medicine.

4.  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 has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.


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.

ABCMR Record of Proceedings (cont)                                         AR20080010156



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ABCMR Record of Proceedings (cont)                                         AR20080010156



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