IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080010559 


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 reconsideration of the Board's denial of his request to be awarded additional Constructive Service Credit (CSC) for his Doctorate in Philosophy (Ph.D) and that he be given any pay and allowances that this correction will necessitate.

2.  The applicant states that there were factual and legal errors in the processing of his original application.  He adds that the Board’s denial was based on inaccurate information.

3.  The applicant provides a memorandum from counsel in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be given additional CSC for his Ph.D and that he be given any pay and allowances that this correction will necessitate.

2.  Counsel chronicles the applicant’s leave of absence from medical school, describes how he earned his Ph.D during his leave of absence, and contends that since the applicant was on a leave of absence from medical school, his medical school and his Ph.D program did not overlap.  Therefore, he was eligible for CSC for his Ph.D.  



3.  Counsel cites select excerpts from Title 10, U.S. Code, and Department of Defense Instructions (DoDIs).

4.  Counsel then describes how the applicant has applied the skills he learned in his Ph.D program, the positions he has held as a result of his Ph.D program, and his increased value to the Army as a result of his Ph.D program.  Counsel cites a pathology consultant for the Office of The Surgeon General who stated “because his subspecialty is in an emerging area of pathology where few individuals have expertise, his skills are highly marketable in the civilian community and he has been actively recruited by prestigious universities.”

5.  Counsel cites an ABCMR case in which the Board granted full relief to an applicant who had completed a pharmacy degree several years prior to his medical degree even though the OTSG had not stated that the degree provided an adjunctive skill to a field surgeon.  Counsel also cites a case which he believes is similar to the applicant’s case where that applicant was awarded CSC.

6.  Counsel concludes that the evidence clearly shows that the applicant’s Ph.D provided an adjunctive skill, so the award of CSC for the applicant’s Ph.D is mandatory in accordance with the governing DoDI.

7.  Counsel provides documents which he lists in a table of contents.  One of those documents is a request from the applicant, then a second lieutenant, dated 14 June 1996, requesting a leave of absence from medical school to do a year-long Pathology Student Fellowship.  That request was approved by a brigadier general who stated that "I must insist that your [leave of absence] be used in the pursuit of a degree-granting course of study, in this case, a Master's of Science in Pathology, as your letter indicates (emphasis added).

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 AR1999031770, on 5 December 2000.

2.  In its original consideration of the applicant’s case, the Board cited Army Regulation 135-101 which states that additional CSC will not be awarded for professional degrees earned prior to award of the basic qualifying degree.


3.  The applicant's military records show that that while the applicant was attending medical school from the fall of 1993 to 13 June 1999, he took a leave of absence from medical school from 1 July 1996 to June 1998.  He earned a Masters Degree in Physiology on 30 May 1997 and a Ph.D in Physiology on 18 May 1999.  Some of the course credits for those degrees were based on credits transferred from the applicant’s medical school.  He was awarded his M.D. on 13 June 1999.  When the applicant was commissioned in the Medical Corps on 15 June 1999, he was awarded the specialty of pathologist and a secondary specialty of field surgeon.  

4.  DoDI 6000.13, paragraph 6.1.2.2.2. states credit for master's 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 two years for a master's degree and up to four 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.

5.  Army Regulation 135-101 provides the policy and sets forth the procedures for Reserve Appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  Chapter 3 pertains to entry grade credit for Reserve appointment grade determination.  Subparagraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.  The regulation also stated that a period of time would be counted only once when computing entry grade credit.

6.  In the processing of this case, on 18 September 2008, an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that in order to be awarded CSC for advanced degrees 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.  While the degree may have helped the applicant advance in his field of Molecular Pathology, it did not contribute to him completing his residency training or initial Board Certification ahead of his peers.  In addition, an additional degree must not have been earned concurrently with the physician’s primary 





credential (medical school in this case).  In the applicant’s case he completed his Ph.D while he was in medical school.  Also, courses from the first 2 years of medical school were allowed to fulfill requirements for both degrees.  The OTSG recommends disapproval of the applicant’s request.

7.  However, the OTSG stated that the applicant’s new information does have a bearing in his case.  Because the applicant successfully passed the Board Certification exam in Molecular Genetic Pathology without having to undergo a fellowship in Molecular Pathology (which is one year in length), the OTSG recommends that the applicant be granted an additional year of CSC.  The applicant was provided a copy of the advisory opinion.

8.  The applicant responded to the advisory opinion on 10 October 2008 by stating that:

   a.  His pursuit of his Ph.D was an Army requirement, as evidenced by the letter from a brigadier general.
   
   b.  At no time was he concurrently enrolled in medical school and his Ph.D program.  He earned his Ph.D while on a leave of absence from medical school.
   
   c.  The facts do not support the advisory opinion’s contention that his Ph.D did not add adjunctive skills to his primary specialty and contribute directly to the anticipated position in the military service concerned.  The applicant details how his Ph.D shortened the time to his Board Certification in Molecular and Genetic Pathology, and details his accomplishments in the field of Molecular and Genetic Pathology.

9.  The applicant concludes that the denial of additional CSC for his Ph.D has created an inequitable situation for him professionally since several of his colleagues received CSC for their Ph.Ds and, as a result, have been promoted ahead of him.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s university transcripts clearly show that he completed the coursework for his Ph.D when he was on a leave of absence from medical school.  In this regard, CSC is granted for degrees, not college credits.  Therefore, after the applicant enrolled in medical school he could not be credited with CSC for anything else until after he was given his M.D. in accordance with 


DODI 6000.13 (no period of time will be counted more than once).  The applicant's leave of absence from medical school does not affect this prohibition.  It is also noted that the applicant used credits earned in his first 
2 years of medical school for his Ph.D.  In addition, the applicant returned to medical school on or about 30 June 1998 but was not awarded his Ph.D until 18 May 1999.  As such, contrary to the applicant's contention, he was working on both his Ph.D and medical degree simultaneously for 1 year.

2.  In addition, the applicant earned his Ph.D (18 May 1999) prior to his being given his M.D. (13 June 1999).  Therefore, he was not entitled to CSC for his Ph.D in accordance with Army Regulation 135-101, paragraph 3-1b.

3.  Additionally, the OTSG has stated that the applicant’s Ph.D did not contribute to him completing his residency training or initial Board Certification ahead of his peers.  The DoDI states that in order to be awarded addition CSC for advanced degrees, 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.  While the applicant’s Ph.D has undoubtedly advanced the applicant’s career in his subspecialty of Molecular and Genetic Pathology, it did not help him in his anticipated specialties of pathologist and field surgeon.  While many advanced degrees may benefit a Medical Corps officer later in his career, including advanced degrees in finance or administration, the Army limits CSC to those advanced degrees which are adjunctive to the officer's anticipated position upon appointment in the Medical Corps.

4.  The OTSG’s recommendation to grant the applicant an additional year of CSC based on his current utilization of the skills he gained with his Ph.D is noted.  However, the OTSG does not cite any authority for granting the additional year.  To the contrary, the OTSG states that there is no regulatory authority to grant an additional year of CSC to the applicant.  In this regard, notwithstanding the OTSG's recommendation, to grant the applicant an additional year of CSC without that additional CSC being provided for by DoDI and Army Regulation 135-101 would be giving the applicant an advantage not provided to other officers.  

5.  As for the ABCMR cases cited by counsel, the circumstances of those cases are not the same as the circumstances in the applicant's case.  In addition, the Board does not establish precedent.  Every case is considered on its own merit.  




6.  As for the applicant's contention that his Ph.D was an Army requirement, it was only a requirement for him to be approved for a leave of absence from medical school, a leave of absence he requested to attend school for an advanced degree.  It would not have been a requirement for him if the attendance of school to attain an advanced degree was not the reason specified by him for a leave of absence from medical school.

7.  As such, 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 to amend the decision of the ABCMR set forth in Docket Number AR1999031770 dated 5 December 2000.



      _______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)                                         AR20080010559



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ABCMR Record of Proceedings (cont)                                         AR20080010559



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