IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080010725
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 that he be granted 2 years Constructive Service Credit (CSC) for his Masters Degree instead of 1 year.
2. The applicant states that he has recently learned that many of his peers were granted 2 years of CSC for their Masters Degree.
3. The applicant provides a document showing how his CSC was awarded, his Masters Degree transcript, and excerpts from his military records.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was commissioned and entered active duty on 1 June 1991. He was awarded the areas of concentration (AOC) of aviation combined arms operations and comptroller and he was promoted to captain. He was honorably released from active duty on 15 February 1999.
2. The transcript provided by the applicant shows that he attended classes in his Masters Degree program from the fall 1997 semester to the fall 1998 semester. He was awarded a Masters Degree with a major in foundations of education.
3. The applicant was commissioned as a second lieutenant, Army Reserve on 21 March 2000. He was awarded a Doctorate in Osteopath Medicine in 2004.
4. He was commissioned as a captain, Medical Corps, AOC 62B (Field Surgeon) with 8 years, 10 months, and 7 days CSC on an appointment memorandum dated 30 March 2004.
5. In the document provided by the applicant which shows how his CSC was awarded, he stated that he was awarded 3 years, 10 months, and 7 days active duty credit; 1 year for his Masters Degree; and 4 years for medical school.
6. In the processing of this case an advisory opinion was provided by the Office of The Surgeon General (OTSG). The OTSG stated that the governing regulation for CSC states that credit is awarded based on full-time equivalent education up to 24 months for a Masters Degree. Since the applicant's transcript shows that he earned his Masters Degree in 1 year, he was properly awarded 1 year CSC for his Masters Degree.
7. The applicant was provided a copy of the advisory opinion and responded by stating that while he completed his Masters Degree in 1 year, he did so by overloading his classes and completing the degree early. He believes he should not be penalized for completing the degree early.
8. Department of Defense Instruction (DoDI) 6000.13, Medical manpower and personnel, paragraph 6.1.2.2.2. states 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 up to two years for a Masters 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.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. As stated by the OTSG, CSC for a Masters Degree is awarded based on actual full-time equivalent education up to two years for a Masters Degree in accordance with DoDI 6000.13. Since the applicant completed his Masters Degree in 1 year, he was only entitled to 1 year CSC for that degree. Whether the applicant "overloaded" his classes has no bearing on this limitation.
2. However, Army Regulation 135-101, paragraph 3-1b states that CSC will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. In this case the applicant earned his Masters Degree prior to being awarded his Doctorate in Osteopath Medicine. Also, since the applicant was on active duty when he earned his Masters Degree, he should not have been given CSC for both his active duty and the Masters Degree in accordance with this regulation which states that a period of time would be counted only once when computing entry grade credit. As such, it would appear that he was erroneously awarded any CSC for his Masters Degree.
3. 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.
_______ _ 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) AR20080010725
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ABCMR Record of Proceedings (cont) AR20080010725
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