IN THE CASE OF:	  

		BOARD DATE:	        24 FEBRUARY 2009

		DOCKET NUMBER:  AR20080010901 


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, in effect, that he be granted an additional 24 months of constructive credit to his date of rank (DOR) to captain (CPT). 

2.  The applicant essentially states that his Master of Business Administration (MBA) degree in Health Care Leadership represents a significant personal investment of time and finances, and that the purpose of this resource investment was to increase his value as an officer in the Army Medical Department.  He also contends that the specific health care focus of this degree and the fact that an MBA is encouraged as a step in leadership/career advancement justifies appropriate credit. 

3.  The applicant provides a copy of his MBA transcript and diploma, 12 pages of information which provides an overview of the Rockhurst University MBA in Health Care Leadership program and courses, orders, dated 26 July 2002, which reassigned him to the United States Army Reserve (USAR) Control Group (Officer Active Duty Obligor [OADO]) on 17 April 2002, a memorandum, dated 
17 April 2002, which appointed him as a Reserve commissioned officer on that date, a DA Form 71 (Oath of Office – Military Personnel), dated 17 April 2002, a DA Form 71, dated 15 May 2005, pages 1 through 3 of his 4-page USAREC Form 1131 (Department of the Army Service Agreement – F. Edward Hebert Armed Forces Health Professions Scholarship Program [AFHPSP]), his DA Form 61 (Application for Appointment), dated 6 June 2002, and orders, dated 29 March 2005, which ordered him to active duty on 9 June 2005 for a period of 48 months in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was commissioned a Medical Corps CPT in the USAR and was ordered to active duty on 9 June 2005.  His orders to active duty show, in pertinent part, that his DOR was to be adjusted 
4 years in accordance with Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  

2.  The applicant's first three officer evaluation reports essentially show that he completed his internship and residency in general surgery, post-graduate years I, II and III, respectively, between 10 June 2005 and 9 June 2008.

3.  The applicant essentially stated that his MBA degree in Health Care Leadership was not included in the calculation of his active duty DOR, and contends that the specific health care focus of this degree justifies appropriate credit.  However, during the processing of this case, an advisory opinion was obtained from the Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia.  That office essentially stated that Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) [which was incorrectly referred to as DOD Directive 6000.13] is the governing instruction in granting entry grade/constructive credit.  It also stated that paragraph 6.1.1.3 of this instruction provides that constructive credit may only be awarded if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category, and that an MBA degree is not a prerequisite for entering the Medical Corps.  That office further stated that paragraph 6.1.2.2.3 provides 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, and that the applicant's MBA degree does not tangibly add any value to his primary specialty of General Surgery, contribute directly to his performance of skills as a general surgery resident, nor reduce the expected length of training him to meet specialty board requirements.  Further, that office indicated that it appears that the applicant earned his MBA simultaneously with his Doctor of Osteopathy degree, and that in accordance with Army Regulation 135-101, a period of time will only be counted once when computing entry grade credit, and that the applicant was already given 4 years of constructive credit for his doctorate degree.  That office recommended that no additional constructive credit be granted to the applicant.

4.  A copy of this advisory opinion was forwarded to the applicant for his information and possible comment on 3 November 2008.  To date, the applicant has not responded.

5.   Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent part, it states that the grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.  Additional credit may be granted in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable.  For Medical Corps officers, four years of constructive credit will be granted for completion of a doctorate degree and one year credit for each year of additional advanced degrees.

6.  Table 3-1 of Army Regulation 135-101 states that Medical Corps officers will be granted one year for each year credit for additional advanced degrees as listed in Table 3-4.  The degree must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  
Table 3-4 does not list Business Administration as an advanced degree that may qualify for additional constructive credit.

7.  DODI 6000.13, paragraph 6.1.2.2.1 states that 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.).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be granted an additional 24 months of constructive credit to his DOR to CPT. 

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

3.  While it is understandable why the applicant believes he should be awarded additional constructive credit for his MBA degree, this degree does not add adjunctive skills to his specialty as a general surgeon as required by DODI 6000.13, and was earned simultaneously with his doctorate degree, and DODI 6000.13 precludes counting a period of time twice for constructive service credit. In view of the foregoing, there is no basis for granting relief to the applicant 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.

ABCMR Record of Proceedings (cont)                                         AR20080010901



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ABCMR Record of Proceedings (cont)                                         AR20080010901



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