IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012001 


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 two years of constructive service credit (CSC) for completion of a master of business administration (MBA) degree.

2.  The applicant states that his MBA is as important as other degrees because he uses management techniques in his daily practice as a staff anesthesiologist. He adds that management decisions include staffing 2 to 3 rooms with resident and other staff.  Additionally, "running the board" requires management of 16 operating rooms as well as management at a remote site.

3.  The applicant provides a copy of his officer record brief, dated 11 August 2008, and a copy of his MBA diploma in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 3 March 2000.

2.  On 15 June 2003, and subsequent to the applicant's completion of a Doctor of Osteopathy (DO) degree at the State University of New York, Albany, New York, he was appointed as a captain (CPT) in the Medical Corps (MC) of the USAR.  He was awarded 4 years of CSC.

3.  The applicant's records show that he completed a three-year Resident in Anesthesiology from 1 July 2003 to 30 June 2007 at the State University of New York, Stony Brook, New York.
4.  On 22 July 2007, the applicant was ordered to active duty as an MC commissioned officer in the rank of CPT.  He subsequently completed the Army Medical Department Officer Basic Course on 23 July 2007.

5.  On 6 November 2007, the U.S. Army Human Resources Command, Alexandria, Virginia, adjusted the applicant's date of rank as a CPT to 22 July 2003 as a result of his 4 years of CSC.

6.  On 31 December 2007, the applicant was awarded an MBA, from the New York Institute of Technology.

7.  An advisory opinion was obtained on 6 October 2008 in the processing of this case.  The Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia, recommended disapproval of the applicant's request for additional CSC.  The Program Manager further stated that paragraph 6.1.2 of the Department of Defense Instruction (DODI) 6000.13 states that CSC may be granted to a person who begins commissioned service after obtaining the additional education and/or training, and that the applicant in this case was awarded an advanced degree after he was commissioned.  Furthermore, paragraph 6.1.2.2.3 of the DODI states that the additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position.  Although an MBA degree is helpful in management positions, it is not a recognized degree for credit in accordance with Table 3-1 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).

8.  The applicant was provided with a copy of this advisory opinion on 7 October 2008.  He disagreed with the advisory opinion and submitted an electronic mail rebuttal on 29 October 2008 in which he stated that he was rather disappointed and that his degree was awarded in December 2007 instead of June 2007 due to his attendance at the Officer Basic Course.  He further questioned an arbitrary policy that grants CSC for selected advanced degrees and recommends the policy be addressed.

9.  DODI 6000.13 (Medical Manpower and Personnel) provides that a prospective health profession officer's entry grade and rank within grade shall be determined by the number of years of entry grade credit awarded on original appointment.  Paragraph 6.1.2.2 states that constructive service credit shall be awarded as follows:

	a.  Paragraph 6.1.2.2.1.  Four years of constructive service credit shall be granted for completion of first professional degrees that include medical (MD), osteopathy (DO), dental (DDS or DMD), optometry (OD), podiatry (PodD or DP), veterinary (DVM), and pharmacy (PhD).

	b.  Paragraph 6.1.2.2.2.  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 of up to two years for a master’s 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 master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.

	c.  Paragraph 6.1.2.2.3.  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.

10.  Army Regulation 135-101 provides policy for the appointment of Reserve commissioned officers for assignment to Army medical branches.  Table 3-1 provides for additional credit for additional advanced degrees.  It states that the degree must add adjunctive skills to the primary specialty and must contribute directly to performance in an anticipated duty position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's strive to seek self-improvement through obtaining an MBA is noted and commended.  However, in this case, the degree was awarded after the applicant was commissioned.  Furthermore, although the applicant may have applied management techniques to his daily practice, the degree conferred did not add adjunctive skills to the primary specialty or contribute directly to performance in his anticipated duty position.

2.  The evidence of record shows the applicant was awarded the proper amount of constructive service credit and was properly appointed as a captain.  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 that requirement.  Therefore, he is not entitled to relief.


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)                                         AR20080012001



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ABCMR Record of Proceedings (cont)                                         AR20080012001



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