IN THE CASE OF:	  

		BOARD DATE: 	        9 July 2009

		DOCKET NUMBER:  AR20080015660 


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 his 4-year post-graduate degree in chiropractic and his 4 years of chiropractic experience.

2.  The applicant states that he received his doctorate degree in chiropractic on 6 September 1997 and that he accepted a Health Professional Scholarship Program (HPSP) commission as a second lieutenant in the U.S. Army on 24 April 2001.  He states that he graduated from medical school and was commissioned as a captain on 15 May 2005.  He states that he was ordered to active duty on 6 June 2005.  He states that his advanced degree and 4 years of experience in the field of chiropractic add adjunctive skills which directly relate and contribute to the majority of patient care that he provides as a physical medicine and rehabilitation (PM&R) physician at Walter Reed Army Medical Center.  He states that when he accepted his commission on 24 April 2001 he was informed by his recruiter that he should expect to receive constructive credit upon being ordered to active duty.

3.  The applicant states that when he was in-processing on active duty, he was told that a doctorate in chiropractic was not listed in the regulations for constructive credit and, as such, he would not get credit for the experience that he had in chiropractic.  He states that he was discouraged by the information as it was the key factor in his accepting a commission.  He states that he was informed by his chain of command, the PM&R consultant, and other active duty personnel with similar circumstances that he should be receiving constructive credit for his prior doctorate and related experience.  He states that as a PM&R physician, his doctorate degree in chiropractic offers adjunctive skills in the form of manual therapy, manipulation, physical rehabilitation, and musculoskeletal assessment and that his 4-year degree directly relates and contributes to his current knowledge and experience.  He states that he cannot think of a degree that would be more relevant to the service he provides as a PM&R physician.  The applicant goes on to provide details of the services that are requested by most of the military, both active duty and retirees.  He states that one of the reasons for such a constructive credit would be to offset the tremendous financial burden of a prior advanced degree, especially when the degree directly contributes to the service requested of him by the U.S. Army.

4.  The applicant provides a self-authored memorandum, dated 1 September 2008; three memoranda from co-workers at Walter Reed Army Medical Center attesting to his skills and qualifications and supporting his request for constructive service credit; excerpts from Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches); a Kansas City University of Medicine and Biosciences Certificate showing that he earned a Doctor of Osteopathic Medicine Degree, dated 15 May 2005; an AMEDD certificate showing that he successfully completed training in Transitional Year Internship from 1 July 2005 to 30 June 2006; a copy of his Commonwealth of Virginia License to Practice Osteopathy and Surgery, issued 14 June 2007; a copy of his Mississippi State Board of Chiropractic Examiners License showing that he is competent to practice the science, philosophy, and art of chiropractic, dated 9 April 1998; a copy of his Mississippi State Board of Chiropractic Examiners Renewal Certificates; and a copy of his Texas Board of Chiropractic Examiners License.

5.  The applicant also submits a copy of his Parker College of Chiropractic Doctor of Chiropractic certificate, dated 5 September 1997; copies of his Officer Evaluation Reports for the period 1 July 2005 through 30 June 2006 and 1 July 2006 through 30 June 2007; a copy of Orders A-05-590784, dated 9 May 2005; a copy of Orders 135-181, dated 15 May 2006; copies of his Oaths of Office, dated 24 April 2001 and 15 May 2005; a copy of his Department of the Army Service Agreement; a copy of his Certificate of Enrollment for the U.S. Army Health Professions Scholarship Program; a copy of his Statement of Service for Computation of Length of Service for Pay Purposes; a copy of his Officer Record Brief; a copy of his Kansas City University of Medicine and Biosciences transcript; and copies of his Academic Record and Academic Record Supplement.



CONSIDERATION OF EVIDENCE:

1.  On 24 April 2001, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant (O-1).  His Army Service Agreement shows that in accordance with his application to participate in the F. Edward Herbert Armed Forces Health Professions Scholarship Program by authority of chapter 105, Title 10, U.S. Code, he was accepted for admission to or 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.

2.  On 9 May 2005, the applicant was notified that he had been appointed as a Medical Corps United States Army Reserve (USAR) commissioned officer in the rank of captain (O-3) effective on the date of his acceptance with 4 years, 0 months, and 0 days of credited service in an active status as of the date of his graduation.  The notification states that his credited service is based on Department of Defense Pay Manual, paragraph 10102, for Medical and Dental Corps personnel and is not the result of prior military service.  The applicant accepted his appointment on 15 May 2005.

3.  On 9 May 2005, the applicant was ordered to active duty in the rank of captain effective 8 June 2005 to fulfill his active Army requirement of 60 months.  He is currently in an active duty status.

4.  During of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG) Program Manager who recommended that the applicant not be granted any additional credit for his Doctor of Chiropractic degree.  The OTSG Program Manager stated that Department of Defense Instruction (DODI) 6000.13 is the governing directive in granting entry-grade constructive credit and that in accordance with paragraph 6.1.1.3 of DODI 6000.13, constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category.  The OTSG Program Manager stated that the applicant’s chiropractic degree is not a prerequisite for his Doctor of Osteopathy degree and that his Doctor of Chiropractic will not reduce his length of training to meet specialty board requirements.

5.  On 15 October 2008, a copy of the advisory opinion was forwarded to the applicant for his concurrence and/or possible rebuttal.

6.  In electronic mail, dated 26 April 2009, the applicant submitted his rebuttal to the advisory opinion stating that he did not understand how his 4-year chiropractic degree and additional 4 years of experience prior to obtaining a degree in osteopathic medicine does not qualify him for constructive credit as outlined in Army Regulation 135-101, table 3.1.  He states that his degree and his experience are a direct asset to the U.S. Army within his current specialty of PM&R.  He states that he has submitted a letter and supporting documents noting the essential nature of the skills that he has achieved.  He states that he has performed direct Soldier care on a daily basis and that he is frequently called upon to instruct others to allow the same level of care for their patients.  He states that he has only now become aware of DODI 6000.13, paragraph 6.1.1.3, as he has consistently been directed to Army Regulation 135-101 and that the two guidelines are contradictory at best.

7.  In his rebuttal to the advisory opinion he states that it is obvious that he is deserving of this benefit by referencing his previous letters and Army Regulation 135-101.  He states that it should also be noted that he was promised this benefit at the time of his commission by recruitment.  He states that unfortunately, the promise now appears representative of outright deception.  He states that at the time when military retention is such a difficult task, it is frustrating to be denied benefits given to others for less-related prior degrees.  He states that he has been made aware of several preceding cases involving other specialties given credit under the Army Regulation 135-101 guideline and not rejected by the DODI 6000.13.  He states that it would seem that there is some discrimination against the chiropractic doctorate degree, although he sincerely hopes this is not the case.  He concludes by stating that it is his understanding that the Board is a provider advocate and he requests that he be provided the benefits that were promised to him at the time of his commission and are supported by Army Regulation 135-101.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), dated 15 February 1984, table 3-1, states credit for additional advanced degrees (see table 3-4) may be awarded at the rate of 1 year for each year (or school year).  The degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated duty position.  Table 3-4 states an advanced degree in education may qualify for additional constructive credit.

9.  DODI 6000.13 (Medical Manpower and Personnel), paragraph 6.1., dated    30 June 1997, 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.

10.  DODI 6000.13, paragraph 6.1.1.3., states constructive service credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category.

11.  DODI 6000.13, paragraph 6.1.2., states constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment as an officer in a health profession with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.  

12.  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, dental, optometry, podiatry, veterinary, and pharmacy.

13.  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 2 years for a master's 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.

14.  DODI 6000.13, paragraph 6.1.2.2.5, provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.

15.  DODI 6000.13, paragraph 6.1.2.2.6, provides that additional credit in unusual cases based on special education or experience can be granted by the Secretary of a Military Department or designee.  As determined by Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers.  The amount of credit shall be 1 year for each year of special education or experience.  Maximum credit under subparagraph 6.1.2.2.5, above, must be earned before earning any experience credit under this paragraph.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be entitled to be granted constructive service credit for his 4-year post-graduate degree in chiropractic and his 4 years of chiropractic experience, stating they add adjunctive skills and contribute directly to the majority of patient care that he provides as a PM&R physician at Walter Reed Army Medical Center.

2.  His contentions have been noted.  However, in accordance with DODI 6000.13, paragraph 6.1.1.3., constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category.  According to the OTSG Program Manager, the applicant’s chiropractic degree is not a prerequisite for his Doctor of Osteopathy degree and his Doctor of Chiropractic degree will not reduce the length of his training to meet specialty board requirements.

3.  The supporting documents that the applicant submitted have been considered.  However, they do not demonstrate error or injustice in the amount of constructive service credit that he was awarded.

4.  The applicant initially accepted an appointment as a second lieutenant in the USAR Medical Corps on 24 April 2001 and at that time he had already earned his chiropractic doctorate degree.  This degree was considered at the time of his appointment for participation in the F. Edward Herbert Armed Forces Health Professions Scholarship Program.  Once he completed this program and earned his medical degree, he accepted an appointment in the USAR in the rank of captain effective 15 May 2005.  He was awarded 4 years of constructive service credit based on his medical degree and, while he may believe that he should be entitled to more, the available evidence shows otherwise.

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)                                         AR20080015660



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ABCMR Record of Proceedings (cont)                                         AR20080015660



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