IN THE CASE OF:	  

		BOARD DATE:	        29 September 2009 

		DOCKET NUMBER:  AR20080019918 


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, reconsideration of his request for award of additional constructive credit and correction to his entry date of rank for captain.

2.  The applicant states, in effect, that he wishes to obtain constructive credit for his advanced graduate degree of Master in Business Administration (MBA) obtained in 2003.  He also states, in effect, that the request was previously denied by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070012482 on 31 January 2008.  He was informed by his supervisors that he should reapply to the ABCMR based on Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.2.2.2, as this should supersede Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) in his application.

3.  In support of his application, the applicant provides a letter of support, copies of his Officer Record Brief, his MBA degree, his board certification memorandum and certification, pages 1 and 4 of DODI 6000.13, pages 19 and 20 of Army Regulation 135-101, and his original ABCMR Record of Proceedings and attachments.

CONSIDERTATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070012482 on 31 January 2008.
2.  The applicant's military records show that he was appointed in the United States Army Reserve (USAR) from the Reserve Officers' Training Corps as a second lieutenant, Medical Services (MS) Corps, effective 29 April 2000.

3.  The applicant enrolled in a Doctor of Osteopathy (DO)/MBA dual program (5 years) on 18 August 2000.

4.  The applicant's records contain a DA Form 61 (Application for Appointment), dated 22 April 2003, that shows he was awarded a Bachelor of Science in Biology on 1 May 2000, would be awarded a Master of Science degree in Health Care Management on 17 May 2003, and a Doctor of Osteopathy (DO) in osteopathic medicine on 6 June 2005.

5.  The applicant was promoted to captain in the USAR effective 1 February 2005.

6.  The applicant was appointed as a captain in the USAR Medical Corps effective 5 June 2005 with 4 years of constructive credit.  He was ordered to active duty and entered active duty effective 8 June 2005 with the same date of rank for captain.

7.  The applicant's records also contain an official copy of his Saint Joseph's University transcript, dated 21 June 2006, that shows he was awarded an MBA degree on 15 May 2003.

8.  A search of the applicant's records on the interactive Personnel Electronic Records Management System did not contain and he did not submit a copy of a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) to show the source of his credit.  It appears the 4 years of credit were based on his basic qualifying degree (DO) after he completed medical school in 2005.

9.  The applicant's board certification memorandum, dated 29 October 2008, shows he was certified in the specialty of internal medicine with the American Board of Internal Medicine on 28 August 2008.

10.  Army Regulation 135-101 provides that officers being appointed in the Medical Corps with a basic qualifying degree, a DO, may be authorized award of up to 4 years of constructive credit.  Individuals appointed in the Medical Corps with 4 years or more, but less than 14 years, will be appointed in the grade of captain.  Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

11.  Army Regulation 135-101 also specifies that officers being appointed in the Medical Corps may be awarded additional credit of 1 year for each year of school for advanced degrees.  The degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated duty position.  Tables 3-3 and 3-4 of this regulation do not recognize an MBA as a degree of discipline authorized additional credit.

12.  DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that 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.  

13.  DODI 6000.13, paragraph 6.1.2, specifies that constructive credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment or assignment 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 serving for the period of time it would take to obtain the additional education.

14.  DODI 6000.13, paragraph 6.1.1.2, specifies that an individual seeking an original appointment as a health professions officer shall be awarded one-half day constructive credit for prior commissioned service not in the professional specialty in which being appointed.

15.  DODI 6000.13, paragraph 6.1.2.1, specifies that 4 years of constructive credit shall be granted for completed of first professional degrees that included medical, osteopathy, dental, optometry, podiatry, veterinary, and pharmacy.

16.  DODI 6000.13, paragraph 6.1.2.2.2, specifies that constructive credit for master's and doctorate degrees in a health profession other than medicine and dentistry (emphasis added), whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate degree.

17.  DODI 6000.13, paragraph 6.1.2.2.3., specifies 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention concerning his MBA has been carefully considered.

2.  In accordance with DODI 6000.13 and Army Regulation 135-101, the applicant's additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the duty position.  There is insufficient evidence to show that his MBA adds sufficient adjunctive value to his specialty of internal medicine.

3.  More importantly, a period of time may be counted only once towards constructive service credit.  The applicant attended a dual DO/MBA program.  Since he was awarded 4 years of constructive service credit for his basic qualifying degree, he cannot be awarded additional credit for an MBA obtained during the same period of service for which he was awarded those 4 years of credit.  

4.  However, it does not appear that the applicant was granted constructive credit for his prior commissioned service in the MS Corps from 29 April 2000 through 17 August 2000 (3 months and 18 days) for which he should have been awarded half credit.  This calculates to 1 month and 24 days credit he should have received, in addition to the 4 years he received, for an adjusted date of rank for captain of 14 April 2005.

5.  In view of the facts in this case, the applicant is entitled to correction of his records to show he was awarded an additional 1 month and 24 days of constructive credit at the time of his appointment in the USAR Medical Corps on 5 June 2005, for a total of 4 years, 1 month, and 24 days constructive credit.  Therefore, the applicant is entitled to an adjusted date of rank for captain of      14 April 2004 and appropriate adjustment to his date of rank for captain on active duty.

6.  Based on the foregoing, it is concluded that the applicant's records should be corrected as recommended below.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20070012482, dated 31 January 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was appointed in the USAR Medical Corps, as a captain, effective 5 June 2005, with 4 years, 1 month, and 24 days constructive credit, and an adjusted date of rank of 14 April 2005, with further adjustment to his date of rank for captain on active duty.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of additional constructive credit his MBA degree.




      ____________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)                                         AR20080019918



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ABCMR Record of Proceedings (cont)                                         AR20080019918



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