IN THE CASE OF:
BOARD DATE: 28 April 2009
DOCKET NUMBER: AR20080019997
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, award of additional constructive credit and correction to his entry date of rank for captain.
2. The applicant states, in effect, that he should have been awarded an additional 2 years of credit for his Master's degree in accordance with Department of Defense (DoD) Instruction 6000.13 (Medical Manpower and Personnel), paragraph 6.1.2.2.2. He also states he completed his master's degree before his entry date. This degree was most likely overlooked at that time.
3. In support of his application, the applicant provides an official copy of his Drexel University transcript and a copy of his Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame
provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant military records show that he was appointed in the U.S. Army Reserve (USAR) as a second lieutenant, effective 28 February 2002.
3. The applicant submitted an official copy of his Drexel University transcript, dated 31 August 2006, that shows he was awarded a Master of Medical Science degree on 14 May 2002.
4. The applicant was appointed in the USAR, Medical Corps, as a captain, effective 3 June 2006, with 4 years of constructive credit. It appears the 4 years credit was based on his basic qualifying degree.
5. A search of the applicant's records on the interactive Personnel Electronic Records Management System (iPERMS) 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.
6. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), provides that officers being appointed in the Medical Corps with a basic qualifying degree 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.
7. Army Regulation 135-101 also specifies that officers being appointed in the Medical Corps may be awarded additional credit of one year for each year of school for advanced degrees. The degree must add adjunctive skills to 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 a Master of Medical Science as a degree of discipline authorized additional credit.
8. DoD Instruction 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, 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 degree.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to award of additional constructive credit and an adjustment to his entry date of rank for captain. He has not shown error, injustice, or inequity for the relief he now requests.
2. The applicant's contention has been noted; however, as an individual appointed in the Medical Corps, he was only entitled to award of 4 years constructive credit for his basic qualifying degree. This awarded 4 years credit led to his being commissioned in the grade of captain.
3. In accordance with regulatory guidance, there are no provisions for award of additional credit for a Master of Medical Science. In accordance with DODI 6000.13, the degree must be in a health profession other than medicine and dentistry. The applicant's degree was in Medical Science. Therefore, he was awarded and appointed with the correct amount of credit and date of rank for captain.
4. 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) AR20080019997
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