IN THE CASE OF:	  

		BOARD DATE: 	        1 July 2009

		DOCKET NUMBER:  AR20080020084 


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 constructive service credit for a Master of Science degree he earned before signing up for the Armed Forces Health Professions Scholarship Program.  

2.  The applicant states, in effect, that he is a recent graduate of medical school, that he previously completed a Masters degree in Physical Therapy, and that he subsequently served as a physical therapist from 2001-2004.  He contends that during medical school he continued to work part-time as a physical therapist from 2005-2008.  He indicates that as part of his application for internship/residency he applied for two years of constructive credit for completion of his Masters degree; however, his request was denied.  He points out that regulations state that credit for up to 2 years may be given for a Masters degree and the degree must add adjunctive skills to the physician's primary specialty, that for at least two decades physicians have been awarded constructive credit for Masters and PhD degrees, and that in 2008 the Army Graduate Medical Education Office arbitrarily decided to suspend awarding such credit without any change in law.  He indicates that it has come to his attention that applications for constructive credit have been denied across the board for all applicants who entered internship in July 2008 except for those who hold the Masters degree in Public Health.  He believes that he meets the requirements according to Congressional legislation and Army regulations to be awarded two years of constructive credit for his Masters degree in Physical Therapy.   

3.  The applicant cites several guidelines (Title 10, U.S. Code, chapter 12; paragraphs 6.1.2.2.2. and 6.1.2.2.3. of Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel); and Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) regarding constructive credit.  He states that based on these guidelines he believes that he met the criteria for two additional years of constructive credit for his Masters degree in Physical Therapy and that this degree will directly enhance his knowledge, skill, and ability to serve as a Physical Medicine and Rehabilitation physician.  He contends that he was informed the reason his request for additional constructive credit was denied was because his Masters degree does not allow him to shorten the length of his residency.  He argues that this is not a criterion for awarding constructive credit according to the above cited guidelines and constructive credit should not be denied on this basis.

4.  The applicant provides a diploma for a Master of Science degree; a DA Form 71 (Oath of Office – Military Personnel); orders; memoranda; excerpts from Army Regulation 135-101, DODI 6000.13, and Title 10; orders; a USAREC Form 1131 (Department of the Army Service Agreement/F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP); transcripts; an Officer Record Brief; and an email in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant obtained his Master of Science degree in Physical Therapy on 19 May 2001.  

2.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 9 September 2004.   

3.  On 9 September 2004, the applicant completed a Department of the Army service agreement to participate in the AFHPSP.

4.  On 5 April 2008, the applicant was appointed as a captain in the USAR, Medical Corps, with a date of rank of 5 April 2008.  He was credited with 4 years of service in an active status, as of the date of his graduation from medical school.  This service is not valid for basic pay, and it is not the result of prior military service.

5.  On an unknown date in 2008, the applicant was awarded a Doctor of Osteopathy degree. 

6.  The applicant was ordered to active duty for four years on 11 June 2008 to fulfill his active Army requirement.  His orders show he received 4 years of constructive credit.
7.  In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of The Surgeon General.  The opinion points out that DODI 6000.13 is the governing directive in granting entry grade/constructive credit and that in accordance with 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.  The applicant's degree in Physical Therapy is not a prerequisite for his Doctor of Osteopathy degree.  The Masters Degree will not reduce the length of training to meet specialty board requirements.  Therefore, that office recommends not to grant any additional credit for the applicant's Masters Degree in Physical Therapy.

8.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments and/or a rebuttal.  On 5 May 2009, the applicant responded with a rebuttal.  In summary, he states that the advisory opinion incorrectly interprets and uses only one portion of DODI 6000.13 to support their argument.  He points out that the advisory opinion argues that his Masters degree does not shorten the length of his residency and recommends that he not be granted additional constructive credit.  He states that DODI 6000.13 is not the only document governing constructive credit and that Title 10, U.S. Code, chapter 12 and Army Regulation 135-101 pertain to constructive credit as well.

9.  The applicant states that all three directives state that constructive credit may be granted for additional advanced degrees, especially if the advanced degree adds adjunctive skills to the primary specialty or contributes directly to the performance in the anticipated duty position.  He indicates that he will be completing a residency in Physical Medicine and Rehabilitation at Walter Reed Army Medical Center and will serve as a Physical Medicine and Rehabilitation physician in the Army during his utilization tour.  He further states that his Masters degree in Physical Therapy and his experience as a physical therapist in spinal cord injury rehabilitation in the Department of Veterans Affairs system will contribute directly to his performance as a physician in Physical Medicine and Rehabilitation.  He also cited two cases where additional constructive service credit was granted by the Army Board for Correction of Military Records for individuals with Masters degrees in Biomedical Sciences and Public Health.   

10.  Title 10, U.S. Code, section 12207(b)(1)(A) and (B) state, in pertinent part, that a person who is receiving an original appointment as a Reserve commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps, or a designation in, or an assignment to, an officer category in which advanced education or training is required and who has 
advanced education or training shall be credited with one year for each year of advanced education beyond the baccalaureate degree level, for persons appointed or designated in, or assigned to, officer categories requiring such advanced education or an advanced degree as a prerequisite for such appointment; credit for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level which exceeds the basic education criteria for such appointment; and credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the armed force concerned.  

11.  Army Regulation 135-101 prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve in the six branches of the Army Medical Department (AMEDD).  Paragraph 3-1(b) of this regulation provides that officers will be granted constructive service credit for periods of professional training and experience accrued after receipt of the basic qualifying degree.  The constructive service credit is awarded based on an officer’s effective date of appointment.

12.  Army Regulation 135-101 also specifies that officers being appointed in the Medical Corps with a basic qualifying degree of Doctor of Medicine may be awarded 4 years constructive service credit.  One-year credit for each school year may be awarded for additional advanced degrees.  The degree must add adjunctive skills to primary specialty and must contribute directly to the performance in anticipated duty position.

13.  Table 3-4 (Credit for Additional Advanced Degrees) of Army Regulation
135-101 states that an advanced degree earned in Physical Therapy may qualify for additional constructive credit.  However, not for Medical Corps and Dental Corps unless approved by the Secretary of the Army or designee on a case-by-case basis.

14.  Paragraph 6.1.1.3. of DODI 6000.13 states, in pertinent part, that 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.  

15.  Paragraph 6.1.2. of DODI 6000.13 states that constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, 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 serve for the period of time it would take to obtain the additional education.     
16.  Paragraph 6.1.2.2.2. of DODI 6000.13 provides that: "Credit for Masters 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 Masters 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."

17.  Paragraph 6.1.2.2.3. of DODI 6000.13 states 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.

DISCUSSION AND CONCLUSIONS:

The applicant's contentions that he is entitled to 2 years of constructive credit for completion of his Masters degree in Physical Therapy and that this degree adds adjunctive skills to his primary specialty were carefully considered.  However, notwithstanding whether or not the applicant's Masters degree adds adjunctive skills to his primary specialty, the governing regulation states that officers will be granted constructive service credit for periods of professional training and experience accrued after receipt of the basic qualifying degree.  Evidence of record shows the applicant obtained his Masters degree in Physical Therapy in 2001 and he was awarded a Doctor of Osteopathy degree in 2008.  Therefore, 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)                                         AR20080020084



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ABCMR Record of Proceedings (cont)                                         AR20080020084



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