IN THE CASE OF:
BOARD DATE: 28 April 2009
DOCKET NUMBER: AR20090001057
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 2 years of constructive service credit for completion of his advanced degree in public health.
2. The applicant states that he is entitled to 2 years of additional constructive service credit for completion of his Master of Public Health (MPH) degree. He states that in October 2008, his branch manager suggested that he request additional constructive service credit for his Public Health degree. He contends that these 2 years would have rightfully changed his eligibility for promotion consideration for major.
3. The applicant provides, in support of his application, copies of his Public Health diploma and academic transcript.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the rank of captain as a Medical Corps officer.
2. Memorandum, United States Army Human Resources Command, Alexandria, Virginia, dated 22 March 2004, appointed the applicant as a captain, Medical Corps, with 4 years of constructive service credit, effective on his graduation.
3. On or about 3 June 2004, the applicant was awarded Doctor of Osteopathy (DO) and MPH degrees.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia. The opinion stated, in part, that the applicant had completed the MPH degree simultaneously with his medical degree. Paragraph 6.1.2.2.1, Department of Defense Instruction (DODI) 6000.13, states that "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), etc." The applicant received this service credit. Paragraph 6.1.2.2.2 states, "No additional credit may be given for more than one advanced degree in a single field, or closely related field." The MPH is in a closely related field. Army Regulation 135-101, Table 3-1 (4) states, "Additional degree must not have been earned concurrently with primary credential. No additional credit will be given for more than one degree in a single field." The advisory opinion recommended that no constructive credit should be granted for the MPH degree since it was awarded at the same time as the DO degree.
5. On 4 March 2008, the applicant was advised by letter of this advisory opinion. On 16 March 2008, the applicant responded by letter stating, in effect, that he disagreed with the advisory opinion. He contended that, while both his DO and MPH were both disciplines in the health field, there was no further comparison between them. He stated that public health and osteopathic medicine are vastly different disciplines that have minimum overlap only because they both involve health, but are not closely related. He also argues that the award of his MPH did not have any bearing on his obtaining his DO. They were simply awarded at the same time of graduation. He asks this Board to consider the MPH and DO to be in different disciplines and not in a "single or closely related field."
6. DODI Number 6000.13, Medical Manpower and Personnel, dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.
7. DODI Number 6000.13, paragraph 6.1.2: Constructive Service Credit. This 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.
8. DODI Number 6000.13, paragraph 6.1, states a period of time shall be counted only once when computing entry grade credit.
9. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD). It provides at paragraph 4 of Table 3-1 (Constructive Service Credit) that the additional degree must not have been earned concurrently with the primary credential.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should receive an additional 2 years of constructive service credit for his MPH degree.
2. The requirements as written in both the DODI 6000.13 and Army Regulation 135-101 clearly state that the additional degree must not have been earned concurrently with the primary credential. In this case, the applicant completed his studies for both his DO and MPH degrees at the same time. Accordingly, the applicants advanced degree does not meet the requirements for award of any additional constructive service credit beyond the 4 years already awarded to him.
3. In view of the above, the applicants request should not be granted.
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.
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