IN THE CASE OF:	  

		BOARD DATE:           21 July 2009

		DOCKET NUMBER:  AR20090002002 


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 award of 24 months constructive credit for the two years he spent working towards his masters degree based on Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) and Department of Defense (DoD) Directive 6000.13. 

2.  The applicant states that he completed all of the required didactics and research required for a master's degree in cell biology, neurobiology, and anatomy.  He was not awarded the degree because he could not be present to defend his graduate thesis due to officer basic training.  It is his understanding that he would still be awarded constructive credit for the time spent and credits earned in this program, as it is equivalent to a non-thesis directed masters program which also qualified for constructive credit.  It was placed on his Officer Record Brief (ORB) when he entered the Army and he was under the impression he had been given credit.  He was recently informed that he was not.

3.  In support of his application, the applicant provides a copy of his Loyola University Chicago transcript; electronic mail (email) correspondence from the Career Manager, Medical Corps (MC) Branch; and his ORB. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was awarded a Bachelor of Science degree from the University of Notre Dame on 18 May 1997.

2.  The applicant was appointed in the United States Army Reserve (USAR) as a second lieutenant, Medical Service Corps, effective 19 June 2000.  He was ordered to active duty for a period of 4 years with a report date of 7 August 2000.

3.  The applicant was appointed in the Regular Army (RA), MC, as a captain, effective 15 May 2004, with the same date of rank.

4.  On 5 January 2005, the applicant was selected for Army Graduate Medical Education (GME) residency training in urology.  His scheduled completion date is 30 June 2010.

5.  The applicant submits a copy of his Loyola University Chicago transcript,  dated 4 May 2007, that shows he earned a total of 24 cumulative credits from Fall 1998, Spring 1999, Fall 1999, and Spring 2000.

6.  The applicant also submits a copy of email correspondence from the Career Manager, MC Branch, dated 19 January 2009, wherein he was advised that his ORB had been updated.  He was also advised to apply to the Army Board for Correction of Military Records (ABCMR) for constructive credit for his master's degree.  He was further advised to provide all supporting documentation and why he thought he was not correctly provided the appropriate constructive credit upon entry into the military.

7.  The applicant also submits a copy of his ORB that shows he was awarded a Masters Degree in Anatomy from Loyola University Chicago in 2000.  

8.  In an advisory opinion, dated 11 March 2009, the Program Manager, GME Division, Office of The Surgeon General, Falls Church, Virginia, stated that the applicant was requesting constructive credit for a Masters Degree in Anatomy.  The applicant indicated in his statement that he did not actually receive a degree because he could not be present to defend his thesis and his transcript supports that no degree was conferred.  DoD Directive 6000.13 is the governing directive in granting entry grade/constructive credit.  In accordance with this directive, paragraph 6.1.1.3. states 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.  A Masters Degree in Anatomy is not a prerequisite for entering the MC.  Paragraph 6.1.2.2.3. 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.  The applicant is completing a urology residency program and although a degree in anatomy may be beneficial it does not tangibly add any value to his primary specialty of urology, contribute directly 
to performance of skills as a urology resident, nor reduce the expected length of training to meet specialty board requirements.  Additionally, the applicant does not actually hold the degree even though he received credit for completing course work.  Therefore, she recommended the award of additional credit not be granted.

9.  On 24 April 2009, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  However, he did not respond.

10.  Army Regulation 135-101 provides that officers being appointed in the MC 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 3-4 of this regulation specifies that an advanced degree earned in anatomy may qualify for additional constructive credit.  There are no provisions for awarding credit for time spent working towards attaining an advanced degree.

11.  DoD Directive 6000.13, paragraph 6.1.2.2.2. specifies that constructive 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 degree.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to award of 24 months additional constructive credit for the two years he spent working towards his master's degree.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant's contention has been noted; however, the applicant does not actually hold the degree even though he received credit for completing the course work.  The degree must have been awarded to qualify for the additional 
credit.  It is also noted that a Masters Degree in Anatomy is not a prerequisite for entering the MC.  The applicant is completing a urology residency program and while a degree in anatomy may be beneficial, it does not add any adjunctive value to his primary specialty of urology, nor does it contribute directly to the performance of skills.  It also does not reduce the required length of training to meet specialty board requirements.

3.  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)                                         AR20090002002



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ABCMR Record of Proceedings (cont)                                         AR20090002002



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