IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090005166 


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 correction of his records to show constructive credit for his Master's of Science degree in Physician Assistant Studies.  He also requests an adjusted date of rank (DOR) to captain based on that correction. 

2.  The applicant states he earned his Master's of Science degree in Physician Assistant Studies before starting medical school.  He states that his degree in Physician Assistant Studies was earned as part of a full-time program which was 25 months in length.  He references Department of Defense Instructions (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.2.2.3, stating this degree and the experience gained while earning it contribute directly to his performance in his current position.  He states the classes that lead to this degree and the clinical training were invaluable to him during medical school and made him a better doctor.

3.  The applicant provides no additional documentary evidence in support of this application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  In a memorandum from the Chief, Appointments, U.S. Army Reserve (USAR) Personnel Command, St. Louis, MO, dated 9 May 2005, the applicant was appointed in the rank of captain (CPT), USAR, Medical Corps, effective upon his acceptance.  This letter indicated that he was credited with 4 years of constructive credit, none of which was the result of any prior military service.

3.  The applicant was commissioned as a CPT and he entered active duty on 14 June 2005.  He is currently serving on active duty in the same rank.

4.  In the processing of this case, on 13 May 2009 an advisory opinion was obtained from the Office of the Surgeon General, Program Manager, Graduate Medical Education Division.  The advisory official stated that the applicant's degree in Physician Assistant Studies is not a prerequisite for his Doctor of Osteopathy Degree.  The advisory official continued by stating that the Master's Degree he earned would not reduce the length of training to meet specialty board requirements.  Therefore, the advisory official's recommendation was to not grant any additional credit for the applicant's Master's of Science degree in Physician Assistant Studies. 

5.  On 31 July 2009, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  No response was received within the allotted time frame.

6.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officer 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).  This regulation provides for the granting of constructive service credit for certain qualifying degrees.  A degree as a Physician's Assistant is not listed as a qualifying degree.  Chapter 3 pertains to entry grade credit for Reserve appointment grade determination.  Subparagraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.

7.  DoDI 6000.13, dated 30 June 1997, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his Master's of Science degree in Physician Assistant Studies contributes directly to his performance in his current position, as required for the award of constructive credit for an additional degree  by adding adjunctive skills to the primary specialty and contributing directly to performance in the anticipated position in the Military Service concerned.

2.  However, the applicant's degree in Physician Assistant Studies is not a prerequisite for his Doctor of Osteopathy Degree.  A degree as a Physician's Assistant is not listed in Army Regulation 135-101 as a qualifying degree for award of additional constructive credit.  Additionally, constructive service credit will be granted only for periods of professional training and experience accrued after receipt of the basic qualifying degree.  As such, there is no basis to award him additional service credit.  Since there is no basis for correction of his service credit, there is no basis to adjust his date of rank.

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)                                         AR20090005166



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ABCMR Record of Proceedings (cont)                                         AR20090005166


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