BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090011180 


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 an additional two years of constructive service credit for his Master's degree in Kinesiology.

2.  The applicant states that according to Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.2.2.2, he is eligible for an additional two years of constructive service credit, as his Master of Science degree in Kinesiology will lend important skills and knowledge as a military physician and it will directly contribute to enhanced care for service members and their families.  He states that he received this graduate degree prior to entry into medical school and being commissioned as an officer in the Army.  He also states that according to prior proceedings there is a precedent for granting additional constructive service credit for time in grade for a graduate degree program in addition to the 4 years of credit for a Doctor of Medicine.

3.  The applicant provides an extract from DODI 6000.13; an e-mail from J---- 
J---- (Army Graduate Medical Education [GME] Program Manager); six Army Board for Correction of Military Records (ABCMR) Records of Proceedings; a Master of Science diploma and thesis abstract from Simon Fraser University; second lieutenant orders and associated DA Form 71 (Oath of Office - Military Personnel); Department of the Army Service Agreement, Uniformed Services University of the Health Sciences (USUHS); Medical Doctor (MD) diploma; Army Assignment Instructions, dated 30 March 2009; two memoranda of support from physicians; and captain orders and associated DA Form 71 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant provides a copy of his Master of Science Diploma from Simon Fraser University, dated September 2001, which does not indicate a field of study for which the degree was awarded, but it was apparently in Kinesiology (the study of human movement).

2.  On 25 July 2005, the applicant completed a Department of the Army service agreement to participate in the Armed Forces USUHS.

3.  The applicant was awarded a Doctor of Medicine degree from USUHS on 16 May 2009.

4.  The applicant's records show he was appointed as a Reserve commissioned officer of the Army Medical Corps in area of concentration 60P (Pediatrician) in the rank of captain with an adjusted date of rank of 16 May 2009.  He was credited with 4 years of constructive service credit 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 experience.

5.  The applicant was ordered to active duty for 3 years on 8 June 2009 to fulfill his active duty Army requirement.  He is currently serving on active duty in the same rank.

6.  The applicant provided memoranda of support from two physicians indicating that while the Office of the Surgeon General (OTSG) stated his Master's degree did not "tangibly add any value to his primary specialty," they felt he should be granted additional constructive service credit because the degree enabled him to more effectively contribute to patient care and thus be a more valuable member of the department.

7.  The applicant provided copies of six ABCMR Records of Proceedings which he referenced as a precedent for awarding additional constructive service credit beyond the 4 years granted for his Doctor of Medicine degree.

8.  In the processing of this case, on 11 August 2009, an advisory opinion was obtained from the OTSG, Program Manager, Graduate Military Education (GME) Division.  The advisory official stated that in accordance with DODI 6000.13, paragraph 6.1.2.2.2, "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."  The OTSG stated that since the applicant received credit for his MD, he cannot receive credit for both a master's degree and a doctorate degree.  The official stated that additionally paragraph 6.1.2.2.3 and Army Regulation 135-101, Table 3-1, state 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 official stated that the applicant's advanced degree in Kinesiology does not tangibly add any value to his primary specialty and further indicated this degree would not allow him to advance in training or obtain specialty board certification ahead of his peers.  Therefore, the advisory official's recommendation was to not grant any additional credit for the applicant's Master's of Science degree in Kinesiology.

9.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 21 October 2009, in his response to the advisory opinion the applicant, in effect, rebutted the information contained in the advisory opinion.

10.  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 in Kinesiology is not listed as a qualifying degree.

11.  DoDI 6000.13, paragraph 6.1.2, provides that constructive service credit may be awarded to a person beginning 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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends there is precedent in the granting of constructive service credit in circumstances such as his, the Board does not establish precedent.  As such, while the cases provided by the applicant may be similar in nature to his case, they have no bearing on whether his request should be approved.  Every case considered by the Board is judged on its own merits.

2.  The applicant contends that his Master's of Science degree in Kinesiology contributes directly to his performance in his current position as a Pediatrician, 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.

3.  While the applicant completed his Master's degree prior to his initial appointment in the Medical Corps, his degree is not listed in Army Regulation 135-101 as a degree warranting additional constructive service credit.

4.  The two memoranda of support signed by physicians are noted.  However, 
the OTSG advisory opinion's professional judgment outweighs that of individual physicians as to what is considered adjunctive skills.  Therefore, the OTSG advisory opinion's recommendation that the applicant not be granted additional constructive service credit is accepted.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20090011180



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ABCMR Record of Proceedings (cont)                                         AR20090011180



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