IN THE CASE OF:	  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012657 


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 constructive credit for his Masters Degree in Physician Assistant Studies (MPAS).  He requests a correction of his constructive credit to 
6 years, 11 months, and 12 days instead of 5 years, 11 months, and 12 days.

2.  The applicant states he enrolled in the MPAS Program on 1 May 2002, completed the requirements on 30 November 2002 and graduated from the MPAS Program on 1 May 2003.  He states the MPAS program is separate from his Bachelor Degree in Physician Assistant Studies awarded on 17 August 2001.

3.  The applicant provides, in support of his application, copies of his DA Form 71 (Oath of Office - Military Personnel), dated 16 May 2009; his MPAS Degree, dated 10 May 2003; his Bachelor of Science Degree, dated 17 August 2001; transcripts from the Nebraska Medical Center; two sets of orders for active duty; his DA Form 5074-4R (Record of Award of Entry Grade Credit [Medical and Dental Officers]); and his Officer Record Brief (ORB).

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a captain in the Regular Army Medical Corps on 16 May 2009.  He had previously completed 8 years, 10 months, and 
14 days of active service in an enlisted status and 7 years, 8 months, and 3 days in a commissioned status.

2.  On 17 August 2001, the applicant was awarded a Bachelor of Science Degree by the University of Nebraska.
3.  On 10 May 2003, the applicant was awarded an MPAS degree by the University of Nebraska.

4.  On 14 July 2005, the applicant was ordered to active duty in the grade of second lieutenant to report to Uniformed Service University of Health Services, Bethesda, MD on 8 Aug 2005.  

5.  The applicant's DA Form 5074-4R, prepared and approved on 19 February 2009, shows the applicant was awarded a Doctorate in Medicine (MD) on 
16 May 2009 and was awarded 4 years constructive credit.  The form shows his specialty in which he was appointed as "Prelim Radiology (DIAG)."  The form shows he was also awarded 1 year, 11 months, and 12 days of constructive credit for prior service.  The total constructive credit shown on the form is 
5 years, 11 months, and 12 days.

6.  On 8 April 2009, the applicant was ordered to report to Walter Reed Army Medical Center, Washington, DC, on 12 June 2009.  These orders stated he was appointed in the reserve grade of captain effective on the date of entry on active duty and placed on the active duty list in the grade of captain with an adjusted date of rank based on constructive credit of 5 years, 11 months, and 12 days.

7.  In the processing of this case, an advisory opinion, dated 11 August 2009, was provided by the Program Manager, Graduate Medical Education Division, Office of the Surgeon General (OTSG).  OTSG states that paragraph 6.1.2.2.2 of Department of Defense (DOD) Directive 6000.13 (Medical Manpower and Personnel) provides that no additional credit may be given for more than one advanced degree in a single field, or closely related field.  The OTSG states the total credit allowed for having both a masters and a doctorate degree may not exceed the maximum allowed for a doctorate.  

8.  OTSG also states that paragraph 6.1.2.2.3 of DOD Directive 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.  OTSG determined that the applicant's advanced degree in Physician Assistant Studies does not tangibly add any value to his primary specialty (Prelim Radiology [DIAG]).  The OTSG recommended denial of any additional constructive credit to the applicant.

9.  The applicant submitted a rebuttal, dated 8 October 2009, to the OTSG opinion.  He stated that he disagreed with the opinion and felt they were being too conservative in awarding constructive credit and unequal in their decisions.

10.  The applicant stated that his MPAS Degree and 4 years experience as a Physician Assistant is invaluable to the Army Medical Corps regardless what his specialty is.  He states he fails to see the OTSG reasoning that his experience/advance degree isn't tangible to the ultimate mission of the Medical Corps.  He disagrees with the OTSG reasoning and awarding of credit.  He states OTSG gave credit to his friend because in the future he could potentially change or complete another specialty.  

11.  The applicant stated that he doesn't agree with the OTSG reasoning when it comes to awarding constructive credit to some while denying it to others.  

12.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides a list of forms for recording the entry grade credit awarded to Army Medical Department (MEDD) officers upon appointment or assignment.  The DA Form 5074-R is listed among the forms.

13.  Paragraph 6.1.2.2.2 of DOD Directive 6000.13 states that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advance 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.  Paragraph 6.1.2.2.2 also states that no additional credit may be given for more than one advanced degree in a single field, or closely related field and that the total credit allowed for having both a masters and a doctorate degree may not exceed the maximum allowed for a doctorate.  

14.  Paragraph 6.1.2.2.3 of DOD Directive 6000.13 states that an 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.

15.  Table 3-1 (Constructive Service Credit) of Army Regulation 135-101 states a member receives 4 years of constructive credit for a Doctor of Medicine Degree.  Paragraph 4 of Table 3-1 of this regulation states, "Credit for additional advanced degrees (see Table 3-4).  Degree must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Credit is awarded based on full-time equivalent education up to 24 months for a master’s degree or up to 36 months for a doctorate.  Additional degrees must not have been earned concurrently with primary credential."  Table 3-4 lists advanced degrees earned in specialties that may qualify for additional constructive credit.  Physician Assistant Studies is not listed among the degrees for qualifying credit.  Table 3-4 also indicates that other specialties may be approved by the Secretary of the Army or designee (OTSG) on a case-by-case basis.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive an additional 1 year constructive credit for his MPAS.

2.  The applicant contends his MPAS Degree enhances his primary specialty of Prelim Radiology.  However, he has not submitted any evidence to support this contention and it is not readily apparent what adjunctive skills this degree adds to his primary specialty of Prelim Radiology and how it contributes directly to his performance in an anticipated duty position.  

3.  The applicant contends that his friend did receive constructive credit for his advanced degree and that it was not fair for some to receive credit and not others.  In this regard, the approvals or disapprovals of other cases concerning constructive credit have no bearing on whether his request should be approved.  Every case considered by the Board is judged on its own merits.

4.  Paragraph 6.1.2.2.3 of DOD Directive 6000.13 and Table 3-1 of Army Regulation 135-101 are clear in that an advanced degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in anticipated duty position. The listing of advanced degrees for credit in Table 3-4 does not include Physician Assistant Studies.  

5.  The applicant's DA Form 5074-4R shows he was awarded 4 years constructive credit for his MD Degree and 1 year, 11 months, and 12 days for his prior service credit.  Therefore, the total entry grade credit of 5 years, 11 months, and 12 days on his DA Form 5074-4R is correct.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.
  


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)                                         AR20090012657





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ABCMR Record of Proceedings (cont)                                         AR20090012657



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