BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090015702 


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 that she be granted additional constructive credit for a Masters Degree in Biomedical Science.

2.  The applicant states, in effect, that she believes she should receive 
24 months of constructive credit based on the following facts:  (1) admission to medical school was based on the completion of course work pursued at Barry University (1999-2001) for a Masters degree in Biomedical Science; that additional course work was also submitted at that time for consideration for medical school admission; and that although this degree was not directly required for Medical Corps admission, her personal situation required strong performance in that initial degree for consideration to medical school and thus a Medical Corps appointment; (2) degree course work was completed in the Spring of 2001 prior to matriculation at medical school; final conferment of degree was March 2002; and this degree was therefore not earned concurrently with her primary credential; (3) currently serving as an emergency medicine resident this degree will not reduce the length of training to meet specialty board requirements; however, due to the overlap with a Masters degree in Public Health there are a number of things that have been helpful with this degree which have absolutely contributed to and enhanced performance in her current duty position as well as for future duty positions; among other examples, this is best exemplified by her initiation of research protocols on a new pre-hospital airway 



device; pre-hospital medicine is a new branch of emergency medicine and she believes she is directly contributing to knowledge in this area with her research skills acquired with this degree; emergency medicine is public health and can be the forefront of healthcare and due to additional knowledge obtained through the pursuit of that degree, she has several adjunctive skills and knowledge in addition to research theme including comprehension of ethics and various healthcare delivery systems; she will be at an advantage as a staff officer to hold an administration position sooner than her peers and she will be more effective with policy communication; this has already been evidenced by her actions as a General Medical Officer as well as Battalion Surgeon deployed in Iraq; and 
(4) this error was caused when she first came on to active duty because she was unable to present her official transcript from Barry University (as well as other documents) at the time of inprocessing due to a pregnancy with a final delivery date of 8 July 2005.  After the convalescent leave she went to submit this document for degree constructive credit and she was told all her documents for inprocessing were closed and no further adjustments were going to be made on that level.

3.  The applicant provides a transcript; a Master of Science degree; a statement, dated 5 March 2001, from a healthcare recruiter; four Officer Evaluation Reports; active duty orders; a memorandum, dated 18 April 2001; orders, dated 1 June 2001; and her Officer Record Brief in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 18 April 2001.  

2.  On 18 April 2001, the applicant completed a Department of the Army service agreement to participate in the Armed Forces Health Professions Scholarship Program.

3.  The applicant provided a diploma which shows she obtained a degree of Master of Science with a major in Biomedical Science on 16 March 2002.  

4.  On 19 May 2005, the applicant was appointed as a captain in the USAR, Medical Corps.  She was credited with 4 years of service in an active status, as of the date of her graduation from medical school.  This service is not valid for basic pay and it is not the result of prior military service.

5.  The applicant obtained a Doctor of Osteopathic Medicine on 29 May 2005.  


6.  The applicant was ordered to active duty for five years on 16 June 2005 to fulfill her active Army requirement.  

7.  Orders, dated 6 September 2005, show the applicant's adjusted date of rank for captain is 16 June 2005. 

8.  In support of her claim, the applicant provided a letter, dated 5 March 2001, from a healthcare recruiter at the U.S. Army Medical Detachment 2nd Recruiting Brigade in Miami, Florida.  This letter states, in pertinent part, that "She will graduate in June 2001 with her Master's of Science Degree in Biomedical Sciences." 

9.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of The Surgeon General.  The opinion recommended disapproval of the applicant’s request and indicated that the governing directives in granting constructive credit were paragraph 6.1.2.2.2 of Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) and Army Regulation 135-01 (it appears the correct regulation is 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  In accordance with these directives, no additional credit may be given for more than one advanced degree in a single field or closely-related field and the additional degree must not have been earned concurrently with primary credential.  The opinion states that although the degree was not conferred concurrently with the Doctor of Osteopathy degree, it was conferred after the applicant entered medical school and was pursuing the Doctorate Degree.  In addition, the Master of Science degree is not a prerequisite to being selected for a Residency in Emergency Medicine, and although it may consequentially add expertise in some areas, it is not required and will not allow early completion of the program or early Board Certification.    

10.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 8 January 2010, the applicant responded.  In summary, she stated that her degree in Biomedical Science is research based and geared towards science and administration, whereas her Doctor of Osteopathy is clinical, leading to a license to practice medicine.  These are not similar and do not lead to the same endpoint, whereas another degree, such as Doctor of Medicine, Doctor of Dental Surgery or similar, may culminate with the same type license.




11.  The applicant states that her degree was NOT earned concurrently.  It was earned prior to matriculation at medical school as per her requirements from medical school to prove academic worthiness.  The date of the degree reflects other delays not related to course completion.  She points out that at the time of the Health Professions Scholarship Program scholarship it was not known that she would pursue an Emergency Medicine specialty or even if she would pursue an Army versus civilian program and that her oath is to be an Army officer not an Emergency Medicine doctor.  She states that her specialty decides which positions in the military she may fill, but ultimately, what her assignment will      be depends on the needs of the Army and this is supported by the fact that      the majority of residents completing her program are assigned to operational slots with line units, not in emergency rooms.  This requires many other non- Emergency Medicine skills which therefore position her, with 2 years of additional experience, to augment active duty officer performance as compared with other residents completing a similar Emergency Medicine residency.  Therefore, she is advocating for 2 years of constructive credit with all requirements of the regulation and DOD instruction met.  This degree earned prior to her doctorate will add expertise in any additional areas that she may be assigned in the Army as a commissioned officer.  This additional credit may shift her date of rank allowing the availability of additional Army opportunities to include positions of leadership of which she would be qualified and eager to pursue.  

12.  In support of her rebuttal, the applicant provided a letter, dated 6 January 2010, from the Director, Graduate Biomedical Sciences Program, College of Health Sciences, Barry University.  This letter states that the applicant was enrolled in the Biomedical Sciences program starting fall semester 1999 and she finished all of the requirements for the Master of Sciences degree in Biomedical Sciences in May 2001.  She was awarded the Master of Science degree in Biomedical Sciences on 16 March 2002.

13.  The applicant also provided a letter, dated 8 January 2010, from the Assistant Dean, Student and Administrative Services, Nova Southern University, College of Osteopathic Medicine.  This letter states, in pertinent part, that the applicant matriculated into the school in August 2001 and graduated in May 2005 and that "Before being able to matriculate into our program, Dr. [the applicant's last name] was required to successful complete her Master of Biomedical Science degree from Barry University.  Dr. [the applicant's last name] was successful in the completion of her degree and met her requirements to matriculate into our program." 



14.  DODI 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.  Paragraph 6.1 states, in pertinent part, that a period of time shall be counted only once when computing entry grade credit.

15.  Paragraph 6.1.2 of DODI Number 6000.13 states constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment 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.

16.  Paragraph 6.1.2.2.2 of DODI Number 6000.13 states, in pertinent part, that no additional credit may be given for more than one advanced degree in a single field or closely related field.

17.  Table 3-1 (Constructive Service Credit) of Army Regulation 135-101, dated 15 February 1984, states, in pertinent part, that an additional degree must not have been earned concurrently with primary credential.        

DISCUSSION AND CONCLUSIONS:

The applicant's contention she is entitled to 24 months of constructive credit for completion of her Masters degree in Biomedical Science was carefully considered.  However, per paragraph 6.1.2 of DODI Number 6000.13, a Masters degree was not a prerequisite to the applicant being appointed.  Although it may consequently add expertise in some areas, it is not required and will not allow early completion of the applicant's residency program or early Board Certification.  Regrettably, 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)                                         AR20090015702





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015702



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1