BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20090017969


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, through a Member of Congress and his Senate Representative, reconsideration of his request for award of constructive service credit (CSC) for his Master of Science degree he earned before signing up for the Armed Forces Health Professions Scholarship Program.

2.  The applicant states that:

	a.  the Office of The Surgeon General (OTSG), Graduate Medical Education (GME) Division unfairly denied him 2 years additional CSC for his master’s degree that would effectively adjust his date of rank (DOR) by 2 years;

	b.  the Army has committed an injustice regarding the amount of CSC he received based on his education level;

	c.  as part of his application for internship and residency, he applied for an additional 2 years CSC based on his master’s degree in Physical Therapy that he earned in 2001;

	d.  additional CSC for advanced degrees (other than medical and dental degrees) has routinely been awarded by the Army for many years;

	e.  both the OTSG and ABCMR denied his requests for CSC based on misreading the current regulations and a blatant attempt to insert additional requirements for CSC that are not found in the regulations or anywhere else;

	f.  he met all of the criteria for CSC as indicated in Title 10, Subtitle E, Part II,
Chapter 1205, because he directly uses his advanced education in physical therapy in his position as a “physical medicine and rehabilitation physician”;

    a. he met the CSC criteria as indicated in DODI 6000.13 because his physical therapy degree adds adjunctive skills to his physician position;

b. he met the criteria for CSC as stated in Army Regulation 135-101 which 
essentially states the same as indicated in subparagraphs f. and g. immediately above and adds that the additional degree must not have been earned concurrently with the primary degree.  He earned his master’s degree in physical therapy in 2001 and his Doctor of Osteopathic Medicine Degree in 2008;

c. the OTSG misread DODI 6000.13 by not considering other paragraphs
that indicate additional credit may be awarded for additional degrees; arbitrarily inserted a requirement that the additional degree in physical therapy did not shorten the length of his residency, a requirement not found anywhere; and completely ignores Title 10, U.S. Code and Army Regulation 135-101 which clearly state additional CSC may be awarded;

d. after appealing to the ABCMR, the ABCMR forwarded his case to the 
OTSG and received their reply stating CSC may only be awarded if the advanced degree is required as a prerequisite for his primary degree;

e. the ABCMR was incorrect in its judgment because the DODI does not 
state an additional degree must be obtained after the primary degree in order to be granted CSC; and 

    f. the ABCMR's decision was contrary to previous decisions made by the ABCMR because his case is identical to two other ABCMR cases wherein CSC was granted other Soldiers who earned their additional degree before the primary degree.

3.  The applicant provides the following documents in support of his application:

* two Self-Authored Statements
* Physical Therapy Diploma
* Doctor of Osteopathic Medicine Diploma
* Permanent Change of Station (PCS) Order
* Electronic mail (E-Mail) documents
* OTSG Letter with his rebuttal
* Original ABCMR Record of Proceedings
* 2 prior ABCMR Records of Proceedings
* 2 Letters of Support
* DA Form 4037 (Officer Record Brief)
* Virginia Commonwealth University Transcript
* U.S. Army Recruiting Command (USAREC) Form 1131 (Department of the Army Service Agreement)  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080020084 on 1 July 2009.

2.  During the original deliberations in this case the evidence of record confirmed the applicant obtained his Masters Degree in Physical Therapy in 2001 and his Doctor of Osteopathy Degree in 2008.  Accordingly, the Board denied the applicant’s request for 2 years additional CSC based on the regulatory criteria which states officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.

3.  The applicant was appointed as a Reserve commissioned officer in the United States Army Reserve (USAR), unassigned, in the rank of second lieutenant (2LT) on 9 September 2004.

4.  On 23 May 2008, the applicant obtained his Doctor of Osteopathic Medicine degree.

5.  United States Army Human Resources Command, St. Louis, Memorandum dated 5 April 2008, shows that the applicant was reappointed as a Reserve commissioned officer in the rank of captain (CPT) in the Medical Corps and ordered to active duty for 4 years.  It also shows he was granted 4 years CSC at that time (as of the date of graduation).

6.  On 11 June 2008, the applicant entered active duty in the rank of CPT with a date of rank of 11 June 2008.

7.  The applicant provides a letter of support from a Judge Advocate General (JAG) officer in the rank of major (MAJ) who supports his claim for CSC.  The JAG officer indicates the applicant’s position that the regulatory provision that states officers will be granted CSC for periods of professional training and experience after receipt of qualifying degree is not found in DODI 6000.13.  She further supports the applicant’s assertion that the ABCMR is in direct contradiction of its previous decisions with very similar facts.
8.  The applicant provides a letter from the Chief, Integrated Departments of Orthopedics and Rehabilitation, Walter Reed Army Medical Center (WRAMC).  In it, the Chief affirms that the applicant’s Master’s Degree in Physical Therapy adds adjunctive skills to his primary specialty in accordance with Army Regulation and DODI requirements.

9.  DODI 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.

10.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive service credit.  It states that this credit provides a person who begins 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.

11.  Paragraph 6.1.2.2.2. of the same DODI 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 degree, shall be awarded based on actual full-time equivalent education up to two years for a master’s degree and up to four years for a doctorate.  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.

12.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers 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).  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  Table 3-1 states that credit for advanced degrees may be awarded at the rate of 1 year for each year (school year).  The degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated duty position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to 2 years additional CSC based on his Master’s Degree in Physical Therapy was carefully considered and found to have merit.

2.  Notwithstanding the ABCMR's original decision, the applicant appears to be entitled to constructive service for his advanced Master’s Degree in Physical Therapy under the provisions of Paragraph 6.1.2.2.2 of DODI 6000.13, which authorizes constructive service credit for advanced degrees in a health profession other than medicine and dentistry, based on actual full-time equivalent education, up to two years for a master’s degree and up to four years for a doctorate, if the additional degree adds adjunctive skills to the primary specialty and contributes directly to performance in the anticipated position in the military service concerned.

3.  The evidence of record contains a letter from the Chief, Integrated Department of Orthopedics and Rehabilitation, WRAMC, which confirms the degree in question adds adjunct skills to the applicant’s profession.  This coupled with the applicant's statements confirming he uses this education in his day-to-day practice as a physical therapist, confirms the applicant's entitlement to constructive credit for this advanced degree.  Therefore, it would be appropriate to correct his record to show he was granted an additional 2 years of constructive service credit at the time of his appointment and to adjust his CPT date of rank accordingly.

BOARD VOTE:

____x_  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080020084, dated 1 July 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding the applicant an additional two years constructive service credit
for his Master’s Degree in Physical Therapy, for a total award of 6 years of constructive service credit as opposed to the 4 years he was awarded at the time of his 11 June 2008 appointment; and
      
b. showing that upon his 11 June 2008 reappointment in the United States
Army Reserve, his entry grade of captain date of rank was established as 11 June 2006.




      _______ _   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)                                         AR20090017969





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ABCMR Record of Proceedings (cont)                                         AR20090017969



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