IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100012852 


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 he be granted additional constructive credit for his 2-year Master of Science (Biochemistry) Degree obtained prior to entering military service.

2.  The applicant states that prior to entering medical school and before being commissioned into the United States Army, he completed a 2-year Masters program in chemistry (concentration in biochemistry).  He goes on to state that the graduate curriculum included a strong research component with pertinent research and pending publications that add knowledge and skills relevant to his current position as a resident in Radiology and to his current training.  He further states that he is familiar with previous rulings on similar cases in which constructive credit was awarded for comparable training. 

3.  The applicant provides:
* A one-page explanation of his application
* A letter from the Professor of Chemistry that served as his mentor for his Masters degree in Chemistry
* A copy of his diploma
* A copy of his orders ordering him to active duty in the rank of captain (CPT) effective 12 June 2009
* A copy of his orders promoting him to the rank of CPT with an adjusted date of rank (DOR) of 12 June 2009 
* A copy of a memorandum appointing him as a medical corps CPT with 4 years of constructive service credit
* A copy of his oath of office (DA Form 71) appointing him as a second lieutenant on 28 January 2005
* A copy of his Health Professions Scholarship Program (HPSP) service agreement and
* A copy of his Application for Appointment (DA Form 61)

CONSIDERATION OF EVIDENCE:

1.  The applicant completed his HPSP service agreement on 28 January 2005 in which he agreed to serve 4 years of active duty in return for 4 years of academic scholarship in the HPSP leading to a degree in Osteopathic Medicine.  He was appointed as a United States Army Reserve (USAR) second lieutenant on 
28 January 2005 and he completed his Master of Science (Chemistry) degree on 8 May 2005.

2.  On 8 April 2009, he was appointed as USAR captain (CPT) with 4 years of constructive service credit.  He was also ordered to active duty at Walter Reed Army Medical Center (WRAMC) to complete a residency in Radiology.  His orders specified that his date of rank would be adjusted based on constructive credit of 4 years and that he was not eligible for HPPED (Health Professions Pay Entry Date) credit.

3.  On 2 October 2009, orders were published which established his adjusted date of rank as 12 June 2009.

4.  In the processing of this case a staff advisory opinion was obtained from the Program Manager, Graduate Medical Education Division of the Office of the Surgeon General (OTSG).  Officials at that office opine that the applicant is not entitled to constructive credit for a Master of science Degree in Biochemistry because in accordance with Department of Defense (DoD) Directive 6000.13, constructive 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.  In the applicant’s case, his degree in biochemistry is not a prerequisite for his Doctor of Osteopathic Medicine (DO) degree and his Master degree will not reduce the length of training to meet specialty board requirements.  Accordingly, the recommendation is not to grant additional credit for his Master degree in Biochemistry. 

5.  The advisory opinion was provided to the applicant for comment and he responded to the effect that he found numerous cases that were similar to his and that the Board had grant relief for constructive service credit under the exact same situation he presents.  He goes on to state that in those cases, the individual’s masters degree did not decrease their residencies nor was it a prerequisite for completing their doctoral degrees.  He further states that in two cases the OTSG offered favorable opinions and contends that there appears to be a tremendous amount of inconsistency in regard to who receives constructive service credit.

6.  DoD Directive 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.1.3. provides that commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive credit is awarded, shall be awarded day-to-day credit for service performed.  An officer on active duty or in an active status who completes a program that would qualify for credit under subparagraph 6.1.2.2. in less than the number of years normally required may be given constructive credit by the Secretary of the Military Department concerned.  Constructive 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 category. 

7.  Subparagraph 6.1.2.2 provides that constructive credit shall be awarded as follows:

   a.  4 years of constructive credit shall be granted for completion of first professional degree that include medical (M.D), osteopathy (DO), dental (D.D.S or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D).

   b.  Credit for master’s and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an advanced degree, shall be awarded based on an actual full-time equivalent education of up to 2 years for a master’s degree and up to 4 years for a doctorate.  The total credit allowed for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.

   c.  The additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position in the Military Service concerned.

DISCUSSION AND CONCLUSIONS:

1.  Each case considered by the Board is decided based on the individual merits of the case and the evidence submitted by the applicant as well as the evidence of record.  Accordingly, no attempt will be made to explain to the applicant why some cases were granted relief and other cases were not.

2.  In the applicant’s case he contends that he should be granted additional constructive credit for his master’s degree in biochemistry because it contributes to his present training.

3.  The applicable directive provides that in order to receive additional constructive credit for an advanced degree, the additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position.

4.  The subject matter experts in this case (the OTSG) have opined that the applicant is not entitled to constructive service credit for his master’s degree and there does not appear to be any reason to believe that the office is inconsistent in its recommendations to the Board.

5.  After reviewing all of the evidence and argument in this case, it does not appear on the surface that the applicant’s master’s degree in biochemistry provides sufficient adjunctive skills to his primary specialty to warrant granting him additional constructive service credit. 

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 this 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)                                         AR20100012852





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ABCMR Record of Proceedings (cont)                                         AR20100012852



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