IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100017633 


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 he was granted
3 years of constructive credit upon entry in the U.S. Army.

2.  The applicant states that under the provisions of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Medical Department Branches), chapter 3, Medical Corps officers are to receive 2 years of constructive credit for earning a master's degree in public health and 1/2 year credit for every 1 year of professional experience prior to commissioning.

   a.  He states he earned a Master's in Public Health (MPH) Degree from Emory University in 2000 and he worked as an epidemiologist at the Centers for Disease Control and Prevention (CDC) from 2000 to 2002.

   b.  He states his 2 years of graduate-level public health training and 2 years of professional experience allowed him to excel in a lieutenant colonel (LTC) brigade surgeon position in Iraq.  Constructive credit for this training and experience should be reflected in his date of rank (DOR) for captain (CPT).

3.  The applicant provides copies of his DA Form 4037 (Officer Record Brief (ORB)), diploma and transcripts, two certificates from the CDC, and a Distinguished Service Award from the Secretary of Health and Human Services in support of his application.


CONSIDERATION OF EVIDENCE:

1.  A DA Form 160 (Application for Active Duty), dated 14 June 2002, shows in:

	a.  item 21 (Civilian Education) the applicant earned a:

* Bachelor of Arts Degree in Biology from Bennington College, VT on
5 June 1998
* MPH Degree in the Science of Epidemiology from Emory University, GA, on 14 May 2000

	b.  item 40 (Main Civilian Employment) that he was employed as a Fellow at the CDC, Atlanta, GA, from August 2000 to June 2002.

2.  U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated
27 June 2002, appointed the applicant as a Reserve commissioned officer in the Medical Service Corps (MSC) in the rank of second lieutenant (2LT) effective upon his acceptance and execution of an oath of office.

3.  The applicant's military personnel records do not contain a DA Form 71 (Oath of Office).

4.  U.S. Total Army Personnel Command, St. Louis, Orders A-06-293127, dated 27 June 2002, ordered the applicant to active duty in the rank of 2LT for a period of 4 years on 29 July 2002.  The applicant was assigned to the Uniformed Services University of Health Services, Bethesda, MD.  The orders do not show the applicant was awarded any constructive credit.

5.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Medical Student - Fourth Year course (i.e., final year of medical school) at the Uniformed Services University of Health Services on
20 May 2006.

6.  U.S. Army Human Resources Command, Alexandria, VA, Order Number
219-004, dated 7 August 2006, appointed the applicant in the rank of CPT in the Regular Army (RA) with an Active DOR (ADOR) of 20 May 2006.

7.  The applicant's DA Form 67-9 (Officer Evaluation Report [OER]) for the period 2 June 2009 through 25 January 2010 shows his principal duty title was brigade surgeon, 10th Sustainment Brigade (Iraq), and that he performed duties normally reserved for an LTC.  The applicant's rater evaluated his performance and potential as "Outstanding Performance, Must Promote" and the senior rater evaluated his promotion potential to the next higher grade as "Best Qualified."
8.  The applicant provides the following documents:

   a.  His DA Form 4037, dated 10 June 2010, that shows he:

* was promoted to CPT with an ADOR of 20 May 2006
* served as Brigade Surgeon (Forward), Sustainment Brigade, Camp Taji, Iraq, from 18 November 2008 through 18 October 2009
* is currently serving as the Flight Surgeon assigned to Headquarters and Headquarters Service Company, 224th Military Intelligence Battalion, Hunter Army Air Field, GA

   b.  Rollins School of Public Health of Emory University certificate and official transcript that shows the applicant matriculated in the Fall of 1998, completed the academic requirements of 44 total credit hours in the Fall of 1999, completed his Practicum in the Spring of 2000, and he was awarded his MPH Degree in the Science of Epidemiology on 15 May 2000.

   c.  A certificate from the Director, CDC, in recognition of the applicant's extraordinary efforts on behalf of the American people in response to the public health emergencies after 11 September 2001.

   d.  A certificate from the CDC, National Center on Birth Defects and Developmental Disabilities, in appreciation for the applicant's outstanding service and dedication to the Prevention and Health Communication Team from August 2000 to June 2002.

   e.  A Secretary of Health and Human Services, Washington, DC, letter, dated 22 May 2002, and invitation to the applicant informing him that the World Trade Center and Anthrax Investigation Emergency Response Team was selected to receive the Secretary's Award for Distinguished Service at the 2002 Annual Honor Awards Ceremony on 12 June 2002 and the award would be personally presented to him by the Secretary.

9.  In connection with the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of The Surgeon General (OTSG), Falls Church, VA.  On 20 January 2011, the advisory official provided the results of her review of the documents furnished by the applicant in support of his application for constructive credit.

	a.  The advisory official states the applicant is requesting additional years of constructive credit for an MPH Degree and for experience in Epidemiology prior to entering the Health Professions Scholarship Program (HPSP).

   b.  The advisory official recommends the applicant be given 1 year of constructive credit for this MPH Degree; however, no credit should be given for prior experience.

	c.  The advisory opinion shows that the governing directive provides that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is a primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate.

   d.  The advisory official notes that the applicant's MPH Degree was completed in 1 year, with an additional semester in Spring 2000 that was Practicum and there was no credit granted.

   e.  The advisory opinion states that the governing directive provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration or certification.

   f.  The advisory official notes that the applicant's experience was prior to his obtaining his doctor of medicine (MD) Degree and physician licensure, and does not directly enhance his current position as a physician.

10.  On 20 January 2011, the applicant was provided a copy of the OTSG advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.

11.  On 27 January 2011, the applicant provided his response stating that there are two separate issues in which the Board must decide.  The first is whether his master's degree was sufficiently academically rigorous to deserve full constructive credit.  The second is whether his 2 years of experience as a fellow of epidemiology at the CDC have been of benefit to the Army.

   a.  He states that the governing directive clearly indicates that some master's degrees should be awarded 2 years of constructive credit while some other degrees would receive less than 2 years of constructive credit.  He asserts there is no indication that 2 years should be anything other than the default for achieving an advanced degree in Public Health prior to joining the military.

   	(1)  He provides a synopsis of Emory University and its MPH program, with particular emphasis on the discipline of Epidemiology.

   	(2)  He states he excelled in the highly rigorous academic program and provides a synopsis of his achievements.

   	(3)  He notes that the advisory official mistakenly states he was a student at Emory for only 1 year.  However, he matriculated in August 1998; took a full course load for 16 months, including the Summer of 1999; and completed the course work in December 1999, well under the normal 24-month period.

   	(4)  The governing directive allows the Secretary of the Military Department concerned to award constructive service credit for advanced education or an advanced degree when an officer completes the program in an active status or while on active duty in less than the number of years normally required to complete such advanced education or receive such advanced degree.

   	(5)  He finished his course work as quickly as possible, he was a full time graduate student in residence during the Spring 2000, and this allowed him to focus exclusively on his graduate research and write his thesis; a requirement for an MPH Degree from Emory University.
   
   	(6)  He comments briefly on his thesis, "Vitamin Supplements by Brand and Their Efficacy in Raising Serum Folate Concentrations in Women of Childbearing Age:  An Analysis of HNANES III, 1988-1994."  He notes that his thesis was appointed to the prestigious Shepard Symposium for outstanding graduate research.  He adds this demonstrates his final semester of graduate school was well spent and he should receive the full two years of constructive credit.

   b.  He states the governing directive shows the purpose of constructive service credit is to provide grade and DOR comparability for a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as a commissioned officer in a professional field relative to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree.

   	(1)  The applicant poses to the Board an imagined scenario in which a brigade commander is offered the choice between two physicians to serve as his/her brigade surgeon.  The two physicians are alike; the only difference being that one has completed a 2-year fellowship in epidemiology at the CDC prior to commissioning whereas the other has not.  If the choice is the physician with more experience prior to commissioning, then his DOR should be adjusted.

   	(2)  He states he successfully served as a brigade surgeon, a position two grades above his rank, and offers comments from his OERs during this period.

   	(3)  He offers two specific examples of the experience he gained through his epidemiology fellowship at the CDC that directly enhanced his performance as a brigade surgeon.  Specifically, by creating targeted wellness campaigns with information disseminated by key health influencers in the units and quarantine procedures he developed in Iraq to isolate a novel strain of the influenza virus H1N1, or "swine flu," to mitigate the strategic and tactical threat to his unit's mission.

   	(4)  He concludes that the extensive account he provides demonstrates that his experience enhances his current position as a physician.  He states:

   		(a)  2 years of constructive credit is appropriate for his MPH Degree;

   		(b)  1/2 year for each year of experience is appropriate for his 2-year fellowship at the CDC resulting in 1 year of constructive credit; and

   		(c)  a total of 3 years of constructive credit is appropriate resulting in adjustment of his DOR for CPT to 20 May 2003.

12.  Department of Defense Directive (DoDD) Number 6000.12 (Health Services Operations and Readiness) and DOD Instruction (DoDI) Number 6000.13 (Medical Manpower and Personnel) prescribes policy and procedures in granting entry grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.  DoDI Number 6000.13 shows in:

   a.  paragraph 6.1.2 that constructive service 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 DOR 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.

   b.  paragraph 6.1.2.2.2 provides 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 advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate.

   c.  paragraph 6.1.2.2.4 provides that year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than 1 year in duration.

   d.  paragraph 6.1.2.2.5 provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.

13.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department.  Table 3-1 (Constructive Service Credit) provides, in pertinent part, that 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 credit is also authorized in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded 2 years of constructive credit for his MPH Degree and 1 year of constructive credit for his 2-year fellowship at the CDC, for a total of 3 years of constructive credit and adjustment of his DOR for CPT to 20 May 2003.

2.  The evidence shows the applicant began his course of study in the Fall 1998 semester and he completed 44 credit hours in a period of 16 consecutive months over the course of four consecutive semesters (through the Fall 1999 semester).  He then completed his Practicum and thesis the following semester and was awarded his MPH Degree in the Science of Epidemiology on 15 May 2000.

   a.  Had the applicant not pursued his MPH Degree during the Summer 1999 semester, completion of the required course curriculum would have taken him through the Spring 2000 semester.
   
   b.  Thus, it is clear that this MPH program is designed to be completed over the course of two full academic years (i.e., 24 months).

   c.  The governing directive provides that credit for a master's degree in a health profession other than medicine and dentistry shall be awarded based on actual full-time equivalent education [emphasis added] of up to 24 months for a master's degree.

   d.  Therefore, notwithstanding the advisory opinion, it would be appropriate to award the applicant 2 years of constructive credit for his MPH Degree.

3.  The evidence shows that the health profession experience the applicant gained from his 2-year fellowship at the CDC was during the period from August 2000 to June 2002.

   a.  The governing directive provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  However, it also provides that creditable experience cannot predate the receipt of licensure, registration, or certification [emphasis added].

   b.  The applicant's experience was prior to him obtaining his MD Degree and physician licensure in 2006.

   c.  Therefore, the applicant is not entitled to constructive credit based on his 2-year CDC fellowship.

4.  Based on the foregoing, it would be appropriate to correct the applicant's records to show he was granted 2 years of constructive credit for his MPH Degree.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his active date of rank to captain to 20 May 2004.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional constructive credit for his health profession experience for his 2-year fellowship at the Centers for Disease Control and Prevention.  

3.  As a result of this correction, the U.S. Army Human Resources Command, Officer Promotions Branch, Fort Knox, KY, should review the applicant's record to determine if he is eligible for consideration by a Special Selection Board(s).  If so, notify the applicant (and of his responsibility to review his record) and forward his record for consideration by the appropriate Special Selection Board(s).



      ___________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)                                         AR20100017633



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ABCMR Record of Proceedings (cont)                                         AR20100017633



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