BOARD DATE:	26 January 2012

		DOCKET NUMBER:  AR20110011806 


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 service credit (CSC) for her advanced degrees and education.

2.  The applicant states:

* she was given no constructive credit for her advanced education – her Master's degrees were not considered by her commissioning board
* she knows of other officers in the Medical Services (MS) corps who were given constructive service credit for their Master's degrees
* her commissioning was delayed because of processing errors on the part of the U.S. Army Recruiting Command (USAREC)

3.  The applicant provides the following additional documentary evidence in support of her request:  

* 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers))
* e-mail traffic between herself and an official from USAREC, regarding her appointment as an officer in the   U.S. Army Reserve (USAR)
* 3 academic diplomas from Saint Joseph's University, Philadelphia, PA
* 3 academic diplomas from LaSalle University, Philadelphia, PA
* academic transcripts from Saint Joseph's University and LaSalle University
* Orders 10-327-0009, 316th Sustainment Command, Coraopolis, PA, dated 23 November 2010
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 15 September 2000, the applicant was awarded a Bachelor of Arts degree in Criminal Justice and Sociology, from LaSalle University, Philadelphia, PA.

3.  On 15 May 2001, she was awarded a Master of Science degree in Criminal Justice, from Saint Joseph's University, Philadelphia, PA.

4.  On 5 March 2002, she enlisted in the USAR.  She completed training and was awarded military occupational specialty 92A (Automated Logistical Specialist).

5.  On 14 May 2006, she was awarded a Master of Arts degree in Central and Eastern European Studies, from LaSalle University, Philadelphia, PA.

6.  She submitted an application for appointment as a commissioned officer in the Medical Services (MS) corps of the USAR.  On 31 January 2007, she was boarded by USAREC for appointment in the USAR. 

7.  On 29 January 2008, she executed an oath of office and was appointed as a Reserve Commissioned Officer of the Army, in the rank/grade of second lieutenant (2LT)/O-1, in the MS corps.   

8.  On 6 March 2008, in connection with her appointment, a DA Form 5074-1-R was prepared.  This forms shows she was granted no constructive service credit for her Bachelor of Arts degree. 

9.  On 15 December 2011, in the processing of this case, an advisory opinion was obtained from the Director, Health Services Directorate, USAREC, who recommended no constructive service credit be granted for her advanced degrees.  This official further stated:

* [Applicant] was boarded for appointment in the USAR on 31 January 2007
* her qualifying degree for appointment as a 70B (Healthcare Administrative Assistant) is he Baccalaureate degree from LaSalle University
* Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), section 6.1.2.2.3 does not allow for the award of additional credit for either of her two Master's degrees
* [for additional credit to be awarded] 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
* neither of her Master's degrees constitute adjunctive skills, as defined by the Army Surgeon General for Area of Concentration (AOC) 70B

10.  On 16 December 2011, she was furnished with a copy of the advisory opinion; however, she did not respond.  

11.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) prescribes the policies, procedures and eligibility criteria for appointment in the Reserve Components of the Army within the six branches of the AMEDD.  Paragraph 4, Table 3-1 of this regulation, states that additional credit for additional advanced degrees may be granted on a year for each year (or school year), limited by the level of degree.  The degree must add adjunctive skills to the primary specialty and must contribute directly to performance in anticipated duty position (emphasis added).  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 degree.  An additional degree must not have been earned concurrently with primary credential.  A credential includes time spent in attainment of a lower degree.  No additional credit will be given for more than one degree in a single field. 

12.  DODI 6000.13, dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that a prospective health professions officer’s entry grade, and rank within grade, shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service (as outlined in the DODI) credit, except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.  

13.  Paragraph 6.1.2.2.2. of DODI 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 advanced degree, shall be awarded based on actual full-time equivalent education of up to two years for a Master’s degree and up to four years for a Doctorate degree.  Credit may not include time spent in attainment of baccalaureate or other lower degrees.  No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a Master’s and a Doctorate degree may not exceed the maximum allowed for a Doctorate degree. 

14.  Paragraph 6.1.2.2.3 of DODI 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should receive constructive service credit for her advanced degrees and education.

2.  Her post-secondary achievements are commended; however, she has provided insufficient evidence to show how her advanced degrees add adjunctive value to her primary specialty.  By law, to be awarded constructive service credit, an advanced degree must add adjunctive skills to the primary specialty.

3.  In view of the foregoing, there is an insufficient basis to grant the requested relief.

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)                                         AR20080009306



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ABCMR Record of Proceedings (cont)                                         AR20110011806



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