BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110016881 


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 his Member of Congress, reconsideration of his earlier request for additional constructive service credit (CSC) for completing a Master of Science (Biochemistry) degree obtained prior to entering military service.

2.  The applicant states:

* The rule referenced by OTSG (Office of the Surgeon General) in their advisory opinion applies to prior commissioned officers, not to him
* The statements made by OTSG do not appear in Title 10, U.S. Code; or the DOD directives; or the governing Army Regulation
* The Board's decision should be based on its own analysis of his case, not on a statement from the very office of which he is appealing
* An officer at the Walter Reed Army Medical Center (WRAMC), Office of the Center Judge Advocate interpreted the CSC rule differently
* The Board has previously ruled in favor of several applicants with identical cases
* His chosen medical field utilizes the principles of Biochemistry in its every day practice
* He uses the principles learned during his Master degree daily
* The reasons for his denial are not found anywhere

3.  The applicant provides:

* Letter to his Member of Congress
* Letter from an officer at WRAMC, Office of the Center Judge Advocate
* Letter from the Head of Medical Physics, National Naval Medical Center (NNMC), Bethesda, MD
* Previous/similar Board cases
* Statement from a professor at the Department of Biochemistry, Plattsburgh State University, NY
* Memorandum titled: Affirmation of Graduate Degree
* Previous application with denial memorandum
* DOD Directive 6000.12 (Health Services Operations and Readiness)
* Extract of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches)

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 AR20100012852 on 19 August 2010.

2.  The applicant provides a letter from an officer at WRAMC, Office of the Center Judge Advocate; a letter from the head of medical physics; an extract of a DOD Directive; and an Army Regulation, which were not previously reviewed by the ABCMR.  They are considered new evidence and as such warrant consideration by the Board.  

3.  The applicant was awarded a Bachelor of Science in Bio-Molecular degree in May 2002.  He attended Clarkson University, Potsdam, NY.

4.  On 28 January 2005, he completed an HPSP (Health Professions Scholarship Program) wherein he agreed to serve 4 years on active duty in exchange for 4 years of an academic scholarship in the HPSP leading to a degree in Osteopathic Medicine.

5.  He was appointed as a Reserve commissioned officer of the U.S. Army Reserve (USAR) and executed an Oath of Office on 28 January 2005.  His appointment memorandum shows his entry grade as second lieutenant.  

6.  On 8 May 2005, he was awarded a Master of Science in Chemistry degree, also at Clarkson University, NY.

7.  On 8 April 2009, he was reappointed as a USAR Medical Corps (MC) captain (CPT) with concurrent call to active duty.  His appointment memorandum awarded him 4 years of CSC and identified his AOC (Area of Concentration) as 61R (Diagnostic Radiologist). 

8.  Also on 8 April 2009, the U.S. Army Human Resources Command, St. Louis, MO, (HRC-St. Louis) published official orders ordering him to active duty, effective 12 June 2009, for a period of 4 years to fulfill his active duty requirements.  He was assigned to WRAMC.  His orders identified his date of rank as 12 June 2009 and that it would be adjusted based on his CSC.  

9.  On 2 October 2009, HRC-Alexandria published official orders confirming his DOR as 12 June 2009. 

10.  On 19 August 2010, the Board, with input from OTSG, denied his request for additional CSC for his Master degree because the degree itself did not add adjunctive skill to his primary specialty or contribute directly to the performance of his anticipated position.  

11.  In the OTSG advisory opinion, an official stated that in accordance with DOD Directive 6000.13, paragraph 6.1.1.3, 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.  The applicant's degree in Biochemistry is not a prerequisite for his Doctor of Osteopathic Medicine.  The Master degree will not reduce the length of training to meet specialty board requirements.  Therefore, no additional CSC for this degree should be awarded.

12.  He submits several prior previously adjudicated cases as well as:

	a.  A statement from an official at Office of the Center Judge Advocate, WRAMC, who opines that the OTSG advisory opinion relied on a misreading of the governing regulation.  The OTSG's advisory opinion states "in accordance with this directive, paragraph 6.1.1.3 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.”  However, paragraph 6.1.1.3 is a subparagraph of 6.1.1 which related to prior commissioned officers and does not apply to the applicant.  

	b.  A statement from the head of medical physics, NNMC, who states that the applicant is a radiology resident enrolled in the Radiology Physics curriculum at NNMC, Bethesda.  As a student, he is expected to understand and apply the principles of physics as they relate to medical imaging.  He adds that his review of the applicant's thesis (Biophysical Studies of Three Periplasmic Proteins) revealed that the applicant mastered the principles of Nuclear Magnetic Resonance in the completion of his Master in Chemistry degree with an emphasis on Biochemistry.  He opines that the Master degree directly correlates and advances his understanding and application of Radiologic Physics.  

	c.  A previously-submitted statement from his former mentor and advisor during his Master program at Clarkson University who states that the applicant's work focused on genetic engineering of proteins for use in biosensors and structural studies of periplasmic binding proteins.  He studied these proteins using a number of biophysical methods such as UV and fluorescence spectroscopy, differential scanning, calorimetry, nuclear magnetic resonance and mass spectrometry.   

13.  Paragraph 6.1.2 (CSC) of DODI 6000.13 states CSC 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 begins commissioned service after getting a baccalaureate degree and serves for the period of time it would take to obtain the additional education. CSC shall be awarded as follows:

	a.  Paragraph 6.1.1.3 states 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 service credit is awarded, shall be awarded day-for-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., below, in less than the number of years normally required to complete such education, may be given constructive credit by the Secretary of the Military Department concerned in the amount of the difference between the actual number of years the officer took to complete and the amount of time normally required to complete the program.  The maximum constructive service creditable for completing such a program shall be the number of years (to the nearest year) normally required to complete the advanced education or receive the advanced degree, in accordance with Sections 533 and 12207 of reference (c).  Constructive service 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.

	b.  6.1.2.2.1. Four years of CSC shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), 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.). 

	c.  6.1.2.2.2. Credit for master 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 degree and up to 4 years for a doctorate.  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 and a doctorate degree may not exceed the maximum allowed for a doctorate. 

	d.  6.1.2.2.3. 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.

14.  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 AMEDD.  Chapter 3 contains guidance on grade determinations.  Paragraph 3-2 provides the policy for determination of entry grade for officers not ordered to active duty.  It states, in pertinent part, that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase point shown in the Table ERR.  However, entry grade for medical officers is determined by an annual Department of the Army Circular and will be determined, in part, by the manning shortfalls in the specialty.  Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the DOR within that grade.  

DISCUSSION AND CONCLUSIONS:

1.  He received 4 years of CSC for his medical degree.  The DODI states that credit for master and doctorate degrees shall be awarded based on actual full-time equivalent education of up to 2 years for a master degree and up to 4 years for a doctorate.  However, constructive service 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. 

2.  The applicant was appointed in January 2005 and he earned his advanced degree in May 2005, after he had been appointed.  In other words, he earned his advanced degree while he was in an active status while participating in an educational program leading to appointment in a specialty in which CSC would ultimately be awarded.  

3.  His advanced education or advanced degree would have qualified him for additional CSC if it were required as a prerequisite for original appointment as a commissioned officer in a particular officer category.  This is not the case here.  The applicant received the appropriate CSC and does not appear to be entitled to any additional CSC for his advanced degree.

4.  As previously stated, each case is considered by the Board based on its own merits and the evidence submitted by an applicant and the evidence of record.  No attempt will be made to explain to the applicant why some cases or granted relief and others are not.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100012852, dated 19 August 2010.



      _______ _  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)                                         AR20110016881



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ABCMR Record of Proceedings (cont)                                         AR20110016881



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