IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110022501 


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 award of additional constructive service credit (CSC) for additional graduate level education completed prior to his acceptance into the Health Professions Scholarship Program, commissioning as a U.S. Army Reservist, and matriculation to medical school. 

2.  The applicant states he was informed by his recruiter that he would be eligible for 4 years of CSC for the completion of his doctorate (Doctor of Health Care Ethics - DHCE) obtained from Duquesne University and Master of Arts (MA) in HCE obtained from Loyola University Chicago.  Upon transitioning to an active duty status and initiation of Graduate Medical Education at Walter Reed Army Medical Center within the Department of Medicine, his records failed to reflect his advanced degrees to include a MA in HCE from Loyola University Chicago, and DHCE from Duquesne University.  Regarding the academic program for the DHCE, the degree is an accredited graduate doctoral program run in parallel with the PhD program with a clinical focus rather than a research orientation.  As such, the 4-year program is identical to the PhD for course/practical curricula; however, the dissertation within the PhD is replaced with comprehensive oral/practical exams.  His additional training has provided a unique and meaningful way in which he has been able to contribute and enhance the U.S. Army Medical Corps (MC).  Since his commission, he has actively utilized the skills gleaned from his advanced degrees to include no less than ten peer-reviewed publications within the past 4 years (including articles within the area of military medical ethics), organization of educational activities such as academic conferences, the development of ethics curricula for the Walter Reed house staff, and lecture seminars at the Uniformed Services University of Health Sciences, as well as serving as one of the senior ethics consultants for the Walter Reed Army Medical Center and Walter Reed National Military Medical Center Bethesda Ethics Committees. 

3.  The applicant provides:

* DA Form 67-9 (Officer Evaluation Report) for the rating period 20100701-20110630
* IWS-TAPDB-R screen printout
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* Memorandum, subject: Request for MC Incentive Special Pay
* DA Form 5074-4R (Record of Award of Entry Grade Credit (Medical and Dental Officers))
* Order Number 247-006
* Appointment as a Reserve Commissioned Officer of the Army memorandum
* AHRC-OPD-RD Orders A-04-807855
* DA Form 71 (Oath of Office)
* Officer Record Brief
* MA (Loyola University)
* DHCE (Duquesne University)
* College transcripts 
 
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 Army Board for Correction of Military Records (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.  The applicant was awarded a:

* MA on 9 May 2003
* DHCE on 7 May 2005
* Doctor in Internal Medicine in June 2008
  
3.  On 9 June 2008, he was appointed as a Reserve Commissioned officer in the rank of captain in the specialty of 61F (Internist) in the MC.

4.  His DA Form 5074-4R shows he was granted a total of 4 years of constructive entry grade credit for his medical degree from Loyola University.

5.  In the processing of this case, an advisory opinion was obtained from the Graduate Medical Education Division of the Office of the Surgeon General (OTSG).  That office stated the applicant was requesting constructive credit for a PhD in HCE and a Masters degree in HCE.  The applicant's degrees in HCE are not a prerequisite for his Doctor of Medicine degree.  The degrees are not required for appointment to the MC.  That office's recommendation was not to grant any additional credit for his PhD or Masters degree in HCE.

6.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He refuted the advisory opinion stating he was resolute that his request for constructive credit was valid and enduring.  He offered three statements in support of his position.

   a.  He has now been offered the Chair of the Walter Reed National Military Medical Center Bethesda Ethics Committees.  In this position he will be directly responsible for the education of all staff, consultation services, and sit in an advisory role to the hospital command in all issues regarding clinical and institutional ethics.  He states that while these additional degrees in health care ethics are not prerequisite for his appointment as a commissioned officer, they have served the U.S. Army and patients under the care of the MC in a unique manner that no other officer currently commissioned in the entire armed services is able to provide with a similar level of academic training and clinical experience.
   
   b.  Furthermore, there appears to be some amount of inconsistency regarding the recommendation of constructive credit by the OTSG.  He identifies two MC officers within his residency cohort who both received favorable action within the past 3 to 4 years from the ABCMR granting them each 2 years of constructive credit for a Masters in Psychology and Master of Public Health.  According to Department of Defense (DoD) Directive 6000.13, paragraph 6.1.1.3, these degrees are not required as a prerequisite for their original appointment as a commissioned officer.  Yet, constructive credit was granted presumably because this training was thought to be of benefit to the U.S. Army and could be utilized to contribute in a meaningful and unique manner.  (It is presumed that one of the ABCMR cases related to the applicant's cohorts identified above is AR20070009494 while the ABCMR case for the second officer could not be identified.)
   
   c.  Thirdly, he was informed, like the two MC officers mentioned above, upon their time of commissioning by a U.S. Army recruiter that their additional advanced degrees would indeed grant them additional constructive credit toward promotion.  While he cannot expect that the U.S. Army should take full responsibility for all statements made by recruiters, clearly this was a policy that was not infrequently expressed as they had all been told identical statements.  While he did not receive such statements in writing at the time of his commission, he did enter into his contractual obligations in good faith with those verbal incentives taken at face value.
   
7.  In ABCMR case AR20070009494 the staff advisory opinion obtained from the Chief, Graduate Medical Education Division, OTSG indicated that in accordance with DoD Directive 6000.13, paragraph 6.1.2.2.2, 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. Since the officer had completed his M.S. Degree in Psychology prior to earning his medical degree, the OTSG recommended that he be granted two years of constructive credit for his M.S. degree in Psychology.

8.  Department of Defense Instruction (DoDI) 6000.13 is the governing directive in granting entry grade/constructive credit.

   a.  In accordance with section 6.1.1.3 of this directive, CSC 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.  Section 6.1.2 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 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.
   
   c.  Section 6.1.2.2 states CSC shall be awarded as follows:
   
   	(1)  Section 6.1.2.2.1 states 4 years of CSC shall be granted for completion of first professional degrees that include medical (M.D.).

		(2)  Section 6.1.2.2.2 states 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. 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.

		(3)  Section 6.1.2.2.3 states 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.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  Table 3-1 states MC officers will be granted one year for each year credit for additional advanced degrees as listed in Table 3-4.  The degree must add adjunctive skills to the primary specialty and must contribute directly to performance in anticipated duty position.  Table 3-4 contains a list of advanced degrees that may qualify for additional CSC.  This list includes Psychology (for MC only if approved by the Secretary of the Army or designee on a case-by-case basis) and Public Health.  The list does not include health care ethics degrees. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded a Masters in HCE and a DHCE prior to receiving his Doctor of Medicine Degree in 2008 followed by his appointment in the MC.

2.  All of the applicant’s contentions, in his application and in his rebuttal to the advisory opinion, have been carefully considered.  The criteria for award of additional CSC for an advanced degree other than medical are stringent.  The additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the U.S. Army.

3.  The OTSG determined the applicant's Masters in HCE and DHCE did not add adjunctive skills to his primary specialty (61F-Internist).  While his advanced degrees in HCE may be useful for his tenure on ethics committees and interaction with patients, the applicant has provided insufficient evidence to show how his HCE degrees would contribute directly to his performance in his duty position in the MC and thus there is insufficient evidence to overturn the OTSG's determination.  It appears he was given all constructive credit due to him.  
4.  Further, the governing Army regulation lists the specific advanced health profession degrees that authorize additional CSC.  This list does not include HCE degrees.  Notwithstanding the Board decisions related to MC officers he identified who may have been given additional credit for degrees listed in table 
3-4 of Army Regulation 135-101, there is an insufficient basis for granting a Secretary of the Army exception for additional CSC in this case.  

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)                                         AR20110022501



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ABCMR Record of Proceedings (cont)                                         AR20110022501



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