IN THE CASE OF: 

		BOARD DATE: 11 December 2012

		DOCKET NUMBER:  AR20120016144 


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 2 additional years of constructive service credit for completion of his Doctor of Pharmacy degree.

2.  The applicant states:

	a.  the Department of Defense Instruction (DODI) allows constructive service credit for master's and doctorate degrees in a health profession other than medicine or dentistry, whether it is the primary degree or an additional advanced degree.  

	b.  his Doctor of Pharmacy is a doctorate degree in a health profession other than medicine or dentistry.  The extensive knowledge of and skills in clinical pharmacology provided by that degree clearly add "adjunctive skills" to his practice of medicine and "contribute directly" to his performance as a physician.  

	c.  the DODI does not state that the additional degree must be a prerequisite for original appointment as a commissioned officer in a particular category.  The official at the Office of the Surgeon General (OTSG) Graduate Medical Education (GME) denied his request for the additional 2 years of constructive service credit because the applicant earned the doctorate degree prior to his initial entry in the service.  



3.  The applicant provides copies of:

* DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 15 February 2012
* email string, subject:  Additional Constructive Credit Question
* University of Connecticut Academic Transcript, dated 12 January 2005
* DODI 6000.13, Subject:  Medical Manpower and Personnel, dated 
30 June 1997

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a reserve commissioned officer in the Medical Service Corps on 19 May 2000.

2.  He was discharged for miscellaneous reasons as a major effective 
3 August 2008.  

3.  He was ordered to active duty as a second lieutenant, Medical Service Corps, and assigned as a student at the Uniformed Service University of the Health Sciences (USUHS) for the period 4 August 2008 to 3 August 2012.

4.  Orders Number 152-04, U.S. Army Human Resources Command, dated 
31 May 2012, promoted him to captain with date of rank of 9 May 2009.

5.  At the time of his application, the applicant was serving on active duty in the rank of captain in the Medical Corps.

6.  A DA Form 1059 (Academic Evaluation Report) shows he completed the fourth year as a medical student at the USUHS on 19 May 2012.

7.  A DA Form 5074-R shows he was granted 4 years of constructive service credit for graduation from the USUHS and 3 years, and 13 days for prior service credit.  He was not granted any credit for the Doctor of Pharmacy degree he received from the University of Connecticut on 17 May 2002.

8.  In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia.  The opinion stated, in part, that DOD Directive 6000.13 is the governing directive in granting entry grade constructive credit. 

	a.  Paragraph 6.1.1.3 provides that 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.
	b.  Paragraph 6.1.2.2.3 provides that the additional degree must add adjunctive skills in the primary specialty and must contribute directly to performance in the advanced position in the military service concerned.

	c.  The applicant's Doctor of Pharmacy degree is not a prerequisite for his Doctor of Medicine (MD) degree.  The degree is not required for appointment to the Medical Corps and will not add any adjunctive skills to his specialty as an Anesthesiologist.  Therefore, the recommendation is not to grant any additional credit for his Doctor of Pharmacy degree.

9.  On 10 October 2012, the applicant was advised by letter of this advisory opinion.  He responded by letter stating, in effect, that he disagrees with the advisory opinion, because:

	a.   He believes the OTSG officials are misinterpreting DODI 6000.13 as he explained in his application.  Paragraph 6.1.1 only pertains to "Prior Commissioned Service."  OTSG is taking the sentence "Constructive credit may be awarded only if such advanced education is required as a pre-requisite for original appointment..." out of context.  The remainder of paragraph 6.1.1.3 only pertains to degrees earned while on "active duty in an active status."  It is not reasonable to assume that this one sentence applies to degrees earned before entry on active duty, when the remainder of the paragraph does not.  His Doctor of Pharmacy degree was earned prior to entry on active duty.  As such, paragraph 6.1.1 is not applicable.  Paragraph 6.1.2 does not require that the degree be a "prerequisite for original appointment." 

	b.  The OTSG opining official states that the skills and knowledge he obtained through his Doctor of Pharmacy will not add adjunctive skills to his practice of medicine in accordance with paragraph 6.1.2.  The opining official is not a physician, nor does she make reference to an official Army document or a qualified physician in making this determination.  Therefore, she is not qualified to make a determination whether or not his degree provides adjunctive skills.  Several senior medical corps officers have stated to the applicant that his knowledge of clinical pharmacy had made him a more advanced physician than his peers.  Furthermore, when he interviewed for the Anesthesiology Residency, the interviewing physicians all stated that his clinical pharmacology background would be an asset since Anesthesia is mostly a combination of physiology and clinical pharmacology.  Based on this feedback, he believes that his Doctor of Pharmacy Degree does provide adjunctive skills.


10.  DODI Number 6000.13, Medical Manpower and Personnel, dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.

	a.  Paragraph 6.1.  Prior Commissioned Service Credit states that credit for prior service as a commissioned officer shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific levels of each health profession.  Credit shall be awarded as follows:

	b.  Paragraph 6.1.1.1.  Service on active duty or in an active status such as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment.

	c.  Paragraph 6.1.2:  Constructive Service Credit.  This 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 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. 

	d.  Paragraph 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should receive an additional 2 years of constructive service credit for his Doctor of Pharmacy Degree.

2.  The applicant was granted 4 years of constructive service credit for graduation from the USUHS and 3 years, and 13 days for prior service credit.  He was not granted any credit for his Doctor of Pharmacy Degree.

3.  The advisory official recommended denial of the applicant's request. 

4.  The applicant's Doctor of Pharmacy Degree is not a prerequisite for his MD degree and it is not required for appointment to the Medical Corps and will not add adjunctive skills to his specialty as an Anesthesiologist.

5.  The applicant claims that he was told his education in pharmacy would help him in anesthesiology; but he has submitted no evidence or identified any adjunctive skill.

6.  In view of the above, the applicant’s request should not be granted.  

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)                                         AR20090001057



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ABCMR Record of Proceedings (cont)                                         AR20120016144



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