IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120019304 


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 record to show he was appointed as a captain (CPT).

2.  The applicant states he should have been appointed as a CPT instead of a first lieutenant (1LT) based on his educational and work background as a pharmacist.  He goes on to state he was granted 5 years of constructive credit for his qualifying degree of Doctor of Pharmacy but he should have been awarded an additional 2 years for his degree.  He also states he should have received an additional 4 years of credit for his additional degrees of Master of Molecular and Biochemical Nutrition and Master of Engineering in Food and Biotechnology for a total of 11 years of constructive credit.

3.  The applicant provides:

* an additional two pages to his application explaining his position
* a copy of his DA Form 5074-1-R (Record of Award of Entry Grade Credit)
* oath of office
* orders to active duty for training (ADT)
* Appointment Memorandum
* Application for Appointment
* Pharmacist License
* college transcripts and diplomas
* Army Regulation 135-101
* medical research articles authored by the applicant


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve (USAR) 1LT in the Medical Services Corps as a Pharmacist on 23 March 2012.  He was awarded
4 years of constructive credit for his Doctor of Pharmacy degree and 1 year,
11 months, and 7 days of constructive service credit for professional experience, for a total of 5 years, 11 months, and 7 days of constructive service credit.

2.  His appointment as a 1LT required 1 year and 6 months time in grade, which left him with 4 years, 5 months, and 7 days that was applied to his date of rank (DOR).  He was given a DOR as a 1LT of 16 October 2007.

3.  In the processing of this application, on 12 February 2013, a staff advisory opinion was obtained from Headquarters, U.S. Army Medical Command, Fort Sam Houston, TX.  The advisory official opined that the applicant is not eligible for additional constructive service credit for his Doctor of Pharmacy Degree or his two Masters degrees.

4.  The advisory official further opined that the applicant was only entitled to
4 years of constructive service credit for his Doctor of Pharmacy degree and contends that his master's degrees do not add adjunctive skills to his practice of Pharmacy.  He further provides that a Masters of Pharmacy Administration is an example of a degree that would qualify for additional constructive service credit for his degree as a pharmacist.

5.  The advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 25 February 2013, the applicant responded with a 6-page rebuttal wherein he states he does not agree that his additional degrees do not add adjunctive skills to his practice of pharmacy and provides 5 pages of explanation regarding how those degrees add adjunctive skills to his practice as a pharmacist.  His summary argument was that his additional degrees are related to pharmacy practice in that the common themes in the degrees are Food and Nutrition.

6.  Department of Defense Instruction (DODI) 6000.13, paragraph 6.1.2 governs constructive service credit.  This paragraph states that 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.

7.  DODI 6000.13, paragraph 6.1.2.2.2 states that 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 shall be awarded based on actual full-time equivalent education up to 2 years for a master's 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 for having both a master's and a doctorate degree may not exceed the maximum allowed for a doctorate.  The maximum credit for a doctorate degree is 4 years.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty.  Paragraph 3-2 provides that individuals with
7 or more years of service, but less than 14, will be commissioned in the rank of CPT.

DISCUSSION AND CONCLUSIONS:

1.  Each case considered by the Board is decided based on the individual merits of the case and the evidence submitted by the applicant as well as the evidence of record.

2.  In the applicant's case he contends he should be granted additional constructive credit for his master's degrees in molecular and biochemical nutrition and microbiology of engineering in food and biotechnology because it contributes to his present training as a pharmacist.

3.  The applicable directive provides that in order to receive additional constructive credit for an advanced degree, the additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position.

4.  A subject matter expert in this case has opined that the applicant is not entitled to constructive service credit for his master's degree and there does not appear to be any reason to believe that the office is inconsistent in its recommendations to the Board.

5.  While the applicant has gone to great lengths to explain why he believes his additional degrees contribute to his practice as a pharmacist, his interpretations do not necessarily meet the standards applied by the Department in determining what is sufficient to qualify as an adjunctive skill.  It is also recognized that his primary argument is that his additional degrees are related to pharmacy practice in that the common themes in the degrees are Food and Nutrition.  However, DODI 6000.13 states that no additional credit may be given for more than one advanced degree in a single field, or closely related field.  His argument for granting him additional credit is contraindicated by regulatory guidance.

6.  After reviewing all of the evidence and argument in this case, it does not appear on the surface that the applicant's master's degrees provide sufficient adjunctive skills to his primary specialty to warrant granting him additional constructive service credit.

7.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120019304



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ABCMR Record of Proceedings (cont)                                         AR20120019304



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