IN THE CASE OF:	

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130005248 


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 an additional 2 years of constructive credit for her Master of Science Degree in Biomedical Sciences.

2.  The applicant states:

* she graduated from the University of Miami, earning a Bachelor of Science Degree in December 2002
* she was a full-time student at Barry University from Spring 2003 through Fall 2004
* in 2004, she completed all the requirements for her master's degree
* on 26 July 2006, her master's degree was conferred by Barry University
* on 11 August 2006, she signed her oath of office and accepted the Health Professions Scholarship Program (HPSP) application
* in May 2009, she graduated from Nova Southeastern University, earning a Doctor of Osteopathic (DO) Medicine Degree
* her master's degree was completed prior to the start of her medical school education at Nova Southeastern University, as well as her application for the HPSP scholarship, and not earned concurrently with her medical degree or obtained after her appointment
* all the pertinent information was not entered on her DA Form 61 (Application for Appointment)
* her recruiter told her she would be granted constructive credit automatically for her master's degree and that it would allow her to be promoted faster
* her master's degree in Biomedical Sciences has helped with her proficiency in medicine as well as her research publication
* she will be applying to the Family Medicine Obstetrics Fellowship at Darnall Army Medical Center in Fort Hood, Texas
* granting service credit for her master's degree will make her more competitive for the fellowship

3.  The applicant provides:

* self-authored statement
* DA Form 61
* DA Form 4037 (Officer Record Brief)
* email, dated 18 December 2012
* Barry University transcript
* Nova Southeastern University transcript
* four Army Board for Correction of Military Records (ABCMR) Records of Proceedings –

* AR20004102693, dated 12 August 2004
* AR20070000496, dated 15 May 2007
* AR20070000516, dated 24 May 2007
* AR20100017633, dated 3 March 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 61, dated 10 July 2006, shows in:

* item 21 (Civilian Education) –

* Nova Southeastern University – DO, 2009
* Barry University – does not show a degree or year
* University of Miami – BS (Bachelor of Science), 2002

* item 40 (Main Civilian Employment) – full-time student, Nova Southeastern University, August 2004 to 10 July 2006

2.  On 11 August 2006, the applicant executed an oath of office and was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT).

3.  On 17 August 2006, she executed a U.S. Army Reserve Command Form 1131 (Department of the Army Service Agreement – F. Edward Herbert Armed Forces HPSP).

4.  Her DA Form 1059 (Service School Academic Evaluation Report) shows she completed the Army Medical Department (AMEDD) Officer Basic Leaders Course on 21 July 2007.

5.  The applicant's transcript from Nova Southeastern University, dated 2 June 2009, shows she was awarded a Doctorate of Osteopathic Medicine on 24 May 2009.

6.  She accepted appointment as a Captain (CPT), Medical Corps, in the Regular Army on 8 June 2009.

7.  Orders 309-017 issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 5 November 2009, show she received an active date of rank as a captain of 7 June 2009.

8.  The applicant provides a self-authored statement, record extracts, college transcripts, and four previously-granted ABCMR cases she states are similar to her application.

9.  On 10 May 2013, the Program Manager, Graduate Medical Education (GME) Division, Office of the Surgeon General (OTSG), opined that no constructive service credit should have been granted for the applicant's master's degree in Biomedical Sciences since it was not a prerequisite for her DO Degree in accordance with Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel).  The degree is not required for appointment to the Medical Corps and will not add adjunctive skills to her specialty as a Family Medicine Physician.

10.  On 24 July 2013, the applicant was furnished with a copy of the advisory opinion.

11.  On 9 and 15 August 2013, the applicant submitted rebuttals wherein she stated the ABCMR's decision in the following cases, in effect, serve as precedent for granting relief in her case:

* the Director of Medical Education, GME, OTSG, opined and recommended constructive credit be given in ABCMR Docket Numbers AR20100017633, AR2004102693, AR20070000496, and AR20070000516 using the same argument but is recommending denial of her request
* review of ABCMR cases involving a master's degree in Biomedical Sciences and other master's degrees shows –
* credit and full relief was given to physicians who earned a master's degree in Biomedical Sciences
* favorable cases were granted prior to 2008 and all had submitted similar, if not the same evidence, consisting of a master's degree, medical degree, and active duty orders
* favorable cases had the same arguments and quoted the same DODI, yet the GME official recommends denial in her case
* once Colonel P____ was instated as the Director, GME, he personally changed the requirements and no longer granted constructive credit for a master's degree in any degree other than Public Health
* all subsequent constructive credit submissions were denied after 2008 by the GME official using the same regulation that granted full relief the previous year
* in every case in which the GME official recommended denial of constructive credit, so did the ABCMR
* it is these practices that hurt the military and decrease retention rates for physicians
* this was not an absolute doctrine of the GME office; rather, an opinion of one director to change the Army regulation without explanation
* she requested clarification in the past to no avail and she recommends requesting that the GME office reconsider its entry-grade credit determination
* she is a fourth generation Army Soldier serving during a war like her grandfather and father
* she is considering other options instead of keeping her plan to become a career physician in the Army because of the award practice for granting constructive credit

12.  The following pertinent information is provided with respect to the ABCMR Docket Numbers cited by the applicant:

* AR20100017633 granted the applicant partial relief by awarding 2 years of constructive credit rather than 3 years for his Master of Science degree in Public Health – the difference in the applicant's case is the degree
* AR2004102693 granted the applicant full relief by awarding 2 years of constructive credit for his Master of Natural Science degree – the difference in the applicant's case is the degree
* AR20070000496 granted the applicant full relief by awarding 2 years of constructive credit for his Master of Science degree in Biomedical Sciences (Immunology) – the difference is that the applicant does not have the immunology specialty
* AR2007000516 granted the applicant full relief by awarding 2 years of constructive credit for his Master of Science degree in Biomedical Sciences – no difference in the degrees awarded

13.  Army Regulation 135-101 (Army National Guard and Army Reserve – Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) provides policy, eligibility requirements, and processing procedures for the appointment of AMEDD officers with or without concurrent call to active duty.  Chapter 3 (Grade Determinations) states for entry-grade credit of less than 3 years, the entry grade is 2LT; for entry-grade credit of 3 years or more but less than 7 years, the entry grade is first lieutenant; and for entry-grade credit of 7 years or more but less than 14 years, the entry grade is CPT.

14.  DODI 6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.

	a.  Section 6.1 (Entry Grade Credit) states 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 credit.  A period of time shall be counted only once when computing entry-grade credit and qualifying periods of less than 1 full year shall be proportionately credited to the nearest day, except where noted otherwise.

	b.  Section 6.1.2 (Constructive Service Credit) states constructive service 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 a date of rank comparable to that attained by officers who begin commissioned service after receiving a baccalaureate degree and serve for the period of time it would take to obtain the additional education.

	c. Section 6.1.2.2.2 provides 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 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 allowed for having both a master's and a doctorate degree may not exceed the maximum allowed for a doctorate.

	d.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for 2 years of constructive credit for her Master of Sciences Degree in Biomedical Sciences was carefully considered.

2.  She compares her application with four previous ABCMR cases and alleges that similar cases were granted prior to 2008.  She argues an individual within GME Division, OTSG, personally changed the requirements for awarding constructive credit and that her master's degree in Biomedical Sciences adds adjunctive skills to her primary specialty.  She further argues that granting her additional service credit will make her more competitive for a fellowship.

3.  With the exception of ABCMR Docket Number AR200700516, it would appear the cases referenced by the applicant are similar.  However, in the previously granted cases, the individuals possessed specific specialties which added adjunctive skills to their primary specialties.

4.  Based on DODI 6000.13, 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.  Further, there is reluctance for the Board to substitute its judgment for the Surgeon General who is responsible for managing AMEDD officers.  The skills required of Army medical officers vary as the needs of the Army vary.

5.  The ABCMR does not grant relief solely for the purpose of making an applicant eligible for other benefits.

6.  She has not conclusively shown that her master's degree has added adjunctive skills to her current specialty.  Based on the evidence presented and the OTSG advisory opinion, the requested relief should be denied.






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 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)                                         AR20130005248



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ABCMR Record of Proceedings (cont)                                         AR20130005248



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