IN THE CASE OF:	  

		BOARD DATE:	  19 February 2014

		DOCKET NUMBER:  AR20130017948 


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, in effect, award of constructive service credit for his college degree. 

2.  The applicant states:

	a.  He requests a review of his military record toward correction of constructive credit that should have been granted at the time of his entry on active duty military service within the Medical Corps (MC).  He was appointed as a Reserve commissioned officer in the Army in the rank/grade of first lieutenant (1LT) on 29 January 2004.  The memorandum for this appointment shows in paragraph 4 that 2 years, 2 months, and 12 days of constructive service credit was granted according to Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches).  Furthermore, the accompanying DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)) demonstrates the computation of total constructive credit to be awarded based on his "advanced education beyond basic qualifying degree" for the 71E (Clinical Laboratory) specialty. 

	b.  On 24 March 2008, he was appointed as a Reserve commissioned officer in the Army with a rank of second lieutenant (2LT).  This appointment was made in accordance with the Health Professions Scholarship Program acceptance and agreement.  The accompanying memorandum for record did not show in paragraph 4 the constructive credit awarded 4 years earlier.  

	c.  On 8 April 2009, he was appointed as a Reserve commissioned officer in the Army with a rank of captain (CPT).  The memorandum for this appointment shows in paragraph 4 that 4 years of constructive service credit had been granted according to Army Regulation 135-101.  Again, the memorandum did not show the constructive credit awarded 5 years earlier.  Additionally, the active duty orders show that the date of rank (DOR) was adjusted based on the constructive service credit awarded for an MD degree, bypassing again the constructive service credit already awarded for a Master of Science (MS) advanced degree.

	d.  In accordance with Army Regulation 135-101, paragraph 3-1, the "grade and DOR upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded." Additionally, "the entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.  Entry grade credit awarded to AMEDD officers upon appointment or assignment will be recorded on one of the following forms: DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) for Medical Corps (MC) or Dental Corps (DC) officers; or DA Form 5074-1-11 (Record of Award of Entry Grade Credit (Health Services Officers)) for Army Nurse Corps (ANC), Medical Service Corps (MSC), Army Medical Specialist Corps (AMSC), or Veterinary Corps (VC) officers."  Paragraph 3-3 states that the "authorized credit in excess of the minimum required for appointment to the appropriate grade in that circular will be used to adjust the DOR within that grade."  Table 3-1 shows that for the MD basic qualifying degree, the constructive service credit applicable when appointed to the MC is 4 years.  Also, "credit for additional advanced degrees must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Credit is awarded based on full-time equivalent education up to 24 months for a master’s degree or up to 36 months for a doctorate.  Additional degree must not have been earned concurrently with primary credential.  Credit includes time spent in attainment of lower degree.  No additional credit will be given for more than one degree in a single field."  For advanced degrees the constructive service credit should be one year for each year (or school year) limited by level of degree.  Furthermore, Table 3-3 shows that credit for an MS degree in Clinical Laboratory qualifies for a credit of 2 years.  In agreement with Army Regulation 135-101, he requests a review of his military records for further adjustments to his DOR and constructive service credit based on this request and submitted supporting documents. 

3.  The applicant provides:

* Appointment memorandum, dated 2 January 2004
* DA Form 71 (Oath of Office - Military Personnel), dated 29 January 2004
* DA Form 5074-1-R, dated 10 February 2004
* Appointment memorandum, dated 24 March 2008
* DA Form 71, dated 24 March 2008
* Appointment memorandum, dated 8 April 2009
* Orders to active duty, dated 15 April 2009
* DA Form 71, dated 23 June 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant attended the University of Puerto Rico (PR) and he was awarded a Bachelor of Science in General Studies on 22 June 1997.   He enlisted in the Puerto Rico Air National Guard on 13 September 2000 and he was discharged on 1 October 2001.  

2.  On 22 March 2003, he was awarded a Certificate of Medical Technology from Inter American University, PR, and he was registered as a Medical Technologist by the American Society of Clinical Pathologists.  Also on this date, he enlisted in the U.S. Army Reserve (USAR) for 8 years.  However, he was discharged from the USAR 13 August 2003. 

3.  He was appointed as a Reserve commissioned officer of the Army, MSC, in the rank of 1LT and he executed an oath of office on 29 January 2004.  A DA Form 5074-1 shows he was awarded 2 years of constructive service credit (for an MS degree) for attending the Inter American University, from 1 August 2000 to 28 May 2003, and 2 months and 12 days for professional experience, for a total of 2 years, 2 months, and 12 days.  He qualified for entry as a 1LT based on        2 years required for grade and the excess of 2 months and 12 days was applied to his DOR, adjusted to 17 November 2003.  His appointment memorandum shows he was awarded 2 years, 2 months, and 12 days of constructive service credit.  

4.  It is unclear if he was assigned to a troop program unit of the USAR or performed active/inactive service in the USAR.  

5.  His records contain an order issued by Headquarters, USAR Command, Fort McPherson, GA, honorably discharging him from the USAR on 8 February 2007. 

6.  On 24 March 2008, he was appointed as a commissioned officer of the Army in the rank of 2LT and he executed an oath of office on that date. 

7.  On 23 May 2008, he executed a USAREC Form 1131 (Department of the Army Service Agreement - F. Edward Herbert Armed Forces Health Professions Scholarship Program).  He was accepted for admission to or was enrolled in a program leading to a degree in medicine.  In exchange, he agreed to serve on active duty for 4 years.  

8.  On 21 October 2008, the U.S. Army Human Resources Command (HRC), St. Louis, MO, published Orders C-10-818187 appointing him in the USAR and assigning him to the USAR Control Group (Officer Active Duty Obligator (OADO)).  His DOR is listed as 24 March 2008. 

9.  On 8 April 2009, HRC published an appointment memorandum appointing him as a USAR MC commissioned officer in the rank of CPT, in specialty 61F (Internist).  The appointment memorandum shows a credit of 4 years as of the date of graduation. 

10.  On 15 April 2009, HRC published Orders A-04-911088 ordering him to active duty in the grade of CPT and reassigning him from the USAR Control Group (OADO) to Fort Gordon, GA, effective 23 June 2009, to fulfill active duty requirements in a voluntary indefinite status.  The orders listed his DOR to CPT as 23 June 2009.

11.  He executed an oath of office as a Regular Army, MC officer, on 23 June 2009.  

12.  On 1 September 2009, HRC published Orders Number 244-003 awarding him an Active DOR (ADOR) to CPT, MC, of 23 June 2009. 

13.  An advisory opinion was obtained on 9 December 2013 from Office of the Surgeon General (OTSG) in the processing of this case.  An OTSG official stated:

	a.  A review of the documentation submitted by the applicant is complete.  The official recommended disapproval of the applicant's request.  The applicant requests constructive service credit for a Bachelor of Science in General Studies. DOD Directive 6000.13 (Medical Manpower and Personnel) is the governing directive in granting entry grade constructive credit.  In accordance with paragraph 6.1.1.3, 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 category. 

	b.  Additionally, paragraph 6.1.2.2.3, states the additional degree must add adjunctive skills to the primary specialty and must contribute directly to the 

performance in anticipated position in the Military Service concerned.  The applicant's Bachelor Degree in General Studies is not required for appointment to the Medical Corps and will not add adjunctive skills to his specialty as a Pathologist.

14.  The applicant was provided with a copy of this advisory opinion but he did not respond within the allotted time.  However, he sent an email on 19 December 2013 to the OTSG advisory official stating:  

	a.  This email is regarding the OTSG advisory opinion he received in reference to a recommendation OTSG was asked for regarding to an application he submitted to the Board.  This application was submitted as a formal request to address a constructive credit that should have been granted at the time of his commission as a Medical Officer.  

	b.  the opinion states that his request was based on constructive credit for a Bachelor of Science in degree (general science).  The constructive credit he is seeking is for a Master of Science degree in Medical Technology with a concentration in Microbiology obtained in 2003.  This degree was obtained even before his original commission as an MSC 71E 1LT.  Within the documents he submitted to the Board, a DA Form 5074-1-R, Section B (Credit for advanced education beyond basic qualifying degree), Line 10 reads as follow:  

* Degree: MS
* Academic Institution: Interamerican University, San Juan, PR Inclusive dates: 08/01/2000 to 05/28/2003
* Credit Awarded: 2-0-0.

15.  By email, on 23 December 2013, the OTSG official responded to the applicant and stated: 

	a.  As there was no copy of his Master's Degree included in the packet forwarded to OTSG, and the only information OTSG could locate regarding his Medical Technology degree was a copy of a transcript noting award of a Professional Certificate, their response was forwarded based on his Bachelor degree.  It is important to note that the Graduate Medical Education office provides recommendations, not authorizations, to the ABCMR, who is the final deciding body for constructive credit.  Having said that, even with a copy of his Master degree, the OTSG response to the ABCMR will remain the same.


	b.  As Medical Corps officers already receive 4 years of constructive credit for medical school, additional credit for other degrees is not warranted.  His Masters degree is not a prerequisite for medical school (although it may have provided adjunctive skills and enhanced his application for medical school), nor is it required for a pathology residency.  As noted in Department of Defense Instruction (DODI) 6000.13, paragraph 6.1.1.3., "Constructive service credit may be awarded only if such advanced education or degree is required as a prerequisite for original appointment as a commissioned officer in a particular specialty."  Unless his additional degree and the adjunctive skills are a requirement for his residency, OTSG cannot recommend constructive credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant quotes sections of Army Regulation 135-101 in support of his application.  That regulation was issued on 15 February 1984.  DODI 6000.13 has, in many respects, superseded portions of that regulation so as to standardize the appointment of medical officers in the Department of Defense.

2.  While it appears that at one time his Certificate of Medical Technology from Inter American University, PR, was accepted as an MS degree (and he should continue to work with OTSG to clarify that apparent discrepancy), his MS degree is really irrelevant as far as granting him constructive service credit as a Medical Corps officer is concerned.  Such constructive service credit may be awarded only if advanced education or an advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category.  His Masters degree is not a prerequisite for entering medical school. 

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)                                         AR20130017948





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ABCMR Record of Proceedings (cont)                                         AR20130017948



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