BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20150000707 


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 her records to show she was granted  constructive service credit (CSC) in recognition of her 2-year Master of Business Administration (MBA) for the entry-level grade determination of her date of rank (DOR) as a captain (CPT)/O-3 upon entry into the U.S. Army Medical Services (MS) Corps.

2.  The applicant states she is a physician who completed a 2-year MBA in Health Care Leadership in 2011, which is directly related to her career field.  Her education records have been updated, but her DOR and eligibility date for promotion have not.  She was informed by two other officers that the Army Board for Correction of Military Records (ABCMR) is able to make this correction. 

3.  The applicant provides a copy of her degree and 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.  Having prior enlisted service as a Health Care Specialist in the Minnesota Army National Guard, the applicant's records show she accepted an appointment on 16 July 2007, as a second lieutenant, in the U.S. Army Reserve.  The evidence shows she subsequently completed medical school at Kansas City University of Medicine and Biosciences, earning her Doctorate of Osteopathy (D.O.) degree on 14 May 2011.  

3.  Her record contains a DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 11 February 2011, which shows she was awarded constructive service credit of 4 years, 0 months, and 0 days (4-0-0) for her D.O. degree which allowed her to qualify for entry grade credit in the rank/grade of CPT/O-3.

4.  On 14 May 2011, she was appointed a Reserve commissioned officer in the Army of the United States in the rank/grade of CPT/O-3.

5.  The applicant provides documents substantiating her receipt of an MBA from Rockurst University, effective 14 May 2011.

6.  On 24 March 2015, an advisory opinion was obtained from a Program Manager, Medical Service Corps Branch, Health Services Directorate, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY in the processing of this case.  The advisory official stated:

   a.  After a careful review of the record pertaining to the applicant, it was their opinion that the applicant's CSC was correct and no adjustment to her entry grade was necessary.

   b.  The applicant participated in the Health Professions Scholarship Program (HPSP) starting in 2007 and completed Medical School at the Kansas City University of Medicine and Biosciences, earning her D.O. degree on 14 May 2011.  While completing medical school, the applicant also completed and obtained an MBA in Health Care Leadership from Rockhurst University, on 
14 May 2011.

   c.  Department of Defense Instruction (DODI) 6000.13, Section 6.1.2.2.1 states, "four years of CSC shall be granted for completion of first professional degrees that include medical (M.D.) and osteopathy (D.O.)."  The applicant received 4-0-0 of CSC for the completion of her D.O. at the Kansas City University of Medicine and Biosciences.
   d.  Army Regulation 135-101, Chapter 3, Table 3-1 (CSC), paragraph 4, addresses additional advanced degrees and states, "additional degree must not have been earned concurrently with primary credential," and that, "credit includes time spent in attainment of lower degree."  Per the transcripts provided in her packet, the applicant began and completed her MBA in Health Care Leadership while concurrently earning her medical degree.  Her D.O. degree is her primary credential or qualifying degree as a future Medical Corps (MC) officer under the HPSP.
   
   e.  Army Regulation 135-101, Chapter 3, Table 3-4 states that, "advanced degrees earned in the specialties listed may qualify for additional CSC."             Table 3-4 does not include MBA or Health Care Leadership as one of the specialties where additional CSC could be awarded.  Additionally, the applicant did not provide any documentation in her packet that her MBA was approved by the Secretary of the Army or designee as indicated in Table 3-4 for "other specialties."

   f.  DODI 6000.13, Section 6.1.1.3 states, "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."  Upon completion of medical school, the applicant would commission as a MC officer to complete her internship and residency training.  An MBA in Health Care Leadership is not a prerequisite or requirement for Army residence training.

   g.  According to DODI 6000.13 and Army Regulation 135-101, the applicant's entry grade as a CPT with a DOR of 6 June 2011 based on the 4-0-0 CSC is accurate.

7.  On 27 March 2015, a copy of the advisory opinion was sent to the applicant for information to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

8.  DODI 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Constructive service credit provides an officer 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.  The DODI provides the following:


6.1.2.2. Constructive service credit shall be awarded as follows:

	6.1.2.2.1. Four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.).

	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. 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.

	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.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the AMEDD.  It states:

	a.  A DO degree is awarded 4 years of constructive service credit.

	b.  Constructive service credit for advanced degrees may not be awarded to MC officers unless specifically approved by the Secretary of the Army. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her CSC should be recomputed to show she is entitled to an earlier DOR as a CPT/O-3 was carefully considered and determined to lack merit.

2.  Army Regulation 135-101 addresses additional advanced degrees and states, "additional degree must not have been earned concurrently with primary credential," and that, "credit includes time spent in attainment of lower degree."  Per the transcripts provided by the applicant, she began and completed her MBA in Health Care Leadership while concurrently earning her medical degree.  Her D.O. degree was her primary credentialing or qualifying degree as a MC officer under the HPSP.

3.  Table 3-4 of Army Regulation 135-101 does not include an MBA or Health Care Leadership as one of the specialties where additional CSC could be awarded.  In addition, the applicant did not provide any documentation in her packet that her MBA was approved by the Secretary of the Army or designee as indicated in Table 3-4 for "other specialties."

4.  While the applicant's performance of her duties is undoubtedly enhanced by her MBA in Health Care Management, no regulatory guidance mandates the awarding of CSC; to the contrary, regulations require that each case is viewed independently.  In this case, it is determined the applicant's advanced degree does not meet the requirements for additional CSC as outlined in DODI 6000.13 and Army Regulation 135-101.

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)                                         AR20150000707



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ABCMR Record of Proceedings (cont)                                         AR20150000707



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