BOARD DATE:	 4 June 2015 

		DOCKET NUMBER:  AR20150003272 


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, reconsideration of his earlier request to correct his military records by showing he was granted constructive service credit for his Master of Science degree.

2.  The applicant states the purpose of his request for reconsideration is to present new evidence not previously considered by the Board.  His multi-page argument states, in summary, that he should have received 2 years of credit for his Master of Science degree and 4 years of credit for his Medical Doctor degree.  He also argues that his Master of Science degree adds adjunctive skills as a staff pathologist because the degree is in laboratory medicine, microbiology.  He further contends that his prior commissioned service credit is not applicable because his original appointment was never in an active duty status prior to his appointment within the Medical Corps.

3.  The applicant provides copies of:

* Master of Science degree (diploma only, in Spanish), dated 7 June 2003
* Registrar's Certification for an advanced degree, dated 2 September 2003
* Department of Defense Instruction (DODI) 60000.13 (Medical Manpower and Personnel) paragraphs 6.1.2 through 6.1.2.2.4., dated 30 June 1997



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130017948, on 19 February 2014.

2.  The applicant has provided three enclosures as listed above, which are considered to be new evidence requiring consideration by the Board.

3.  In the original Record of Proceedings (ROP), the Board considered the following evidence in rendering its denial of the applicant's request.

	a.  He was awarded a Bachelor of Science in General Studies on 22 June 1997.  He served in the Puerto Rico Air National Guard during 2000-2001 in an enlisted status.

	b.  On 22 March 2003, he was awarded a Certificate of Medical Technology from Inter American University, PR, and was registered as a Medical Technologist by the American Society of Clinical Pathologists.  On the same date, he enlisted in the U.S. Army Reserve (USAR) for 8 years, but served about 
5 months.

	c.  He was appointed as a Reserve commissioned officer of the Army, Medical Service Corps, in the rank of 1LT.  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 his Masters of Science degree from the Inter American University, awarded to him in 2003.  He also received credit for 2 months and 12 days for professional experience.  This credit qualified him for entry as a first lieutenant with a date of rank of 17 November 2003.  His appointment memorandum shows he was awarded 2 years, 2 months, and 12 days of constructive service credit.

	d.  His records do not clearly show whether he was assigned to a troop program unit of the USAR or performed active/inactive service in the USAR.

	e.  He was discharged from the USAR on 8 February 2007.

	f.  On 24 March 2008, he was appointed as a commissioned officer of the Army in the rank of second lieutenant.



	g.  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 
4 years on active duty.

	h.  On 21 October 2008, he was appointed in the USAR and assigned to the USAR Control Group (Officer Active Duty Obligor (OADO)) with a date of rank of 24 March 2008.

	i.  On 8 April 2009, he was appointed as a USAR Medical Corps commissioned officer in the rank of CPT, in specialty 61F (Internist).  He was granted 4 years of service credit.

	j.  On 15 April 2009, he was reassigned from the USAR Control Group (OADO) and ordered to fulfill active duty requirements in a voluntary indefinite status effective 23 June 2009.  He was given a corresponding date of rank for captain.

	k.  An advisory opinion was obtained on 9 December 2013 from the Office of the Surgeon General (OTSG).  There was some confusion about which degree the applicant thought qualified for added constructive service credit.  It stated 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.  His master’s degree was not a prerequisite for medical school (although it may have provided adjunctive skills that enhanced his application for medical school), nor was it required for a pathology residency.  Constructive service credit may be awarded only if such advanced education or degree is required as a prerequisite for the 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 could not recommend constructive service credit.

4.  In the original ROP, the Board concluded that the applicant's Master of Science degree was not a prerequisite for entering medical school.  Because such constructive service credit may be awarded only if the advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category, the Board determined that his request should be denied.



5.  DODI 6000.13 provides:

	a.  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. Constructive service credit shall be determined according to the following guidelines:

	b.  6.1.2.2.  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 officer category.

	c.  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).

	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.

	e.  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.

	f.  6.1.2.2.4. Year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than one year in duration.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by showing he was granted constructive service credit for his Master of Science degree.

2.  The available evidence of record shows that the applicant was awarded 
4 years of constructive service credit for his medical doctor degree.

3.  The governing regulation states that any additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position.  Furthermore, constructive service credit may be awarded only if the advanced degree is required as a prerequisite for his original appointment as a commissioned officer in a particular officer category.

4.  OTSG clearly stated that the applicant's Master of Science degree was not a prerequisite for medical school.  It may have provided adjunctive skills that enhanced his application for medical school but it was not a requirement for a pathology residency.

5.  In view of the above, the applicant's request 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 that the overall merits of this case


are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130017948, dated 19 February 2014.




      _________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)                                         AR20150003272





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ABCMR Record of Proceedings (cont)                                         AR20150003272



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