IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150008367
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, additional constructive service credit for his Doctor of Philosophy (PhD) degree in Biology to ratify his rank as captain (CPT) with associated back pay and allowances.
2. The applicant states:
a. He wants the appropriate constructive service credit (3-4 years) awarded and his date of rank adjusted to reflect his PhD degree in biological sciences. He also wants back pay for wages lost due to the lesser rank he was granted at the time of his direct commission.
b. He was conferred his PhD degree in Biology from McMaster University on 14 June 2011. The university was unwilling to release his official transcripts due to an unpaid tuition bill.
c. In his application for a direct commission, he provided copies of his published doctoral thesis, journal publications, and a copy of the university's commencement proceedings on 14 June 2011 wherein he participated and was listed as having been awarded the degree of PhD in Biology. Unfortunately, his commissioning board required official transcripts for all completed education. As he did not have official (doctoral) transcripts in his application, he was only offered a direct commission in the rank of first lieutenant (1LT) instead of CPT.
d. He was eager to join the U.S. Army as an officer so he accepted the commission despite his aggravation at being offered a rank and pay grade that didn't reflect his educational level and skill set.
3. The applicant provides an official transcript from McMaster University.
CONSIDERATION OF EVIDENCE:
1. The applicant completed a Master of Science degree in Environmental Science on 26 May 2003.
2. He completed a PhD degree in Biology on 14 June 2011.
3. His DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer)) is not available for review.
4. He was commissioned as a 1LT in the Regular Army Medical Services Corps on 3 January 2012.
5. He was promoted to CPT effective 1 January 2014.
6. In the processing of this case, an advisory opinion was obtained from the Medical Services Corps Program Manager, Health Services Directorate, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, dated 15 June 2015. The advisory official recommended disapproval of the applicant's request and stated:
a. The applicant's DA Form 5074-1 is correct at 02-00-00 (2 years) and no adjustment to his entry-grade credit is necessary.
b. The applicant completed a Master of Science degree in Environmental Science from Yale University on 26 May 2003 and a PhD degree in Biology from McMaster University on 14 June 2011. He was boarded and selected for a commission in primary specialty 72D (Environmental Science Officer) on 18 October 2011 with an entry-grade rank of 1LT with 2 years of constructive service credit awarded for his master's degree in Environmental Science.
c. In his request, the applicant stated his additional PhD degree in Biology should qualify him for additional constructive service credit.
d. Per paragraph 1-11 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), the qualifying degree for entry in primary specialty 72D is a master's degree in public health or related areas of specialization such as environmental health, environmental science, industrial hygiene, or food technology. The applicant completed his qualifying master's degree in Environmental Science on 26 May 2003.
e. According to Department of Defense Instruction (DODI) 6000.13, section 6.1.2.2.3, additional degrees must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned. The applicant's transcripts for his PhD degree in Biology were reviewed by the 72D Consultant to the Office of the Surgeon General who determined his PhD degree in Biology does not add adjunctive skills to his primary specialty of 72D.
f. According to Army Regulation 135-101 and DODI 6000.13, the applicant's entry grade of 1LT is accurate.
7. On 20 July 2015, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed his qualifying master's degree in Environmental Science on 26 May 2003.
2. He completed a PhD degree in Biology on 14 June 2011.
3. He was appointed in the Regular Army on 3 January 2012 in entry grade 1LT.
4. He contends he is entitled to additional constructive service credit due to his PhD degree in Biology.
5. The governing regulation states additional degrees must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned.
6. The evidence shows his transcripts for his PhD degree in Biology were reviewed by the 72D Consultant to the Office of the Surgeon General who determined his PhD degree in Biology does not add adjunctive skills to his primary specialty of 72D.
7. In view of the foregoing evidence, there is no basis for granting the 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 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) AR20150008367
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ABCMR Record of Proceedings (cont) AR20150008367
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