RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 February 2006
      DOCKET NUMBER:   AR20050003057


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Robert W. Soniak              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, additional constructive service
credit for his Master’s Degree, and service credit for 15 months time in
service he completed prior to entering the Health Professionals Scholarship
Program (HPSP) in August 1998.

2.  The applicant states, in effect, he should receive constructive service
credit for the time he spent completing his Master of Science (MS) degree
in Biomedical Engineering, and 15 months of service credit for the time he
spent serving in the United States Army Reserve (USAR) from the date he was
commissioned in May 1997 through the date he entered the HPSP in August
1998.  He claims that while the time he spent in the HPSP does not count
toward his time in service for pay purposes, the 15 months he spent in the
USAR while completing his master’s degree after he was commissioned should
count and his Pay Entry Basic Date (PEBD) should be adjusted accordingly.

3.  The applicant provides copies of his transcripts in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 15 May 1997, the applicant was appointed a second lieutenant in the
USAR.

2.  In the Spring of 1998, the applicant completed the requirements for and
was awarded an MS degree in Biomedical Engineering.

3.  In 2002, he completed his requirements for and was awarded a Doctor of
Medicine degree.

4.  On 14 March 2003, he was ordered to active duty as a MC captain and
assigned to Tripler Army Medical Center (TAMC), Hawaii.  He is now serving
as an orthopedic surgery resident at TAMC.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Graduate Medical Education Division, Office of The
Surgeon General (OTSG).  This OTSG official stated that a review of the
documents submitted by the applicant was completed.  She states that
Department of Defense (DOD) policy provides only for providing graduate
study constructive service credit to officers serving on active duty.  The
applicant was serving in the USAR at the time he completed his MS degree.
As a result, this official recommends the applicant not be granted
additional constructive service credit.

6.  On 13 January 2006, the applicant responded to the OTSG advisory
opinion.  He stated that many Army doctors have graduate degrees for which
they received constructive service credit, and none of them received these
degrees while they were on active duty, and that the constructive service
credit they received was for degrees barely related to their field.

7.  The applicant further states that he is actually using the knowledge he
gained through earning his master’s degree in Biomedical Engineering in
performing his current duties as a bone and joint surgeon.  He claims that
he completed a third of his degree before he was ever commissioned, and the
Army never paid a cent for this degree.  He states that for him to be
denied constructive service credit for this degree does not serve the needs
of the Army by giving him credit for work in his current military
occupational specialty (MOS), and does not make sense.  He states that
perhaps the OTSG person reviewing his case is new to his/her position
because many individuals who went through this process never had a problem.
 He claims that he is one of the very few Army doctor’s who plans on
staying in for 20 years, despite deployments and being paid 25 percent of
what his peers make.  He claims this is a basic issue and he feels he is
being treated unfairly, which makes him worry about the larger issues he
will face if he stays beyond his current contract commitment.  He states
that he worked hard to improve his skills for his current MOS without using
Army funds, and he feels he deserves the same treatment as the many other
people in the Army who have been in the same position.

8.  Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997,
Subject:  Medical Manpower and Personnel, provides the policy on awarding
constructive credit.  Paragraph 6.1 states that the entry grade credit to
be awarded shall equal the sum of constructive service credit and prior
commissioned service credit except in cases whet the totals exceed the
maximum credit allowed.  It further stipulates that a period of time shall
be counted only once.

9.  Paragraph 6.1.1.2. of the same DODI states that service on active duty
or in an active status as a commissioned officer in any of the Uniformed
Services, but not in the corps or professional specialty in which being
appointed, shall be awarded 1/2 day of credit for each day served in the
case of individuals seeking an original appointment as a health professions
officer.

10.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive
service credit.  It states that 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.

11.  Paragraph 6.1.2.2.2. of the same DODI states 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 degree, shall
be awarded based on actual full-time equivalent education up to two years
for a master’s degree and up to four year’s for a doctorate.  Paragraph
6.1.2.2.3. states that 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.

12.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department 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 Army Medical Department (AMEDD).  Chapter 3 contains
guidance on awarding entry grade credit for Reserve appointment grade
determination.  Paragraph 3-4 (Transition Credit) states, in pertinent
part, that the law and regulations in effect on the date of the appointment
will determine the grade and date of rank upon appointment.  Table 3-1
states that credit for advanced degrees may be awarded at the rate of 1
year for each year (school year).  The degree must add adjunctive skills to
the primary specialty and must contribute directly to performance in the
anticipated duty position.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the OTSG advisory opinion, there does not appear to be a
requirement that the applicant be on active duty in order to receive
constructive service credit for his advanced degree.  The governing DODI
and Army Regulation authorize constructive service credit for advanced
degrees earned prior to obtaining the medical degree required for
appointment in the current medical specialty.

2.  The evidence of record confirms the applicant attended graduate school
from May 1997 through May 1998, and that he earned a master’s degree in
Biomedical Engineering.  This advanced degree adds adjunctive skills to his
primary specialty of 61M (Orthopedic Surgery).  Therefore, he should
receive
1 year of constructive service credit for this advanced education and his
captain date of rank should be adjusted to 4 June 2002 accordingly.

3.  By law and regulation, a period of time for which constructive service
credit or prior commissioned service credit is authorized will not be
counted twice.  In addition, prior commissioned officer service credit may
be granted only for service performed in an active duty or active status as
a commissioned officer.  In this case, by his own admission, the applicant
spent the time between when he was commissioned in the USAR in May 1997 and
when he began the HPSP in August 1998 attending school obtaining his
master’s degree.  Therefore, he was not in an active USAR status and as a
result, he is not entitled to prior commissioned officer service credit, or
an adjustment to this PEBD.

4.  In addition, even if the applicant had been in an active Reserve status
during the period after he was commissioned and before he entered the HPSP,
he could not receive credit for the same period of time twice.  In this
case, this would prohibit credit for both his master’s degree and prior
commissioned officer service, which covered the same period of time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JLP__  ___DED_  __RWS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he was granted 1 year of constructive
service credit for his advanced degree in Biomedical Engineering, and by
adjusting his date of rank to captain to 4 June 2002 accordingly.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
prior commissioned officer service credit and an adjustment to his Pay
Entry Basic Date.




            ____Jennifer L. Prater______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003057                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/14                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |Partial Grant                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  229  |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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