RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050004210


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 that he be awarded an additional 15 months of
constructive service credit for his Master's Degree in Health Science
Education.  In his response to an advisory opinion, he requested, if his
initial request was denied, additional constructive service credit for his
time in the Army National Guard (ARNG) from 1999 through 2003.  If that was
denied, he requested correction of his date of rank to 17 May 2003.

2.  The applicant states Table 3-1, Rule number 4 and Table 3-4 of Army
Regulation 135-101 authorized constructive service credit for his degree as
it adds adjunctive skills and contributes directly to the implementation of
his Family Medicine specialty.  The relevance of his degree was overlooked
during his initial appointment.

3.  The applicant provides his transcripts.  With his response to the
advisory opinion, he provides a copy of his original application; the
advisory opinion with the Army Review Boards Agency cover letter; extracts
from Army Regulation 135-101; an extract from Department of Defense
Instruction (DODI) 6000.13; an information paper entitled, "Understanding
Constructive Service Credit for AMEDD Officers"; appointment orders dated
12 June 2003 and 30 September 2003; a DA Form 5074-R (Record of Award of
Entry Grade Credit (Medical and Dental Officers)) dated 14 July 2003; and a
U. S. Army Recruiting Command (USAREC) memorandum, subject:  Recommendation
for USAR Appointment without Concurrent Call to Active Duty, dated 14 July
2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded a Master's Degree in Health Science
Education, with a major in Health Education, from the University of Florida
in August 1998.  He started Doctor of Osteopathy (D.O.) training in August
1999.  He was appointed a commissioned officer in the ARNG, Medical Service
Corps, effective 22 November 1999.  He completed his D.O. degree on 17 May
2003.  He was granted temporary Federal Recognition in the grade of captain
and signed an oath of office as a captain in the ARNG of Texas on 17 May
2003.  National Guard Bureau Special Orders Number 202AR dated 6 August
2003 granted him permanent Federal Recognition as a captain effective 17
May 2003.

2.  On 12 June 2003, the applicant was appointed as a captain, Medical
Corps, in the U. S. Army Reserve (USAR) in specialty 61H (Family
Physician).  He took his oath of office on 12 June 2003.  He was awarded 4
years (for his professional degree) and 18 days (for his internship) of
constructive service credit.  A DA Form 5074-R shows he started an
internship on 1 July (sic) 2003 and that, with 18 days of excess credit, he
was given a date of rank of 24 May 2003.

3.  The applicant accepted an appointment in the ARNG, Medical Corps.  His
appointment order is dated 30 September 2003.  This order shows his date of
rank as a captain as 17 May 2003.

4.  Orders dated 7 October 2003 show the applicant was separated from the
ARNG effective 11 June 2003 and transferred to the USAR Control Group
(Reinforcement).

5.  In the processing of this case, an advisory opinion was obtained from
the Medical Corps Branch, USAREC.  That office stated the applicant's
constructive service credit was calculated correctly.  He was awarded 4
years of credit for completion of his first professional degree.  DODI
6000.13, subparagraph 6.1.2.2.2 states "Credit for master's and doctorate
degrees in a health profession other than (emphasis in the original)
medicine and dentistry, whether it is the primary degree or an additional
advanced degree, shall be awarded…."

6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He responded by stating he believed the advisory
opinion supported his request for 15 additional months of constructive
service credit.

7.  The applicant stated DODI 6000.13, paragraph 6.1.2.2.1 states "Four
years of constructive credit shall be granted for completion of First
Professional Degrees (emphasis in applicant's original) that
include…osteopathy (D.O)…"  He stated that defined his degree as a
professional degree, not a doctorate.  His master's degree is in Health
Science Education and is therefore a master's degree in a health profession
other than medicine.  He stated the DODI continues, "…whether it is a
primary degree or additional advanced degree, shall be awarded based on
actual full-time equivalent education up to two years for a master's
degree…"  He is requesting 15 months additional credit.  He stated the DOD
further states that "…No additional credit may be given for more than one
advanced degree in a single field…"  His Master's in Health Science
Education is a distinct and separate profession from the degree of
medicine.  DODI 6000.13 further states the "…adjunctive degree must add
adjunctive skills to the primary specialty and must contribute directly to
performance in the anticipated position in the Military Service concerned."
 He states Education and Family Medicine work hand-in-hand and his Masters
degree will directly contribute and enhance his work as a Family doctor and
as a Flight Surgeon.

8.  The applicant further stated that he served in the ARNG from 1999
through 2003 as an actively drilling commissioned officer.  DODI 6000.13
provides for year-for-year or 1/2 year for year credit for previous
commissioned service.  He completed the U. S. Army Flight Surgeon Primary
course and spent six weeks on a military Pediatrics rotation.  He believes
this experience is consistent with the intent of DODI 600.13, paragraph
6.1.1.

9.  The applicant stated he was provided an undated memorandum (i.e., the
information paper entitled, "Understanding Constructive Service Credit for
AMEDD Officers") in December 2003 which stated that a review of 2000
officer's records appointed between 1995 and 2000 found over 1300 dates of
rank "did not reflect the excess constructive service credit they received
on initial appointment."  He stated each person who has reviewed his case
gives a completely different account of why he should or should not receive
the constructive credit.  Each of them gives different reasons and seldom
is the reason fortified with references.

10.  The Board analyst requested a clarification of the advisory opinion
from the originator and also requested an interpretation of the pertinent
portion of DODI 6000.13 from the proponent of DODI 6000.13.  The proponent
responded first and stated he was not sure what a Master of Health Science
Education involved, but they would give credit for a Master's degree in,
say, biology, where the officer went on to become a doctor.

11.  The proponent's response was forwarded to the originator of the
advisory opinion.  She responded with her interpretation of the pertinent
portion of DODI 6000.13 by stating the applicant's D.O. degree was his
first professional degree. Since his Master of Health Education degree was
obtained prior to his qualifying degree, and was not a prerequisite for his
D.O. degree, no additional credit was awarded.  She stated credit for an
advanced degree other than medical or dental pertains to Ph.D.s and Masters
and is generally granted to individuals who are not physicians or dentists
unless it was required as part of their training (such as a Master's of
Public Health for a Preventive Medicine physician's residency training,
etc).

12.  USAREC's clarification was forwarded to the proponent of DODI 6000.13,
who stated the rationale "makes complete sense to me.  I have re-read the
DODI and agree with your interpretation.  (The applicant) should not be
given additional credit for his Master's degree that was taken prior to
going to Osteopathy school."

13.  A copy of the emails from the Board analyst to USAREC and to the
proponent of DODI 6000.13 was provided to the applicant for comment or
rebuttal.  He responded by stating the emails did not address two issues in
his appeal:  (1) his date of rank for captain should be in accordance with
his oath of office, 17 May 2003; and (2) would his Master's degree change
his date of rank for constructive credit for his initial appointment as a
second lieutenant or his date of rank for first lieutenant.  (The
applicant's USAR records show his captain date of rank as 24 May 2003.)

14.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), dated 15 February
1984, Table 3-1 states credit for additional advanced degrees (see table 3-
4) may be awarded at the rate of 1 year for each year (or school year).
The degree must add adjunctive skills to primary specialty and must
contribute directly to performance in anticipated duty position.  Table 3-4
states an advanced degree in education may qualify for additional
constructive credit.

15.  DODI 6000.13 (Medical Manpower and Personnel), paragraph 6.1. states
the entry grade credit to be awarded shall equal the sum of constructive
service credit and prior commissioned service (as outlined in the DODI)
credit except in cases where the total exceeds the maximum credit allowed.
A period of time shall be counted only once when computing entry grade
credit.

16.  DODI 6000.13, paragraph 6.1.1.2. states 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.

17.  DODI 6000.13, paragraph 6.1.2.2.1. states four years of constructive
service credit shall be granted for completion of first professional
degrees that include medical (M.D.), 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.).

18.  DoDI 6000.13, paragraph 6.1.2.2.2. states 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 up to two years for
a master's degree and up to four years for a doctorate.  Paragraph
6.1.2.2.3. states 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.

19.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers), states, in pertinent part, persons who are not USAR Soldiers
become Reserve of the Army Soldiers when they are granted permanent Federal
Recognition.
20.  Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers other than General Officers) states, in pertinent part,
rank among officers of the same grade is determined by comparing date of
rank.  Precedence or relative rank among commissioned officers on the
Reserve Active Status List (RASL) is based on eight criteria, in the order
given:  (1) current grade in which serving on the RASL; (2) current date of
rank; and six other criteria.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested he be awarded an additional 15 months of
constructive service credit for his Master's Degree in Health Science
Education, stating it adds adjunctive skills and contributes directly to
the implementation of his Family Medicine specialty.

2.  Army Regulation 135-101 and DoDI 6000.13 authorize constructive service
for a master's degree.  However, in addition to the interpretation of the
regulations given by USAREC, which was concurred in by the proponent of
DODI 6000.13, the applicant provides no evidence that his Master's degree
adds adjunctive skills to his primary specialty and contributes directly to
his performance in his duty position.

3.  The applicant also requested, if his initial request was denied,
additional constructive service credit for his time in the ARNG from
[November] 1999 through [May or June] 2003.  However, he was in Osteopathy
school from August 1999 to 17 May 2003.  He was already awarded 4 years of
constructive service credit for the period of time he was in Osteopathy
school.  DODI 6000.13, paragraph 6.1. states a period of time shall be
counted only once when computing entry grade credit.  Dual credit for the
same period of time is not authorized.

4.  With his response to the USAREC/DODI 6000.13 proponent emails, the
applicant queried whether his Master's degree would change his date of rank
for constructive credit for his initial appointment as a second lieutenant
or his date of rank for first lieutenant.  The answer is, no.  Constructive
service credit is applied to the grade in which appointed when the
constructive service credit is awarded.  When the applicant was appointed a
second lieutenant, he was not awarded any constructive service credit.  He
was not awarded any constructive service credit until he was appointed a
captain in the Medical Corps.

5.  The applicant also requested that, if all other relief was denied, his
date of rank be corrected to 17 May 2003.  This request appears to have
merit.

6.  The applicant was in the ARNG when he completed his D.O. degree on
 17 May 2003.  He was granted permanent Federal Recognition as a captain
effective 17 May 2003.  He would have been placed on the RASL as a captain
with a date of rank of 17 May 2003.  Despite his 12 June 2003 appointment
as a captain, Medical Corps, in the USAR (with a subsequent computation of
his date of rank as 24 May 2003), he should have retained his 17 May 2003
date of rank.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jpi___  __wfc___  __gjp___  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 adjusting his captain date of rank to 17 May
2003.

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
awarding him an additional 15 months of constructive service credit for his
Master's Degree in Health Science Education or additional constructive
service credit for his time in the Army National Guard from 1999 through
2003.




                                  __John P. Infante_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004210                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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