PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 February 1999                   
	DOCKET NUMBER:   AC97-10071
				   AR1998012646

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded constructive credit for his period on active duty as an optometrist.

3.  The applicant states that he is currently a pediatric ophthalmologist.  He was an optometrist from August 1983 – August 1986 with a doctorate in optometry.  He had been awarded fours years of constructive credit, came on active duty as a Captain, served three years and then went to medical school.  He came back on active duty as an intern in the summer of 1990 as a new Captain.  He was told he would be given half credit for his optometry time on active duty but none for his optometry degree.  He checked several times but was always given the same answer, that optometry degrees do not add constructive credit to Medical Corps time.  He then saw a newsletter article about a veterinarian turned physician who received credit for his veterinarian degree towards his current time in the Medical Corps and notes it as a precedent case.  He states his current specialty of pediatric ophthalmology is greatly enhanced by his degree and knowledge as an optometrist.  He includes several letters to support this.  He states that certainly these two degrees complement each other much better than does a veterinarian degree and a medical degree.

4.  The applicant's military records show that he was appointed a Second Lieutenant in the U. S. Army Reserve on 8 August 1979 and was accepted for appointment in the U. S. Army Health Professions Scholarship Program.  He completed his Doctorate of Optometry degree in 1983 and was ordered to active duty on 4 August 1983 as a Captain, serving as an optometrist.  He was released from active duty in 1986, attended medical school, and re-entered active duty as a Captain in June 1990.  His specialty is 60S9B, ophthalmologist.

5.  On 15 January 1991, the Office of the Surgeon General notified the applicant that his doctorate in optometry had been evaluated and determined not to comply with the regulation as adding adjunctive skills to the specialty in which he was currently training.  He was awarded 1 year, 6 months and 2 days credit for his prior commissioned service as a Medical Service Corps Officer and a total of 5 years, 6 months and 2 days of constructive credit. 

6.  Army Regulation 135-101 provides policy for the appointment of reserve commissioned officers for assignment to Army medical branches.  In pertinent part, it provides that a physician may be awarded constructive service credit for an additional advanced degree (other than medical or osteopathic) if that degree contributes adjunctive skills to the primary specialty and if it was not earned at the same time as the basic qualifying degree.  Table 3-1 provides that credit for additional advanced degrees is awarded based on full-time equivalent education up to 36 months for a doctorate.  Table 3-4 exempts advanced degrees earned in Optometry and Veterinary medical specialties from being used to award additional credit unless approved by the Secretary of the Army or designee on a case-by-case basis.

7.  Two letters of support provided with his application note:  “His performance as both an ophthalmologist and a pediatric ophthalmologist has been tremendously aided and improved by his additional advanced degree and training as an optometrist….Allowed ____ to integrate the two fields of eye care to provide total care to the patient;” and “This experience has helped him practice excellent care in refraction and contact lens fitting, areas that ophthalmologists are traditionally lacking. …greatly aided his practice as an ophthalmologist.  This additional training has been invaluable in teaching optics and refractions to …”

8.  In the processing of this case, an advisory opinion was obtained from the Medical Education Directorate, U. S. Army Medical Command.  The opinion noted that the Directorate consistently had not granted entry grade credit for health care degrees, including dentistry, veterinary medicine and/or optometry.  It cited Department of Defense (DoD) Directive 6000.13, which states that “Additional credit in unusual cases based on special education or experience, can be granted by the Secretary of (the) Military Department.  As determined by the Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers.  Based upon a careful review of the applicant’s request, the Directorate did not support his request.

9.  The applicant cited a precedent case wherein the Board awarded a prior service veterinarian, who returned to active duty as a medical doctor, constructive credit for his veterinarian degree.  As supporting documentation, that applicant had noted that his (then) current position was the Chief of Combat Anesthesia Service, Walter Reed Army Institute of Research.  He was responsible for designing animal experiments to develop ultra-long duration local anesthetics and analgesics.  He had to design animal models for pain research and conduct the necessary animal protocols.  Those protocols accounted for nearly 100 percent of his research effort.  He trained residents in anesthesiology in the design, implementation and conduct of animal research.  He created a veterinary pathology graduate training program to be operated with the Department of Pathology at Georgetown Medical School and the Combat Anesthesia Research Service.  His letters of support included such statements as:  “…will significantly benefit the quality … of the Anesthesiology Branch of the Walter Reed Army Medical Center by providing a top-notch research program in which to expose and involve anesthesiology residents….added a research capability within the Combat Casualty Care, research area of the medical Research and Development Command which was lacking prior to his entrance…;” “…may facilitate the future addition of a fellowship subspecialty training program in pain….past experience in veterinary medicine has allowed him to develop multiple animal models which have lead to advances in ultra-long duration local anesthesia.  He has developed…will be the patent holder.  This product has advanced from animal studies to an investigational new drug application which will…;” and “Both projects are aimed at far forward field anesthesia and hold great promise for significant improvements in casualty care. Both projects require the use of sophisticated animal model systems.”  Based upon that supporting documentation, the Chief of Graduate Medical Education recommended that that applicant be given constructive credit.

CONCLUSIONS:

1.  At the time of his appointment in the Medical Corps, in addition to his medical degree, the applicant had previously obtained a degree in Optometry and had served on active duty in the Medical Service Corps as an optometrist.

2.  In accordance with applicable regulations, the applicant was awarded constructive service credit for his medical degree (4 years) and ½ credit for his prior commissioned active duty service (1 year, 6 months and 2 days), for a total of 5 years, 6 months and 2 days of constructive credit, which qualified him for appointment in the Medical Corps in the rank of captain.

3.  Also, in accordance with applicable regulations the applicant was not given any credit for his Optometry degree.  This was also in keeping with the opinion of the director, Medical Education, Fort Sam Houston, TX.

4.	However, the Board has granted relief to other individuals with degrees in optometry, veterinary medicine and dentistry.  Notwithstanding the advisory opinion obtained in the applicant’s case and despite the disparity the Board finds between his circumstances and the circumstances in the cited precedent, the Board is predisposed to granting relief in this case and is of the opinion that the applicant’s Optometry degree does add adjunctive skills to his specialty of ophthalmology.

5.	In accordance with Table 3-1, Army Regulation 135-101, credit for an additional advanced degree may be awarded based on full-time equivalent education up to 36 months.  Consequently, the applicant should be given a total of 8 years, 6 months and 2 days constructive service credit, thereby adjusting his total entry grade credit.

6.  If this additional constructive service credit would have made him eligible for appointment in the next higher grade or changes his date of rank for promotion to the next higher grade, then his records should be corrected accordingly.

7.  Likewise, if the additional constructive service credit and/or adjustment of his date of rank causes him to be eligible for promotion consideration at an earlier date or promotion reconsideration, his records should be placed before a promotion special selection board(s) and, if selected for promotion, he should be promoted at the earliest date he became/becomes eligible, provided he was/is otherwise qualified.

8.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded an additional 3 years of constructive service credit for his Optometry degree upon initial appointment in the Medical Corps, thereby adjusting his total entry grade credit to 8 years, 6 months and 2 days.

2.	That if this additional constructive service credit would have made him eligible for appointment in the next higher grade or changes his date of rank for promotion to the next higher grade, his records should be corrected accordingly.

3.  That if the additional constructive service credit and adjustment of his date of rank causes him to be eligible for promotion consideration or reconsideration, his records should be placed before a promotion special selection board under the appropriate criteria and, if selected, he should be promoted on the earliest date he became/becomes eligible, provided he is or was otherwise qualified, with entitlement to any back pay and allowance flowing from these corrections.

4.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__JHL___  __AAO__  __VBC__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC97-10071/AR1998012646	
SUFFIX		
RECON		
DATE BOARDED	19990204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.07	
2.		
3.		
4.		
5.		
6.