PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 October 1999                   
	DOCKET NUMBER:   AR1999020795

	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	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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 correction of his military records to show constructive service credit for a doctorate in Dental Surgery (DDS) earned prior to his entry on active duty following completion of medical school.

3.  The applicant states that he was given 8 years, 6 months and 6 days constructive credit for his basic medical degree and additional constructive service credit for his prior active duty service.  He entered an Otolarngology (the treatment of the ear, nose and throat) residency on 1 July 1987 and is currently Chief and Program Director of th
e Otolaryngology-Head and Neck Surgery Program at Madigan Army Medical Center and Co-director of the Maxillofacial Trauma Team.  He has used his adjunctive dental and oral surgical skills on a daily basis since beginning his residency training in 1987.  He is requesting 4 years credit for his dental training.  Supporting evidence is as listed on the DD Form 149.  

4.  The applicant’s military records show that he attended dental school under the Health Professions Scholarship Program (HPSP) for 4 years and graduated with a DDS degree on 29 May 1978.  He entered active duty as a U. S. Army Reserve Dental Corps officer on 21 June 1978.  He was released from active duty on      16 July 1983.  On 2 July 1984, he entered medical school under the HPSP.  He re-entered active duty as a Medical Corps officer, as a captain with a date of rank of 9 December 1981, on 15 June 1986.  He was awarded 8 years, 6 months and 6 days of constructive service credit.

5.  The applicant served as an intern from 15 June 1986 through on or about     27 May 1987.  On or about 16 July 1987, he became a resident in Otolaryngology and has worked in that specialty throughout his career.

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 is granted 4 years of constructive service credit for his basic qualifying medical degree.  It also provides that a physician may be awarded further credit of an additional advanced degree if that degree contributes adjunctive skills to the primary specialty and it was not earned at the same time as the basic qualifying degree.  The Office of the Surgeon General (OTSG) provides policy and guidance on such determinations. 

7.  In the processing of this case, an advisory opinion was obtained from the Graduate Medical Education Division, OTSG that recommended disapproval of the applicant’s request.  That office did note that the Board has established precedence in granting credit and cited a precedent case’s docket number.

8.  The advisory opinion was provided to the applicant for rebuttal.  He states that his most recent Officer Evaluation Report reflects the dual nature of the MD and DDS degree in his current job.  He lost 4 years in grade by expanding his knowledge base in surgery of the head and neck as it relates to his mission in the Army Medical Department.  He qualifies for 4 years credit in grade for adjunctive skills he obtained while in dental school.

9.  The Board reviewed the cited case and the Graduate Medical Education Division’s advisory opinion to it.  That applicant had attained the rank of major during his prior active duty as a Dental Corps officer; however, he returned to active duty in the Medical Corps in the rank of captain.  That office provided an opinion regarding the propriety of granting constructive service credit for a DDS degree to ____ who was then in medical specialty training in otolaryngology.  That office concurred with his request to award constructive service credit for an advanced degree based on the nature of his advanced degree of DDS and his then current status.  That office noted that his DDS degree did add adjunctive skills to his anticipated primary specialty and also contributed directly to his performance, training and patient care and that a physician with a DDS was better capable of providing for the overall health of the command.  While constructive service credit was properly not awarded to individuals who have not completed internship training, the award of such credit is appropriate upon entry into residency training because physicians are productive in patient treatment during this period of advanced training.  Therefore, an additional advanced degree can add adjunctive skills and contribute directly to training and patient care performance.  

10.  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. 

CONCLUSIONS:

1.  In addition to his current medical degree, the applicant had previously obtained a degree in Dental Surgery, served on active duty as a Dental Corps officer, and held that degree at the time of his appointment in the Army Medical Corps.

2.  At the time of his entry on active duty as a Medical Corps officer, the applicant was awarded 4 years of constructive service credit for his basic medical degree, plus credit for his active service for a total credit of 8 years, 6 months and 6 days, but he was not awarded the 4 additional years of constructive service credit for his DDS.

3.  Notwithstanding the advisory opinion of the OTSG, the applicant’s circumstances are nearly exactly the same as for their cited case in which they did recommend approval.  _____ was then in medical specialty training in otolaryngology, as is this applicant.  That office concurred with his request to award constructive service credit for an advanced degree based on the nature of his advanced degree of DDS and his then current status.  That office noted that his DDS degree did add adjunctive skills to his anticipated primary specialty and also contributed directly to his performance, training and patient care and that a physician with a DDS was better capable of providing for the overall health of the command.  The only difference was that the applicant in the cited case had been promoted to major while he was a Dental Corps officer and held that rank while he was in the U. S. Army Reserve and attending medical school.  However, this fact is not mentioned by OTSG in their advisory opinion and so the Board concludes that OTSG did not consider it relevant in giving their favorable opinion. Therefore, the Board concludes the relevant circumstances are exactly the same and the applicant should be given the 4 years additional constructive service credit.

4.  If the applicant is awarded an additional 4 years of service credit, an adjustment of his eligibility dates for promotion consideration to the rank of major and lieutenant colonel would normally be made.  Then the officer’s records would be referred to special selection boards for promotion consideration.  However, since the applicant has already been promoted to the ranks of major and lieutenant colonel, it would be inherently unfair to refer his records once again to promotion selection boards.  It would be more appropriate to administratively adjust his effective dates of promotion and dates of rank in connection with the adjustment actions required by the decision in this case.

5.  However, if such an administrative adjustment to the applicant’s effective date of promotion and date of rank to lieutenant colonel would have made him eligible for promotion consideration to the rank of colonel during some past promotion board, then it would be appropriate to refer his records to a special selection promotion board for promotion consideration to the rank of colonel.

6.  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 applicant was awarded 4 additional years of constructive service credit at the time of his entry on active duty as a Medical Corps officer on 15 June 1986.

2.  That upon completion of the above correction the applicant’s effective dates of promotion to the ranks of major and lieutenant colonel be administratively adjusted to an appropriate date 4 years earlier than the current effective dates of promotion to those ranks without referral to further promotion selection boards to those ranks.

3.  That following administrative implementation of the foregoing, the applicant’s records be submitted to any duly constituted special selection board to which he may be entitled for promotion consideration to the rank of colonel.

BOARD VOTE:  

__jhl___  __kak___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020795	
SUFFIX		
RECON		
DATE BOARDED	19991014	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.01	
2.		
3.		
4.		
5.		
6.