RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2007 DOCKET NUMBER: AR20060001272 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. 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, that he be granted constructive credit for his Master of Science degree in genetics and molecular biology from Adelphi University, and his Master of Public Health and Tropical Medicine degree from Tulane University. 2. The applicant essentially states that he unknowingly received inaccurate information regarding constructive credit prior to the start of his primary degree. He also states, in effect, that he was assured by a Health Professions Scholarship Program (HPSP) recruiter that either of his master’s degrees would be sufficient for 24 months of constructive credit, and that no additional limitations or restrictions were discussed. He also essentially states that before he started medical school, he had completed all but one of the requirements for the Master of Public Health degree, and that he had the option of finishing the final course and graduating with a degree in public health. He then states, in effect, that not knowing the full repercussions of this decision, he decided to wait to complete the final course for his Master of Public Heath degree at Tulane University, as this university had a policy that any additional public health classes were free if in the combined medical doctor/master of public health program. 3. The applicant provides his orders to active duty, dated 17 March 2003, and diplomas and transcripts for his Master of Science degree from Adelphi University, his Master of Public Health from Tulane University, and his Doctor of Medicine from Tulane University in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 3 June 2003, the date he entered active duty. The application submitted in this case is dated 17 January 2006. 2. The applicant provided a diploma and transcript which show that he received his Master of Science degree in Biology from Adelphi University on 31 May 1998. 3. The applicant also provided his diploma and transcript from Tulane University which shows that he received his Master of Public Health and Tropical Medicine degree on 17 May 2003. He further provided his diploma and transcript from Tulane University which shows that he received his Doctor of Medicine degree on 27 May 2003. 4. The applicant was commissioned a captain in the Army Medical Corps and entered active duty on 3 June 2003. His orders to active duty show, in pertinent part, that he was appointed in the rank of captain, and that his date of rank was to be adjusted based on constructive credit of 4 years, 0 months, and 0 days. 5. In the processing of this case, an advisory opinion was obtained from the Chief, Graduate Medical Education Division, Office of the Surgeon General. The Chief states that the applicant is requesting constructive service credit for a Masters in Public Health Degree and a Masters Degree in Genetics and Molecular Biology. Department of Defense Instruction (DODI) 6000.13 is the governing directive in granting constructive credit. In accordance with this directive paragraph 6.1.2.2.2, credit for the additional degree, Masters in public Health, shall be awarded based on actual full-time equivalent education of up to 2 years for the masters degree. Credit can only be given for time prior to commissioning, and since the degree was awarded in conjunction with the Medical Degree in May 2003, the Chief, Graduate Medical Division recommends 18 months of constructive service credit for the 43 hours that were completed prior to commissioning. In addition the same paragraph states that no additional credit will be given for more than one advanced degree. 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. It is considered that the degree in genetics/ molecular biology does not enhance performance as an Internal Medicine Physician. Therefore, the recommendation is not to award any service credit for the Masters in Genetics/Molecular Biology. It should be noted that the advisory opinion was obtained prior to discovering that the applicant earned his Master of Public Health and Tropical Medicine at the same time he earned his Doctor of Medicine degree. 6. A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal. The applicant responded by essentially stating that he unknowingly received inaccurate information regarding constructive credit prior to the start of his primary degree. He also stated, in effect, that he was assured by a HPSP recruiter that either of his master’s degrees would be sufficient for 24 months of constructive credit, and that no additional limitations or restrictions were discussed. He also essentially stated that before he started medical school, he had completed all but one of the requirements of the Master of Public Health degree, and that he had the option of finishing the final course and graduating with a degree in public health. He then states, in effect, that not knowing the full repercussions of this decision, he decided to wait to complete the final course for his Master of Public Heath degree at Tulane University, as this university had a policy that any additional public health classes were free if in the combined medical doctor/master of public health program. He continued by stating, in effect, that his Master of Science degree from Adelphi University does in fact add adjunctive skills to his primary specialty, and that biochemistry, molecular biology (which is an area of biochemistry), immunology, and microbiology are all areas that are listed in table 3-4 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches). The applicant also clarified that paragraph 6.1.2.2.1 of DODI 6000.13 actually states, “No additional credit will be given for more than one degree in a single field or closely related field,” and that since his degree in public health and his Master’s degree from Adelphi University are not in the same field, this limitation does not apply. 7. DODI 6000.13, paragraph 6.1.2 governs constructive service credit. This paragraph states, in pertinent part, 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. 8. DODI 6000.13, paragraph 6.1.2.2.2 states, in pertinent part, that credit for master’s and doctorate degrees in a health profession other than medicine or dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education up to 2 years for a master’s degree and up to 4 years for a doctorate. Credit may not include time spent in attainment of baccalaureate or other lower degrees. No additional credit may be given for more than one advanced degree in a single field, or closely related field. The total credit for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate. 9. Table 3-1 of Army Regulation 135-101 essentially states, in pertinent part, that credit for an additional advanced degree must not have been earned concurrently with primary credential. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should be granted constructive credit for his Master of Science degree in genetics and molecular biology from Adelphi University, and a Master of Public Health and Tropical Medicine degree from Tulane University. 2. The advisory opinion, which was obtained prior to discovering that the applicant earned his Master of Public Health and Tropical Medicine degree at the same time as his Doctor of Medicine degree, was not fully accepted. While the Board does not doubt the veracity of the applicant’s claim to entitlement to constructive service credit for his Master of Public Health and Tropical Medicine, Table 3-1 of Army Regulation 135-101 clearly states that credit for an additional advanced degree must not have been earned concurrently with the primary credential. As the applicant earned his Doctor of Medicine, his primary credential, at the same time as his Master of Public Health and Tropical Medicine while attending Tulane University, his Master of Public Health and Tropical Medicine cannot be used for constructive service credit purposes. 3. The applicant’s contention that courses in biochemistry, molecular biology, immunology, and microbiology that were completed as part of his Master of Science degree in Biology with Adelphi University add adjunctive skills to his primary specialty was noted. However, his actual advanced degree from Adelphi University was Biology, which is not listed in Table 3-4 of Army Regulation 135-101 as a specialty which may qualify for additional constructive credit. Therefore, there is no basis for granting the applicant constructive service credit for his Master of Science degree in Biology from Adelphi University. 4. However, the applicant’s orders to active duty clearly state that his date of rank is to be adjusted based on constructive credit of 4 years, 0 months, and 0 days. Therefore, he is entitled to correction of his military records to show that his date of rank to captain should be adjusted from 3 June 2003 to 3 June 1999. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___WP__ __PS____ ___JP __ 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 date of rank to captain from 3 June 2003 to 3 June 1999. 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 constructive credit for his Master of Public Health and Tropical Medicine degree or his Master of Science in Biology degree. _____ William Powers_________ CHAIRPERSON INDEX CASE ID AR20060001272 SUFFIX RECON YYYYMMDD DATE BOARDED 20070313 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION REVIEW AUTHORITY AR 15-185 ISSUES 1. 102.0800.0000 2. 3. 4. 5. 6.