MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 May 2000
	DOCKET NUMBER:   AR1999031287

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

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be granted 2 years of constructive credit towards time-in- grade for his Master of Science in Finance Degree from Florida International University (FIU). 

APPLICANT STATES:  That his active duty date of rank (DOR) for captain should be adjusted to reflect 2 years of constructive credit for the Masters Degree he received prior to re-entering the military in 1994.  He goes on to state that at the time he earned his degree from FIU he was neither in the military nor did he receive any type of compensation from the military with respect to obtaining his degree.  He further states that he believes his Masters of Science in Finance from FIU’s School of Business Administration to be relevant in having a positive impact on his future as a military physician and will be especially beneficial during any possible future assignments as a hospital administrator/commander.  He also states that he served on active duty as a commissioned officer from 28 May 1980 to 23 May 1987 and that from the period 23 May 1987 to 15 April 1994 (the period in which he earned his degree) he was not serving in any capacity in the military.  In support of his application he submits a copy of his transcripts for a Master of Science Degree in Finance from FIU in 1990 and a Master of Science Degree in Management from Webster College in 1982.

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned as a Regular Army (RA) second lieutenant (2LT) upon graduation from West Point on 28 May 1980.  He served on active duty as an air defense officer and was promoted to the rank of captain on 1 February 1984.  He continued to serve until he was honorably discharged on 23 May 1987,  He had served 6 years, 11 months, and 26 days of total active service.

On 4 May 1994 he was appointed as a USAR 2LT and entered his first year as a medical student on 11 August 1994 at the Uniformed Services University of the Health Sciences under the Health Professional Scholarship Program (HPSP).

The Office of the Surgeon General (OTSG) reviewed the applicant’s service and credentials on 12 April 1999, which included his two Masters degrees and awarded him no constructive credit for those degrees.

On 15 May 1999 he was commissioned as a RA captain in the Medical Corps and was granted 7 years, 5 months, and 28 days of constructive credit for active duty grade determinations.  His orders also indicate that he had a 9-year active duty service obligation (ADSO) which included obligation of 1 year of internship training for the first year Graduate Medical Evaluation Program in Psychiatry. 

In the processing of this case a staff advisory opinion was obtained from the OTSG which opined, in effect, that his credentials were reviewed in April 1999 and it was determined that the applicant’s credentials upon graduation from medical school do not meet the criteria for constructive credit under the Department of Defense Directive, in that, his Masters Degrees add no unique qualifications, they do not result in medical school credit, does not shorten any residency, does not add adjunctive skills to internship training, and does not result in any special consideration in the civilian sector.  

The advisory opinion was provided to the applicant who responded to the effect, that while he agrees that his advanced degree did not shorten his residency or add adjunctive skill to his internship training, constructive credit was given to several of his colleagues for similar degrees which did not shorten their residency or impact on their internship training.  He also states that he believes that his degree from FIU does add adjunctive skills that will result in special consideration in his career as a doctor, both in the military and civilian sector.  He further states that his advanced degrees add unique qualifications and will enable him to better perform in various assignments such as department chief, program director, and hospital commander; all of which will require management and financial skills which are not taught in medical school.  He goes on to state that today’s medical environment is constantly faced with financial constraints and his advanced degrees will enable him to more effectively interact and work in the current medical system. 

Army Regulation 135-101 provides the policies and eligibility requirements for constructive credit for medical corps officers.  It states, in pertinent part, that credit for advanced degrees must add adjunctive skills to the primary specialty and must contribute to the performance in an anticipated duty position.  The regulation also provides a list of advanced degrees that may qualify for constructive credit for medical and dental corps specialties.  Neither finance or management are listed. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s advanced degrees were previously considered for award of constructive credit by the Departmental agency responsible for such determinations and that agency determined that he was not entitled to constructive credit under the criteria established by the applicable regulatory guidelines.  

3.  After reviewing the applicable regulatory guidelines, the Board is inclined to agree with the OTSG that the applicant is not entitled to constructive credit for his advanced degrees.  While it can be argued that an advanced degree in finance and/or management would be helpful in almost any specialty or profession, the applicable guidelines do not provide for constructive credit for those degrees when applied to the medical professional specialties.  Accordingly, there appears to be no basis to award him constructive credit for advanced degrees that would otherwise be denied to others in similar circumstances. 

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___cmf __  ___fe___  __rjw____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999031287	
SUFFIX		
RECON		
DATE BOARDED	2000/05/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700/CONST SVC	
2.		
3.		
4.		
5.		
6.