MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 December 2000  
	DOCKET NUMBER:   AR1999031770

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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:  In effect, that he receive five additional years of constructive service credit.

APPLICANT STATES:  In essence, that he completed five additional years of schooling, 2 years for a masters of science (MS) degree and 3 years for a doctorate of philosophy (Ph.D.) degree.  He claims that these degrees were not taken into consideration at the time he was awarded constructive service credit for his doctorate of medicine (M.D.) in June 1999.  He submits various school transcripts, diplomas and abstracts/tables of content for his MS and Ph.D. theses.

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

The applicant completed a Bachelor of Science (BS) degree program in Psychology at Dartmouth University, New Hampshire, presumably in June 1992. 

The applicant's records are somewhat incomplete, but on or about 27 August 1993, he was entered into the Health Professional Scholarship Program (HPSP). He would have been appointed and commissioned as a second lieutenant, Army Medical Service Corps.  He attended a Medical Officer Basic Course during the summer of 1994. 

University transcripts from Dartmouth University show that he began Medical School at Dartmouth in the fall of 1993.  He completed 3 years of medical school during the 1993-1994, 1994-1995 and 1995-1996 school years and earned a total of 123 course credits.  He then took a leave of absence during the 
1997-1998 school year, but earned three Medical School course credits for one course during that year.  In the summer and fall 1998 terms he earned eight more course credits for each term, and for the winter and spring terms 1999, he earned eight and five credits, respectively.  Therefore, on 13 June 1999, he graduated from the Dartmouth University Medical School with an M.D.  He had a total of 155 course credits.  

Concurrently with his attendance at Dartmouth, he also was awarded an MS in Physiology on 30 May 1997 and a Ph.D. in Physiology on 18 May 1999.  
Some of his course credits were based on credits transferred from the Dartmouth University Medical School from the fall term of 1993 through the summer term of 1997.  

On 15 June 1999, he was appointed and commissioned in the Medical Corps, USAR, with the rank of captain.  His designated military occupational specialty is MOS 61U (Pathologist) and his functional area secondary MOS is MOS 
62B (Field Surgeon).  His basic active service duty date was 15 June 1999.  At that time, an automated version of DA Form 5074-R ( Record of Award of Entry Grade Credit (Medical and Dental Officers)) shows that he was given 4 years constructive service credit for his M.D. in accordance with chapter 3, Army Regulation 135-101.  He is currently serving at Walter Read Medical Center.  His service obligation ends on 30 June 1908.  

In connection with his application, an advisory opinion was obtained from the Office of the Surgeon General which indicated that his case had been previously reviewed and that "…we did not give him credit for both Masters and PHD since both were in the same discipline (Physiology).  We gave him the max credit he could get under the circumstances which was 3yrs for the PHD.  You can't give anyone credit for the same specialty or the same period of time."  

This opinion was referred to the applicant, who responded that he concurs with the credit for 3 years for his Ph.D. courses, but that, in fact, his MS was in a different discipline.  He was granted a leave of absence while in Medical School and the Army required him to earn a MS, which he earned.  While the title of the MS is shown as "physiology," the core of the curriculum was in "pathology."  He then goes on to state that he was so excited about his MS study effort, that he went on and earned his Ph.D. in Physiology.  He submits extracts of his thesis work for both his MS and his Ph.D. programs of study.  Almost no course credit from his MS program of study was transferrable to his Ph.D. course program.    Therefore, he requests 2 years credit for his MS program of study, as well as 
3 years for his Ph.D. program of study.  

Army Regulation 135-101 prescribes the policy, procedures and eligibility criteria for appointment in the Reserve components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  

Chapter 3 provides for grade and date of rank upon appointment.  Paragraph 
3-1 states that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.  Entry grade credit upon appointment or assignment will be recorded on a DA Form 
5074-R for medical and dental officers.  A period of time will be counted only once when computing entry grade credit.  Constructive service credit will be granted for periods of professional training and experience accrued upon receipt of the basic qualifying degree.

Table 3-1 provides for constructive service credit and states that period of time spent as a commissioned officer either in an active status or on active duty will not be counted.  That table shows that 4 years of constructive service credit is awarded for a basic qualifying degree, i.e., M.D., and 1 year for each year of study for additional advanced degrees.  The advanced degree must add adjunctive skill to the primary specialty and must contribute directly to performance in anticipated duty positions.  Credit is awarded based on the full time equivalent education up to 24 months for a masters degree and 36 months for a doctorate.  Additional degrees must not have been earned concurrently with the study required to obtain the primary credential.  Credit includes time spent in attainment of a lower degree.  No additional credit will be given for more than one degree in a single field.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and the advisory opinion, 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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record shows that the applicant, while attending the Dartmouth University Medical School under the HPSP from the fall of school year 1993 through the spring of school year 1999, obtained an MS and a Ph.D. in Physiology.  His MS and Ph.D. degrees were earned and awarded in May 1997 and May 1999, prior to the award of his M.D. degree in June 1999.  He did take a 1-year leave of absence to take courses in connection with his advanced studies. 

3.  Notwithstanding the advisory opinion from the Office of the Surgeon General, the applicant was, in fact, given 4 years constructive service credit for his basic M.D. degree.  No credit was given for either his MS or Ph.D. studies at Dartmouth between 1997 and 1999.  

4.  This constructive service credit award was consistent with Army Regulation 135-101.  Essentially, he obtained his MS and Ph.D. degrees in conjunction with his medical school studies.  While the study disciplines may have been associated with his current AMEDD specialties, nevertheless, table 
3-1 precludes award of additional constructive service credit for professional degrees earned prior to award of the basic qualifying degree.  

5.  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

__amc___  __alr____  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031770	
SUFFIX		
RECON		
DATE BOARDED	20001205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.