MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           7 June 2000                   
	DOCKET NUMBER:   AR1999033743

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr.  Edwin S. Castle		Member	
	Mr.  James P. Stueve		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 his records be corrected to award him constructive service credit for advanced degrees that he earned prior to entering on active duty, and that he receive all due pay and allowances based on the award of this constructive service credit.  

APPLICANT STATES:  That he was awarded a PHD in parasitology in August 1998, and a Master of Public Health and Tropical Medicine in May 1998, in addition to his medical degree (MD) on 30 May 1998.  He is eligible for constructive service credit for advancement of rank in accordance with DOD Directive 1320.7.  He is requesting 3 years of constructive service credit for his PHD, and 2 years of constructive service credit for his Master’s degree.  His additional statements in his application require no further clarification.

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

The applicant was appointed a second lieutenant in the Army Reserve on           8 May 1992.  He was appointed a captain in the Medical Corps on 30 May 1998 and received 4 years of constructive service credit.  He was ordered to active duty with a reporting date of 15 June 1998 to the Walter Reed Army Medical Center.  

In a 1 September 1998 letter to an official of the Army Medical Command at Fort Sam Houston, Texas, the applicant requested five years of constructive credit, as indicated above, and stated that those degrees were earned separate from one another.  He included copies of his transcripts and copies of his diplomas awarding the degrees.  

In the processing of this application an advisory opinion (COPY ATTACHED) was received from the Office of The Surgeon General.  That official stated that the applicant’s [case] was reviewed on 11 March 1998 and disapproved based on information that time overlapped with medical school.

In response (COPY ATTACHED) to the advisory opinion the applicant stated that he was attending graduate/medical school at Tulane for six years, and that medical school was only four years long.  He was enrolled in an MD/MPH program, requiring extra classes, and took a leave of absence with the blessing of an official in The Surgeon General’s office to pursue his PHD in parasitology.  His quest for his Masters and his PHD did not overlap with medical school.  Since he received degrees in three different schools within Tulane University, the schools required that he earn the degrees independent of one another – no overlapping credits.  He stated that it would have taken much longer to earn all three degrees consecutively, and it was because he worked extremely hard that he was able to finish all three degrees in 6 years and 2 months.  He took the graduate school classes before and after his medical school classes, at night, and over lunches.  He also took classes and conducted research during, before, and between semesters of medical school as well as all the while during his leave of absence.  

Information from an official in the Office of The Surgeon General on 23 May 2000 revealed that the applicant’s request for additional constructive service credit had been denied on two occasions, because he had obtained those advanced degrees prior to obtaining his medical degree. 

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 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 after receipt of the basic qualifying degree (See tables 3-1, 3-3, 3-4, and 3-5).

Table 3-1 provides for constructive service credit and states that periods 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 one year for each year limited by level of degree, for additional advanced degrees (see table 3-4).  Degree must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Credit is awarded based on full-time equivalent education up to 24 months for a master’s degree or up to    36 months for a doctorate.  Additional degree must not have been earned concurrently with primary credential.  Credit includes time spent in attainment of lower degree.  Table 3-4 indicates that advanced degrees earned in parasitology and public health may qualify for additional constructive credit.  

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.  The applicant earned his PHD and Master’s degree prior to obtaining his basic qualifying degree.  Notwithstanding his efforts in obtaining those degrees, constructive service credit is awarded for advanced degrees only after receipt of the basic qualifying degree, and a period of time upon appointment can only be counted once when awarding constructive service credit.  He is not entitled to additional constructive service credit.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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 that requirement.

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

___mkp__  ___jps__  ___esc___  DENY APPLICATION

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

INDEX

CASE ID	AR1999033743	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000607	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  22	129.01	
2.		
3.		
4.		
5.		
6.