IN THE CASE OF: BOARD DATE: 10 April 2012 DOCKET NUMBER: AR20110021648 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests constructive service credit (CSC), based on his Doctor of Philosophy (Ph.D.) degree in biochemistry. 2. The applicant states: a. His advanced degree is eligible for CSC per Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.2.2.2, and Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), Tables 3-3 (Credit for Qualifying Degree or Discipline) and 3-4 (Credit for Additional Advanced Degrees). Despite these authorities, CSC was erroneously denied by the Graduate Medical Education (GME) Division, Office of the Surgeon General (OTSG), in 2010. b. His medical degree and advanced graduate degree in biochemistry were evaluated by GME in 2010. Four years of CSC was appropriately awarded for his medical degree; however, no CSC was awarded for his advanced doctoral degree in biochemistry. His CSC request was denied despite meeting established regulatory and legal criteria. c. As a resident in Occupational and Environmental Medicine, as well as Aerospace Medicine, his medical specialty relies heavily on biochemistry knowledge that serves as the underpinning of toxicology and other foundational subjects of their curriculum. As an advanced degree in a basic medical science, his biochemistry Ph.D. adds considerable adjunctive skills to augment his position as a physician and medical scientist, including comprehensive knowledge of research procedures and scientific writing necessary for the advancement of military medicine. 3. The applicant provides the following additional documentary evidence in support of his request: * transcripts, State University of New York at Buffalo, Ph.D. awarded 1 June 1996 in biochemistry * diploma, State University of New York at Buffalo, Doctor of Philosophy awarded 1 June 1996 * transcripts, Indiana University School of Medicine, Doctorate in Medicine awarded 9 May 2010 * diploma, Indiana University School of Medicine, Doctor of Medicine awarded 9 May 2010 * DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) * DA Form 67-9 (Officer Evaluation Report (OER)), for the period 9 June 2010 through 8 June 2011 * his Ph.D. biochemistry dissertation * his Officer Record Brief (ORB) * a letter of recommendation on his behalf from Lieutenant Colonel (LTC) Sxxxx, M.D., Program Director, Occupational Medicine Residency Program, U.S. Army School of Aviation Medicine, dated 31 January 2012 CONSIDERATION OF EVIDENCE: 1. On 1 June 1990, the applicant was awarded a Bachelor of Arts degree in History and a Bachelor of Science degree in Medicinal Chemistry, from State University of New York, Buffalo, NY. 2. On 1 June 1996, he was awarded a Ph.D. in Chemistry, from State University of New York, Buffalo, NY. 3. On 2 August 1999, he enlisted in the Missouri Army National Guard (MOARNG). 4. On 18 August 2002, he was honorably discharged from the MOARNG. 5. On 19 August 2002, after successfully completing the State of Missouri Officer Candidate School, he executed an oath of office and was appointed as a Reserve Commissioned Officer of the Army, in the rank/grade of second lieutenant (2LT)/O-1, in the Military Police branch. This same date, he was extended Federal recognition in the Army National Guard. 6. On 19 February 2004, he resigned his commission with the MOARNG and was transferred to the U.S. Army Reserve Control Group (Reinforcement). The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued shows he was honorably separated, in the rank/grade of 2LT/O-1, at the completion of 1 year, 6 months, and 1 day of net service. 7. On 20 February 2004, he was appointed as a Reserve Commissioned Officer of the Army, in the rank/grade of first lieutenant (1LT)/O-2, in the Medical Service Corps. 8. On 8 March 2010, in preparation for his graduation from medical school and subsequent appointment as a Medical Corps officer, a DA Form 5074-R was completed by the GME Division, OTSG. This form shows he was awarded 4 years of CSC for his Doctor of Medicine degree; however, he was denied CSC for his Ph.D. 9. On 9 May 2010, he was awarded a Doctor of Medicine degree from the Indiana University School of Medicine, Indianapolis, IN. 10. On 9 June 2010, he was appointed as a Reserve Commissioned Officer of the Army, in the rank/grade of captain (CPT)/O-3, in the Medical Corps. This same date, he entered active duty in the Regular Army, to fulfill his active duty requirement in a voluntary indefinite status, at Fort Gordon, GA. 11. On 10 January 2012, in the processing of this case, an advisory opinion was obtained from the Program Manager, GME Division, OTSG, who recommended, in accordance with DODI 6000.13, that no constructive service credit be granted for the applicant's Ph.D., because a Ph.D. in biochemistry is not a prerequisite for either his Doctor of Medicine degree or appointment in the Medical Corps. 12. On 10 January 2012, he was furnished with a copy of the advisory opinion. 13. On 1 February 2012, he submitted his rebuttal to the advisory opinion, wherein he states: * it is not his contention that his Ph.D. is a requirement for either his medical degree or appointment in the Medical Corps; rather, he is petitioning for the award of CSC for additional advanced education * Army Regulation 135-101, Table 3-3, authorizes CSC for a doctoral degree in biochemistry * his Ph.D. adds adjunctive skills to his primary specialty and contributes directly to his performance as a medical doctor * his Ph.D. was obtained in 1996, before he joined the Army and before he was appointed to the Medical Corps in 2010 14. He provides a letter of recommendation on his behalf from LTC Sxxxx, M.D., the Program Director of the Occupational Medicine Residency Program at the U.S. Army School of Aviation Medicine. In his letter of recommendation, LTC Sxxxx summarizes how relevant, important, and adjunctive biochemistry is in both the practice of medicine and the applicant's day-to-day duties. 15. Army Regulation 135-101 prescribes the policies, procedures and eligibility criteria for appointment in the Reserve Components of the Army within the six branches of the Army Medical Department. Paragraph 3-1b states that CSC will be granted for periods of professional training and experience accrued after (emphasis added) receipt of the basic qualifying degree. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should receive CSC for his Ph.D. in biochemistry. 2. His post-secondary achievements are commended; however, by evidence of record and his own admission, he received his Ph.D. prior to attaining his Doctor of Medicine degree, the basic qualifying degree for which CSC is granted. Army Regulation 135-101 states that CSC will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree. 3. Since his advanced degree was obtained before his basic qualifying degree, he does not meet the regulatory criteria for award of CSC and is not entitled to the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __x______ ____ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080009306 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021648 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1