BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160004106 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160004106 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160004106 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 reconsideration of his request for 2 years of constructive service credit (CSC) for his Master's degree in Physician Assistant Studies (MPAS) and that his date of rank be adjusted accordingly. In addition, he requests a personal appearance hearing. 2. The applicant states he believes he met the requirements prior to attending medical school. a. He met the requirements according to Congressional legislation and Army regulations for 2 years of CSC in accordance with Title 10, U.S. Code, section 12207(b)(1)(a) and (b); Department of Defense Instruction (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs)); and Army Regulation (AR) 135-100 (Appointment of Commissioned and Warrant Officers of the Army). b. He restates the law (Title 10, U.S. Code, section 12207(b)(1)(a) and (b)) wherein a Reserve commissioned officer of the Armed Forces for whom advanced education or training is required and who has advanced education shall be credited with 1 year for each year of advanced education for appointment into a health profession (other than medicine and dentistry) beyond the baccalaureate degree. c. DODI 6000.13, dated 30 June 1997, paragraph 6.1, stated entry grade credit is the sum of CSC and prior commissioned service except in cases where the total exceeds the maximum credit allowed. d. DODI 6000.13, paragraph 6.1.2, states CSC is provided to individuals who begin commissioned service after obtaining the additional education with a grade and rank comparable to officers who begin commissioned service after getting a baccalaureate degree. e. DODI 6000.13, paragraph 6.1.2.2.2, states credit for master’s and doctoral degrees in a health profession other than medical and dentistry shall be awarded based on actual full-time equivalent education up to 2 years for a master’s degree. The individual degree must add adjunctive skills in the anticipated position. f. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides in paragraph 3-1(b) that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree. Doctors of Medicine are awarded 4 years of CSC. g. In its decision the Board relied on an erroneous advisory opinion from the Office of the Surgeon General (OTSG) The three main arguments were OTSG said he could not receive CSC for both his medical degree and master's degree. Based on his research, other individuals were awarded CSC for their medical degree and advanced degrees. Secondly, it is an erroneous opinion that his MPAS does not add tangible value to his primary specialty as a primary care physician. He argues his MPAS affords him skills and training that others in his specialty (radiology) do not have. He lists the various medical specialties that his MPAS provides to him as a radiologist and brigade surgeon. He asserts his MPAS adds adjunctive skills. In his third argument he disagrees with OTSG position that his MPAS will not allow him to advance in training or obtain specialty board certification ahead of his peers. In his research of DODI 6000.13 there is no requirement that his MPAS contribute to early graduation or early specialty board certification. From his research on the DOD Boards of Review Reading Room found online, there are several cases that support his position. He provides them as evidence. h. He further states in summary: * he provides new evidence and argument to substantiate the Army committed an injustice against him by unfairly denying his previous application * he should receive equitable treatment by waiving the statute of limitations for timely filing of his application as he missed the 1-year time limitation for requesting reconsideration * he does not believe he received due process * it is a biased process; the Army Board for Correction of Military Records (ABCMR) agreed with the advisory opinion from the OTSG in every case – whether it was a denial or approval * OTSG and the ABCMR were specifically critical of the topic of adjunctive skills in his case * his current specialty is serving as a brigade/regimental surgeon in which he serves as a primary care physician * it is time for the Army to update AR 135-101, as this regulation is over 31 years old and does not reflect some of the current advanced degrees * he has presented significant new evidence and a valid argument for reversal of his initial CSC denial 3. The applicant provided the following enclosures (listed as identified by the applicant): * Enclosure 1. DA Form 5074 (Record of Award of Entry Grade Credit) * Enclosure 2. OTSG, GMED advisory opinion * Enclosure 3. Applicant's initial case (AR20090012657) * Enclosure 4a. physical therapist initial proceedings (AR20080020084) * Enclosure 4b. physical therapist reconsideration request (AR20090017969) * Enclosure 5. biomedical sciences proceedings (AR20070000516) * Enclosure 6. psychology proceedings (AR20070009494) * Enclosure 7. pharmacy proceedings (AR20060006849) * Enclosure 8. pharmacy proceedings (AR20090009829) * Enclosure 9. physiology proceedings (AR20060005666) * Enclosure 10. Masters in Public Health proceedings (AR20070017437) * Enclosure 11. immunology proceedings (AR20070000496) * Enclosure 12. microbiology proceedings (AR20060012129) * Enclosure 13-15. physician assistants proceedings (AR20070001773, * AR20090004900, and AR20070018347) * Enclosure 16a. promotion orders 216-002, dated 4 August 2009 * Enclosure 16b. Masters of Human Relations (AR20070001773) * Enclosure 17. Administrative closure of applicant's reconsideration request (AR20110000752) * Enclosure 18. Officer Record Brief (ORB) * Enclosure 19. Bachelor of Science Diploma * Enclosure 20. Master of Physician Assistant Studies Diploma * Enclosure 21. Master of Physician Studies Specialization Certificate in Family Medicine * Enclosure 22. Transcript from the University of Nebraska, Master of Physician Assistant Studies * Enclosure 23. Doctor of Medicine Diploma * Enclosure 24. DA Form 71 (Oath of Office) COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests that the Board grant the applicant 2 years of CSC for the Master's degree he earned in MPAS prior to earning his medical degree at the Uniformed Services University of Health Sciences (USUHS) and an adjustment of the applicant's date of rank based on correction of his CSC. 2. Counsel states in summary: a. Based upon the compelling facts of this case and the new evidence submitted (see attachments), it is critical that the Board consider the applicant’s new application. In the interest of justice and equal treatment of applicants, the Board must consider the merits of the applicant's case. Applying the 3-year time limit will result in further injustice. They are confident the Board will find the Army's prior decision to deny the applicant CSC was a grave error and an injustice. b. The OTSG advisory stated the applicant’s advanced degree in MPAS did not tangibly add any value to his primary specialty stating this degree will not allow him to advance in training or obtain specialty board certification ahead of his peers. The OTSG made this arbitrary statement that has no basis in fact. c. The applicant provided a statement, dated 11 January 2016, explaining his role as a Regimental Surgeon for the 3rd U.S. Infantry Regiment, Fort Myer, VA. Specifically, in this role, the applicant's unit provides medical care to over 1,700 Soldiers. He personally provides care to Soldiers and supervises physician assistants and 44 combat medics who provide care to the nation's Soldiers. The applicant’s MPAS degree had a focus on primary care and the knowledge gained during this degree is instrumental in performing his duties at the Regimental Aid Station. In essence, his MPAS degree has enabled him to not only provide outstanding care to Soldiers, but he is also more proficient in his supervisory duties of the physician assistants and medics who provide care to Soldiers. His MPAS degree will continue to assist him in all future Army positions as he continues to provide the best care possible to service members. d. Colonel B____, the U.S. Army Command Surgeon, United States Northern Command, Joint Force Headquarters National Capital Region, Fort McNair, Washington, DC, provided a detailed statement in which he discussed the applicant's duties as the Regimental Surgeon for the 3rd U.S. Infantry Regiment at Fort Myer, VA. Colonel B____ stated: * the applicant has the arduous task of serving outside of his primary specialty * in his current position he spends most of his clinical time seeing patients as a primary care physician * he rarely performs radiology at the local health clinic * it is not uncommon for a medical specialist to struggle in this capacity * the applicant was able to easily assume his duties as a direct result of his previous knowledge and training while earning his MPAS * the applicant possesses a breadth of knowledge and adjunctive skill set that very few non-primary care physicians can claim * this contributes directly to his current and future jobs f. When determining whether CSC should be granted, prior cases adjudicated before the Board have always hinged on the following criteria: The degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated duty position. g. In this case, equity and justice require the applicant to be awarded CSC for each year of his MPAS degree. One of the applicant’s colleagues earned a degree in Human Relations prior to medical school and was awarded 2 years of CSC for this degree. Human Relations is not listed in Table 4 of AR 135-101 as an authorized degree. However, a determination was made that the degree entitled her to CSC. In contrast, the applicant is being denied constructive credit for an MPAS degree that is critical to his career field and duties as cited in enclosures 2 and 3 (letters from the applicant and Colonel B____). h. Colonel B____'s letter is unambiguous on the issue of his degree adding adjunctive skills. Moreover, the applicant's MPAS degree will without a doubt continue to benefit the U.S. Army as his experience will contribute to his duties as an Army physician in his future assignments. This is a win for the Army as his additional education benefits the Army's warriors and their families and hence benefits the U.S. Army. i. AR 135-101 specifies that officers being appointed in the Medical Corps with a basic qualifying degree of Doctor of Medicine may be awarded 4 years of CSC. One-year credit for each additional school year may be awarded for additional advanced degrees. AR 135-101, Table 3-1, note 4, qualifies the award of credit by stating the degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated duty position. The credit is the equivalent of up to 24 months for a Master's degree. j. lt has been clearly established that the applicant's MPAS degree adds adjunctive skills to his primary specialty and contributes directly to performance in his anticipated duty. As this is not subject to interpretation, the one further point to address is the relevance (or in our argument, irrelevance) of the fact that an MPAS is not listed in Table 4 of AR 135-101. Without a doubt, the applicant’s MPAS degree is of enormous benefit to the U.S. Army. It is clear that other higher degrees not listed in the regulation have been deemed sufficient to entitle a member to CSC. k. The list of advanced degrees that may qualify for additional CSC, as listed in AR 135-101, include education, basic science, sanitary engineering, and other specialties as approved by the Secretary of the Army or designee on a case-by-case basis. Thus, the advanced degrees listed above as well as others also need Secretarial designee approval. As the designee for the Secretary of the Army, they ask that this Board apply the principles of equity, due process, and fairness to grant the applicant CSC for his MPAS degree. The MPAS degree meets the criteria designated by the Army itself. It adds adjunctive skills to his primary specialty and contributes directly to the performance of his anticipated duty. l. DODI 6000.13 authorizes CSC for advanced degrees in a health profession other than medicine and dentistry based on actual full-time equivalent education, up to 2 years for a Master's degree and up to 4 years for a doctorate if the additional degree adds adjunctive skills to the primary specialty and contributes directly to performance in the anticipated position in the military services concerned. m. The applicant is eligible for 2 years of CSC for his MPAS degree. His advanced education was beyond his basic qualifying degree; this degree was received prior to his entry into medical school; and his degree was obtained prior to him being commissioned as an officer in the U.S. Army. n. In conclusion, it is clear from the intent of the statutes and DOD regulations that the U.S. Government and the DOD want to reward members of the Armed Forces for the time they spent learning and seeking additional knowledge if it will benefit the U.S. Army. In this case, it has been established beyond a reasonable doubt. The applicant is not seeking credit for a degree in music, art, or even education. He is seeking CSC for a degree that undoubtedly (as corroborated by his leadership) helps doctors practice the art of medicine – especially a doctor such as the applicant who is serving regimental Soldiers day in and day out. 3. Counsel provides copies of: * applicant’s memorandum for the ABCMR, dated 11 January 2016 * statement written by Colonel B____, dated 15 January 2016 * ABCMR case AR20050004554, dated 25 October 2005 * ABCMR case AR20040004143, dated 17 March 2005 * ABCMR case AR20060006849, dated 12 October 2006 * ABCMR case AR20040005502, dated 2 August 2005 * MPAS degree documents CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090012657 on 29 December 2009. 2. The applicant and counsel provide new evidence and argument warranting reconsideration by the Board. 3. Following almost 9 years of Regular Army service as a Nuclear Medical Specialist, the applicant was discharged on 13 September 2001 to accept an appointment as a commissioned or warrant officer. The applicant was commissioned as a captain (CPT) in the Regular Army Medical Corps on 16 May 2009. He had previously completed 8 years, 10 months, and 14 days of active service in an enlisted status and 7 years, 8 months, and 3 days in a commissioned status (other than Medical Corps). 4. On 17 August 2001, the applicant was awarded a Bachelor of Science degree by the University of Nebraska. 5. On 10 May 2003, the applicant was awarded an MPAS degree by the University of Nebraska. 6. On 14 July 2005, the applicant was ordered to active duty with a report date of 8 August 2005 to USUHS, Bethesda, MD, in the rank of second lieutenant. 7. The applicant's DA Form 5074-4R, prepared and approved on 19 February 2009, shows the applicant was awarded a Doctorate in Medicine on 16 May 2009 and was awarded 4 years of CSC. This form shows the specialty in which he was appointed as radiology. This form also shows he was awarded 1 year, 11 months, and 12 days of CSC for prior service. The total amount of CSC shown on this form is 5 years, 11 months, and 12 days. 8. On 8 April 2009, the applicant was ordered to report to Walter Reed Army Medical Center, Washington, DC, on 12 June 2009. The evidence shows he was appointed as a CPT effective on the date of his entry on active duty and placed on the active duty list in the grade of O-3 with an adjusted date of rank based on constructive credit of 5 years, 11 months, and 12 days. 9. In support of his case the applicant provided a statement from COL B____ and a self-authored statement indicating his advanced MPAS education is currently being used by the military department, showing his adjunctive skills as a physician assistant significantly contributed to his skills as a primary care physician. 10. In addition, he provides copies of previously adjudicated ABCMR CSC cases (pertaining to other applicants) maintained online in the DOD Boards of Review Reading Room: a. AR20070000516 (Enclosure 5) concerns additional CSC for a Master of Science degree in Biomedical Sciences earned by the applicant prior to his acceptance of the Armed Forces Health Professions Scholarship Program. The applicant received his Master’s degree prior to his appointment as a Reserve commissioned officer (no specified branch). He was accepted into the Armed Forces Health Professions Scholarship Program, and upon completion of the medical school he was awarded a Doctor of Medicine on 18 May 2002. That same date he accepted an appointment as a Reserve CPT in the Medical Corps receiving 4 years of CSC. On 25 September 2006, he was ordered to active duty. OTSG Graduate Medical Education Division (GMED) officials opined the applicant should be awarded CSC for 2 years in accordance with DOD Directive 6000.13, paragraph 6.1.2.2.2. Based on the advisory, the Board granted relief. b. AR20070009494 (Enclosure 6) concerns additional CSC for a Master of Science degree in Psychology the applicant earned prior to enrolling in the Health Professions Scholarship Program. His argument was he was advised he would get CSC for his Master's degree that would count towards his rank and pay. In May 2003, the applicant received his Master’s degree in Psychology and was commissioned in the U.S. Army Reserve (USAR) Medical Service Corps. On 27 May 2007 he was awarded his Doctor of Medicine degree. On 13 June 2007, he was ordered to active duty in the rank/pay grade of CPT/O-3 and simultaneously awarded 4 years of CSC for his active duty grade determination as a Medical Corps officer. OTSG GMED officials opined that, in accordance with DODI 6000.13, paragraph 6.1.2.2.2, the applicant should be awarded 2 years of CSC for his Master's degree in Psychology. The case referenced DODI 6000.13, paragraph 6.1.2.2.3, wherein an additional degree must add adjunctive skills to the primary specialty and contribute to the performance of the individual in an anticipated position. A second reference, AR 135-101, stipulates the grade and date of rank upon original appointment and assignment to the Army Medical Department (AMEDD) will be determined by the number of years of entry grade credit awarded. Normally, 4 years of CSC is granted for completion of a doctoral degree with additional credit granted in unusual cases based on special education or professional experience. Credit for additional advance degrees must add adjunctive skills to the primary specialty. Based on the advisory, the Board granted relief. c. AR20060006849 (Enclosure 7) concerns additional CSC for a Doctor of Pharmacy degree the applicant earned prior to enrolling in the Health Professions Scholarship Program. He argued he was eligible for 2 years of CSC for this degree and upon his appointment in the Medical Corps his CSC was incorrectly calculated. In May 1994, the applicant received his Doctor of Pharmacy degree. On 29 April 1999 he was appointed a commissioned officer in the USAR and entered the Health Professions Scholarship Program. In May 2003, he received his Doctor of Medicine degree and on 17 May 2003 he was appointed a USAR CPT in the Medical Corps as a surgeon. Upon appointment he was awarded 4 years of CSC. He was ordered to active duty on 11 June 2003. OTSG GMED officials opined the applicant could receive 2 more years of CSC for his Doctor of Pharmacy degree. This record of proceedings cited both paragraphs 6.1.2.2.2 and 6.1.2.2.3 of DODI 6000.13. Based on equity, the Board granted relief. d. AR20090009829 (Enclosure 8) concerns additional CSC for a Doctor of Pharmacy degree and residency training in pharmacy. The applicant requested an additional 3.5 years CSC. In 2001, he received a Doctor of Pharmacy degree and completed his residency in pharmacy on 30 June 2002 (residency period from 1 July 2001 to 30 June 2002). He was a Health Professions Scholarship Program recipient and completed his studies in Osteopathic Medicine in June 2008. He was ordered to active duty on 6 June 2008 as a Medical Corps officer receiving 4 years of CSC for his Doctor of Osteopathy degree. An advisory was obtained from OTSG GMED. The advisory official, citing DODI 6000.13, paragraph 6.1.2.2.2, recommended the applicant receive 2 years of CSC for his Doctor of Pharmacy degree. The official recommended denying credit for the pharmacy residency as this residency was not required for him to accept a Medical Corps appointment. The proceedings cite DODI 6000.13, paragraph 6.1.2.2.3, pertaining to adjunctive skills adding to the primary specialty and contributing directly to the performance in the anticipated position. The Board determined the applicant’s Doctor of Pharmacy degree added adjunctive skills to his primary medical specialty and recommended awarding 2 years of CSC. The Board denied CSC for the pharmacy residency program as it was not required for his appointment as a Medical Corps officer. e. AR20060005666 (Enclosure 9) concerns additional CSC for a Master of Science degree in Physiology and Biophysics earned (in 1998) before entering medical school at the USUHS. The applicant was appointed a Reserve commissioned officer in the Medical Service Corps on 24 June 1998. He was ordered to active duty on 10 August 1998. On 31 August 1998, he was awarded a Master of Science Degree in Physiology and Biophysics. In 2002, he received his Doctor of Medicine (General Medicine) and was appointed a Reserve commissioned officer in the grade of O-3 in the Medical Corps on 22 May 2002. His active duty date of rank to CPT was 18 May 2002. He entered active duty on 9 June 2002. He provided a letter of support from the Program Director for the San Antonio Uniformed Services Health Education Consortium showing his core studies during his Master of Science program were in direct correlation to his residency in dermatology. The Program Manager, Medical Corps, Health Services Directorate at Headquarters, U.S. Army Recruiting Command, recommended denying the request because his master’s degree did not add adjunctive skills to his primary specialty, did not contribute directly to performance in anticipated duty positions, and he received it prior to completing medical school. The applicant rebutted this advisory opinion. The staff of the Board requested a second advisory opinion from OTSG GMED. The advisory official, citing DODI 6000.13, paragraph 6.1.2.2.2, recommended 2 years CSC for his Master of Science Degree in Physiology and Biophysics. Based on the OTSG advisory, the Board granted full relief. f. The additional record of proceedings provided by the applicant and counsel are summarized as follows: (1) AR20070017437 (Enclosure 10) – A Regular Army Medical Corps officer was granted 2 years of additional CSC for a Master of Public Health degree she earned prior to entering service in addition to the 4 years of CSC she received upon her appointment in the Medical Corps. An OTSG GMED official recommended relief and the proceedings cited DODI 6000.13, paragraphs 6.1.2.2.2 and 6.1.2.2.3. The Board's recommendation for relief was based on equity and justice. (2) AR20070000496 (Enclosure 11) – A Reserve Medical Corps commissioned officer was granted 2 additional years of CSC for a Master of Science degree in Biomedical Sciences (Immunology) earned in 1993 prior to his Medical Corps appointment on 11 June 1999. The applicant stated his Master's degree was the basis for his work in the field of tumor immunology. He served as a medical doctor (MD) (internist). An OTSG GMED official opined that, under the provisions of DODI 6000.13, paragraph 6.1.2.2.2, the applicant should receive 2 years of CSC for his Master’s degree. The Board determined he did not receive the correct CSC upon his initial appointment in the Medical Corps in 1999. (3) AR20060012129 (Enclosure 12) – A USAR Medical Corps officer was granted 2 years of additional CSC for a Master of Science in Microbiology earned in 2002 prior to his Medical Corps appointment on 3 June 2006. He entered active duty on 12 June 2006. An OTSG GMED official opined that, in accordance with DODI 6000.13, paragraph 6.1.2.2.2., the applicant should receive 2 years of CSC for his Master’s degree. The Board granted relief and recommended 2 years of CSC. (4) AR20070001773 (Enclosure 13) – An Army National Guard (ARNG) Medical Specialist Corps officer requested 2 years CSC for his MPAS received prior to his Reserve commissioning date. He was awarded his Master’s degree in August 1999. On 30 October 2000 he was appointed a commissioned officer in the Medical Specialist Corps. It appears he did not receive CSC for his Master’s degree upon appointment. In this case no advisory opinion was obtained. The record of proceedings cites DODI 6000.13, paragraphs 6.1.2.2.2 and 6.1.2.2.3, as authorizing AMEDD officers 2 years of CSC for a master’s degree. Based DODI 6000.13, the Board granted relief and recommended 2 years of CSC. (5) AR20090004900 (Enclosure 14) – An ARNG Medical Specialist Corps officer requested, in pertinent part, 2 years of CSC for her MPAS degree completed in December 2002. With prior enlisted service, the applicant accepted an appointment as a commissioned officer in the ARNG in June 2005. She did not receive CSC for her Master's degree. Her AMEDD specialty was Physician Assistant. The Chief, Personnel Division, National Guard Bureau (NGB), provided an advisory opinion in consultation with OTSG. Their joint recommendation was to grant her 2 years of CSC for her Master’s degree in addition to the CSC she received for her enlisted service. The record of proceedings cites DODI 6000.13, paragraph 6.1.2.2.2, as authorizing AMEDD officers 2 years of CSC for a Master’s degree. Based on DODI 6000.13, the Board granted relief, recommending 2 years of CSC. (6) AR20070018347 (Enclosure 15) – An ARNG Medical Specialist Corps officer requested, in pertinent part, 2 years of CSC for his MPAS degree completed prior to his initial appointment. He was appointed a Reserve commissioned officer. He did not receive CSC for his Master's degree. His AMEDD specialty was Physician Assistant. The Chief, Personnel Division, NGB, advisory opinion coordinated with the NGB Surgeon’s Office opined he should receive 2 years of CSC. The proceedings cite DODI 6000.13, paragraph 6.1.2.2.2, as authorizing AMEDD officers 2 years of CSC for a Master’s degree. Based on DODI 6000.13, the Board granted relief, recommending 2 years of CSC. 11. At the time of the Board's original consideration of the applicant's request in AR20090012657, dated 29 December 2009, an OTSG official stated that in accordance with DOD Directive 6000.13, paragraph 6.1.2.2.3, a Master’s degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned. The OTSG official found the applicant's MPAS did not tangibly add any value to his primary specialty of radiology. The official also opined the MPAS "will not allow him to advance in training, or obtain specialty board certification ahead of his peers." The OTSG official recommended denying the applicant’s request. 12. In Army Docket Number AR20110000752, the staff of the Board administratively closed the applicant’s request for reconsideration because he did not submit his application in a timely manner. (This was in accordance with regulatory guidance in effect at the time.) 13. In the processing of this case, an advisory opinion was provided by the Program Manager, GMED, OTSG, who states: a. DODI 6000.13 is the governing directive in granting entry grade credit. Enclosure 3.1.c.(3) states: "One year of constructive service credit will be granted for each year of graduate level education toward the first professional degree completed when that degree is required for appointment in the professional specialty being entered," i.e., constructive credit requires that the degree is required for the initial appointment. She states, "A medical officer requires an MD or a [Doctor of Osteopathy] degree only; an MPAS degree is not a prerequisite or requirement for appointment." b. DOOI 6000.13, Enclosure 3, paragraph 3.1.c.(4), states: "Credit will be awarded for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level that exceeds the basic education required for the appointment, if such advanced education will be directly used by the Military Department concerned." An MPAS degree is not a prerequisite or requirement for medical school, a radiology residency, or appointment as a U.S. Army Medical Corps officer. Accordingly, this additional training is not applicable to constructive credit for education, training, or experience required for appointment to the Medical Corps beyond the 4 years of credit already granted for his medical school training in accordance with Enclosure 3, paragraph 1.c.(3). c. Therefore, the Medical Education Directorate stands by the previously submitted opinions, and the current recommendation is not to grant any additional credit for the MPAS. 14. On 29 January 2017 the applicant submitted a rebuttal to the OTSG advisory. He states: a. He disagrees with the advisory and believes DODI 6000.13 was erroneously interpreted. The applicant identified the parts of the advisory that he believes were erroneous interpretations of the DODI. b. In paragraph 3 of the OTSG advisory opinion, the OTSG GMED official referenced paragraph 1c(3) of the DODI and argued that constructive credit for degrees indicates the degree is required for the initial appointment. A medical officer requires an MD or a DO degree only, an MPAS degree is not a prerequisite for appointment. Paragraph 1c(3) and 1c(3a) of the DODI apply to all physicians who enter the military. These two paragraphs award all physicians who enter the military 4 years of CSC upon initial appointment (either for an MD or DO degree). With that said, the first sentence of the OTSG GMED's argument is true – that the first professional degree must be a requirement for initial appointment. c. The second sentence of the argument is also true but irrelevant. It has no bearing on whether or not an advanced degree qualifies for CSC. His MD degree was the professional degree that qualified him for initial appointment into the Army Medical Corps and he was awarded 4 years of CSC for this degree. His MPAS degree is an additional professional degree that exceeds the basic education requirement for appointment. The awarding of CSC for additional advanced education is covered in the subsequent paragraphs of the DODI – specifically paragraphs 1c(3b) and 1c(4). d. In paragraph 4 of the OTSG advisory opinion, the OTSG GMED official referenced paragraph 1c(4) of the DODI and then argued that an MPAS degree is not a prerequisite for medical school, a radiology residency, or appointment as a Medical Corps officer in the U.S. Army. Accordingly, this additional training is not applicable to CSC for education, training, or experience required for appointment to the Medical Corps beyond 4 years of credit already granted for his medical school training. e. The first sentence of this argument is true but also irrelevant. Again, it has no bearing on whether or not his advanced degree qualifies for CSC. The OTSG GMED official arbitrarily added their own additional requirements that an advanced degree must be a prerequisite for medical school, residency, or for appointment as a Medical Corps officer in order for the advanced degree to be awarded CSC. f. Paragraph 1.c(4) of Enclosure 3 to the DODI specifically states that credit will be awarded for any period of advanced education that exceeds the basic education requirement for appointment as long as such advanced education will be used by the Military Department concerned. This particular paragraph of the DODI specifically speaks to his situation, as he has an additional professional degree (MPAS) that exceeds the basic education requirement for appointment and it is currently being used by the Military Department concerned. He also provided evidence in his application that his MPAS is directly applicable to his duties as a brigade surgeon. g. In conclusion, he states the advisories offer erroneous interpretations and add additional stipulations that are not cited in Army regulations. This is not the first time officials at OTSG GMED have misinterpreted regulations or added additional stipulations in an advisory. REFERENCES: 1. AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) published on 15 February 1984 provides a list of forms for recording the entry grade credit awarded to Army Medical Department officers upon appointment or assignment. The DA Form 5074-4R is listed among the forms. 2. AR 135-101, Table 3-1 (CSC) states a member receives 4 years of CSC for a Doctor of Medicine degree. Paragraph 4 of Table 3-1 states, "Credit 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 degrees must not have been earned concurrently with primary credential". Table 3-4 lists advanced degrees earned in specialties that may qualify for additional constructive credit. Table 3-4 also indicates other specialties may be approved by the Secretary of the Army or designee on a case-by-case basis. Paragraph 3-1a stipulates a request for entry grade credit should be processed to The Surgeon General or his or her designee. 3. DODI 6000.13, paragraph 6.1.2.2.2, effective in 2009, stated that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate. Paragraph 6.1.2.2.2 also states that no additional credit may be given for more than one advanced degree in a single field, or closely related field. The total credit allowed for having both a masters and a doctorate degree may not exceed the maximum allowed for a doctorate. Paragraph 6.1.2.2.3 stated that to qualify for CSC an 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. 4. DODI 6000.13, effective 30 December 2015 with change 1 issued on 3 May 2016, cancelled DODI 6000.13 (Medical Manpower and Personnel) dated 30 June 1997. This new DODI provides instruction for entry grade credit awarded on original appointment of a Health Professions Officer. HPO entry grade and rank within grade will be determined by the number of years of entry grade credit awarded on original appointment. a. Prior commissioned service credit, other than as a commissioned warrant officer, will be granted to recognize previous commissioned experience. Credit will be awarded equitably and consistently. b. CSC is awarded to a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an HPO. The designation will be to the same grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree. CSC will only be used to determine initial grade, rank in grade, and service in grade for promotion eligibility. c. Credit for master’s and doctorate degrees in a health profession other than those listed in paragraph 1c(3)(a) of the DODI may be awarded based on actual full-time equivalent education of up to 2 years for a master’s degree and up to 4 years for a doctorate degree. 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 allowed for both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate. d. Credit will be awarded for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level that exceeds the basic education required for the appointment, if such advanced education will be directly used by the Military Department concerned. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2–11 states that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal (personal appearance) hearing whenever justice requires. DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record together with the evidence provided by the applicant and his counsel is sufficient to render a fair and equitable decision at this time. 2. The applicant’s request for reconsideration concerns CSC for the MPAS he received prior to his original appointment as a Medical Corps officer. DODI 6000.13, effective 30 December 2015, is the most current guidance on this matter. a. In the applicant’s original application, he was denied relief, as his MPAS was thought not to add adjunctive skills to his medical degree. He requested reconsideration after one year from his initial board date and that request was administratively closed without Board review. The law has since changed and there is no time restriction for requesting reconsideration of a denied application. b. Whether in a DOD Directive or DODI, an individual cannot receive educational CSC for more than a Doctor of Medicine when applied toward an original appointment in the Regular Army or Reserve Component Medical Corps. An individual requesting appointment as a commissioned officer in the Medical Corps receives a maximum of 4 years CSC for their Doctor of Medicine degree. Directly quoted, the DODI currently in effect states, "… total credit allowed for both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate." c. The current (and past) DODI 6000.13 states CSC will be awarded for any period of advanced education in a health profession (other than medicine and dentistry) beyond the baccalaureate degree level that exceeds the basic education required for the appointment, if such advanced education will be directly used by the Military Department concerned. d. The applicable Army regulation states The Surgeon General or his or her designee grants CSC. 3. The applicant and his counsel provided numerous ABCMR cases showing the instructions for awarding CSC were not adhered to and numerous Medical Corps officers were granted relief and awarded 2 years CSC for a master’s degree received prior to their initial appointment as a Medical Corps officer. Each officer had received 4 years of CSC for their Doctor of Medicine degree, the maximum allowed. a. The three cases concerning awarding 2 years of CSC to Medical Specialist Corps officers who completed and received a MPAS and then were appointed as Physician Assistants are not relevant, as none were appointed into the Medical Corps. b. In most cases granting relief, the OTSG GMED official cited DODI 6000-13, paragraph 6.1.2.2.2, as the policy supporting relief, omitting the fact that master’s degrees (2 years of CSC) added to the 4 years of CSC for the Doctor of Medicine is a total of 6 years of CSC exceeding the 4 year maximum for an original appointment as a Medical Corps officer. Additionally, DODI 6000.13, paragraph 6.1.2.2.3, was cited, wherein the masters’ degrees added adjunctive skills to the primary specialty (Medical Corps) and contributed directly to the officer's performance. In addition, the Board granted relief in a few cases based on equity and justice. 4. The applicant and counsel provide evidence to support his position that his MPAS adds adjunctive skills to his duties as a brigade surgeon. He is a radiologist by training. The OTSG GMED official opines he should not be awarded 2 years of CSC for his MPAS. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004106 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004106 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2