BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20160009049 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: 13 October 2016 DOCKET NUMBER: AR20160009049 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: 13 October 2016 DOCKET NUMBER: AR20160009049 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 correction of her records to show she was appointed in the rank of captain (CPT)/pay grade O-3 with additional constructive service credit (CSC) based on completion of her Master of Public Health (MPH) degree. 2. The applicant states that the Office of The Surgeon General (OTSG) should have completed a DA Form 5074-R (Record of Award of Entry Grade Credit – Health Services Officers) to document all CSC awarded. She states that she completed both her Medical Doctorate (MD) and MPH degrees prior to entry on active duty. a. She earned the MPH at Johns Hopkins School of Public Health under a fully-funded scholarship (Sommer Scholars Program). She states she did not earn her MPH degree concurrently with her MD degree. She adds that the MPH degree was earned on a leave of absence during her Armed Forces Health Professions Scholarship Program (AFHPSP). b. She states that the governing Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches, Table 3-1 (CSC), provides that the degree must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position and the additional degree must not have been earned concurrently with primary credential. In addition, Table 3-4 (Credit for Additional Advanced Degrees) shows advanced degree specialties which may qualify for additional CSC and lists the MPH degree. c. She concludes by stating the failure to award 2 years of additional CSC for the MPH degree has adversely impacted her pay (years of creditable service for pay) and promotion eligibility dates over the past 8 years. d. The applicant requests personal appearance before the Board. 3. The applicant lists the following documents; however, the documents were not attached to the online application: * Transcript of MPH * Sommer Scholar Program MPH CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 29 May 1999. The source of her appointment was the United States Military Academy (USMA). 2. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 29 May 1999, was honorably released from active duty (REFRAD) on 25 August 2003 to continue on active duty in another status, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). She had completed 4 years, 2 months, and 27 days of net active service this period. It shows she had served in the Military Police (MP) Branch, Area of Concentration (AOC) 31A (MP, General), and was promoted to the rank CPT (O-3) on 1 October 2002. 3. USAREC Form 1131 (Department of the Army Service Agreement – F. Edward Hebert AFHPSP) shows the applicant had been accepted for admission to or enrolled, as a full-time student, in an accredited institution in a graduate course of study in medicine leading to a degree in medicine. a. It shows the applicant understood that in return for a four (4) academic year scholarship in the AFHPSP, she would serve 4 years on extended active duty and 4 years in the Individual Ready Reserve (IRR), unless it was mutually agreed that the portion of service in the IRR shall be served on active duty or in the Selected Reserve. b. She also indicated she understood that the total obligation, including the AFHPSP and prior obligation was 4 years and 9 months on extended active duty and 4 years in the IRR. c. The applicant, a witness, and a human resources specialist signed the document on 26 August 2003. 4. A transcript from the University of Pennsylvania, School of Medicine, Philadelphia, PA, shows the applicant transferred into the third year class with advanced standing from Yale University School of Medicine with a matriculation date of 5 July 2005. It also shows she earned course credits during the years 2005 through 2008; she had a leave history for the periods 1 July 2007 through 12 August 2007 and 8 September 2007 through 30 March 2008; and she was awarded an MD degree on 19 May 2008. 5. A transcript from Johns Hopkins University, Bloomberg School of Public Health, Baltimore, MD, shows the applicant matriculated during the 2006-2007 Third Term (5 July 2007). It also shows she earned course credits during the years 2007 and 2008 and she was awarded an MPH degree on 22 May 2008. 6. On 11 April 2008, the applicant acknowledged receipt of an OTSG letter notifying her of selection for a partially-funded Graduate Medical Education (GME) program in Emergency Medicine at Johns Hopkins Hospital, Baltimore, MD, beginning on or about 1 July 2008 and scheduled to be completed on 30 June 2012. She also acknowledged the active duty obligation she incurred. 7. U.S. Army Human Resources Command, St. Louis, MO, memorandum, dated 12 June 2008, subject: Appointment as a Reserve Commissioned Officer of the Army, shows the applicant was appointed as a Reserve commissioned officer in the rank of CPT, Medical Corps (MC), AOC 62A (Emergency Physician), in accordance with Army Regulation 135-101. It shows, in pertinent part, "If you have been credited with 'years of service in an active status' the number of years, months, and days is shown after D (applies only to Chaplains, Medical personnel, and the Judge Advocate General's Corps)." The entry after "D" shows "06 years, 01 month, 14 days (as of date of entry on active duty)." 8. U.S. Army Human Resources Command, St. Louis, MO, Orders A-06-810892, dated 13 June 2008, as amended by Orders A-06-810892A01, dated 16 June 2008, ordered the applicant to active duty on 20 June 2008 in the grade of rank of CPT, MC (AOC 62A), for a period of 1,735 days (end date 20 March 2013) to fulfill her active duty requirement. She was assigned to U.S. Army Medical Student Detachment, Fort Sam Houston, TX, with duty at Johns Hopkins University Hospital, Baltimore, MD, for GME training. 9. A certificate shows the applicant served on the Resident Staff of The Johns Hopkins Hospital as Intern, Assistant Resident and Resident on the Emergency Medicine Service from 1 July 2008 to 30 June 2012. 10. She was promoted to major/pay grade O-4 on 6 May 2012. 11. A review of the applicant's military personnel records failed to reveal a copy of a DA Form 5074-R. 12. In the processing of this case, an advisory opinion was obtained from the Program Manager, GME, OTSG, Falls Church, VA. a. The advisory official reviewed the applicant's request for 2 additional years of CSC for an MPH degree and recommended the Army Board for Correction of Military Records (ABCMR) not grant any additional CSC for the MPH degree. b. The advisory official referenced Department of Defense (DOD) Instruction (DODI) 6000.13 (Medical Manpower and Personnel), Enclosure 3 (Procedures), paragraph 1c(4). She stated an MPH degree is not a prerequisite for medical school, an Emergency Medicine residency, or appointment as an MC officer in the U.S. Army. Accordingly, the additional training is not applicable to CSC for education, training, or experience required for appointment to the MC beyond 4 years of credit already granted for her medical school training in accordance with Enclosure 3, paragraph 1c(3). 13. On 15 June 2016, the applicant was provided a copy of the OTSG advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal. 14. On 30 August 2016, the applicant provided comments to the advisory opinion. a. She referred to the advisory official's reference to DODI 6000.13, Enclosure 3, paragraph 1c(3), and the statement that an MPH degree is not a "prerequisite for medical school, an Emergency Medicine residency or appointment as a MC officer in the U.S. Army." She asserted it does not apply to the determination of her CSC because the MPH degree was not required for appointment as an Emergency Medicine physician. She added the applicable reference is paragraph 1c(4), which requires only that the degree is "directly used" by the Army. b. She stated her MPH degree has been directly used in all of her military assignments and has added valuable adjunctive skills to her practice as an emergency physician since award of the degree. She lists four letters in support of her petition (three of which were provided) that, in pertinent part, show: * Lieutenant Commander R__ O___, MD, U.S. Navy (Retired), MPH, Associate Residency Program Director, Associate Professor, Department of Emergency Medicine, Johns Hopkins School of Medicine, wrote: * "[Applicant] clearly used the skills from the MPH on a regular basis in the practice of medicine." * "Emergency Medicine Trainees with an MPH degree have a highly desirable set of skills and abilities which put them at an advantage to their peers without such training." * Colonel I__ S. W___, MC, U.S. Army, Emergency Medicine Consultant to The Surgeon General, wrote: * "MPH degrees are not essential to the practice of emergency medicine, but can add valuable skills and abilities which may be used during a physician's clinical practice of emergency medicine during military service." * "Skills learned during MPH training include healthcare leadership courses, statistical analysis concepts (which assist with interpretation of research studies), evidence-based medicine, epidemiology, and research skills." * "Military emergency physicians can directly utilize these additional skills in the daily practice of clinical and operational medicine…" * Colonel T__ P. B___, Doctor of Osteopathic Medicine (DO), MC, U.S. Army, Chief, Department of Emergency Medicine, Chair, Executive Committee of the Medical Staff, Fort Belvoir, VA, wrote, "I can confidently say that the skills and abilities granted by this degree are of daily use in the practice of emergency medicine." * Letter of support from Lieutenant Colonel M__ H___, DO, MPH, Chief Military Medical Operations, Armed Forces Radiobiology Institute, was not provided or summarized by the applicant. c. The applicant states her MPH degree gave her research and leadership/ management skills, which contributed to her attainment of the honor of being named the Outstanding Resident in her final year of emergency medicine residency. She also states her MPH schooling was completely separate from her medical training at the University of Pennsylvania, School of Medicine, which was funded entirely by the AFHPSP. d. She asserts that her performance of duty in both research assignments and faculty appointments was facilitated by her MPH degree. e. She states the ABCMR awarded CSC in cases substantially similar to hers and references ABCMR Docket Number AR20090017969 (dated 9 September 2010). f. She concludes that the proper CSC of two (2) additional years would give her a date of rank for major of 6 May 2010. Majors with such a DOR were considered for promotion (primary zone) by the Army MC Promotion Selection Board to Lieutenant Colonel during calendar year 2015. g. The applicant provided a Sworn Declaration, dated 1 September 2016, in which she provides information related to the skills and knowledge she utilizes from her MPH in her daily duties as an emergency physician and as a research director. h. She also provides a printout from the Internet titled "Sommer Scholars" and a Curriculum Vitae that show, in pertinent part, the following details pertaining to the applicant's civilian education and military service: * Bachelor of Science, International Relations, USMA (1999) * MP Operations Officer and Secret Service Liaison, U.S. Army (2002-2003) * MD Student, University of Pennsylvania * Sommer Scholar (2007-2008) * MPH (2008) * Staff Emergency Physician, Fort Belvoir Community Hospital (present) REFERENCES: 1. DOD Directive 6000.12 (Health Services Operations and Readiness) and DODI 6000.13 (Medical Manpower and Personnel) prescribe policies and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments. a. CSC provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education. b. Enclosure 3, paragraph 1 (Entry Grade Credit), subparagraph 1a(2), shows a period of time will be counted only once when computing entry grade credit, and qualifying periods of less than one (1) full year will be proportionately credited to the nearest day, except where noted otherwise. It shows in: * subparagraph 1(b)(3), prior commissioned service credit will be calculated first. One-half day of credit for each day of active commissioned service (active duty and fulltime National Guard duty) as a commissioned officer but not in the profession in which the person is being appointed. * subparagraph 1c (CSC), this credit 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 health professional officer. It further shows in – * (3) One year of CSC 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. * (4) 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. 2. Army Regulation 135-101 prescribes 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 AMEDD. Chapter 3 (Grade Determination) shows in: * Table 3-1, for CSC, the degree must add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position. The additional degree(s) must not have been earned concurrently with primary credential. * Table 3-4, lists additional advanced degree specialties which may qualify for additional CSC and lists the MPH degree. 3. A review of ABCMR Docket Number AR20090017969, dated 9 September 2010, in pertinent part, shows the applicant obtained a master's degree in 2002, a DO degree in 2008, and was subsequently appointed as a Reserve commissioned officer (MC) in the USAR. 4. Army Regulation 15-185 (ABCMR) prescribes 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 of the ABCMR or the chair of an ABCMR panel may grant a formal 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 ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. 2. The applicant contends that her records should be corrected to show she was granted 2 years of additional CSC (i.e., years of service in an active status) because she earned her MPH degree prior to appointment in the MC, she did not earn the MPH degree concurrently with her MD degree, and the degree adds adjunctive skills to her primary specialty and contributes directly to performance in the duty position. 3. Records show the applicant completed 4 years, 2 months, and 27 days of active duty as a Reserve commissioned officer (MP, AOC 31A). The evidence of record shows one-half day of credit is authorized for each day of prior active commissioned service. This equates to 2 years, 1 month, and 14 days of CSC. 4. Records also show the following: * AFHPSP contract, 26 August 2003 * Yale University School of Medicine (2003 – 2005) * University of Pennsylvania, School of Medicine (July 2005–May 2008), MD awarded, 19 May 2008 * Johns Hopkins University, School of Public Health (July 2007–May 2008), MPH degree awarded, 22 May 2008 * appointment (i.e., CPT, MC, 62A; CSC: 6 years, 1 month, 14 days; upon entry on active duty * ordered to active duty (GME training), 20 June 2008 5. The evidence of record shows one (1) year of CSC 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. a. A calculation of the applicant's CSC for graduate level education shows: 06 01 14 total CSC granted - 02 01 14 CSC granted (for prior active duty service) = 04 00 00 CSC granted for professional degree(s) b. The evidence of record indicates the applicant was enrolled for graduate level education from August 2003 to May 2008. In accordance with governing regulations, she was granted 4 years of CSC for the first professional degree (i.e., MD) required for appointment in her professional specialty. 6. The evidence of record shows the applicant attended Yale University School of Medicine (2003 – 2005). She then attended the University of Pennsylvania, School of Medicine (July 2005 – May 2008) and earned credits toward her MD in 2007 and 2008 with a leave history of 43 days in the summer of 2007 and from 8 September 2007 through 30 March 2008. The evidence of record also shows the applicant earned credits toward her MPH degree during the period July 2007 to May 2008. a. Based on the evidence of record, it is concluded that the, the MPH was earned concurrently with her primary credential. b. The Program Manager, GME, OTSG, recommends the ABCMR not grant any additional CSC for the MPH degree. c. The governing regulations preclude granting CSC for any additional degree(s) that have been earned concurrently with primary credential. d. Accordingly, the issue regarding the MPH degree adding adjunctive skills to the applicant's primary specialty is moot in this instance. 7. The ABCMR case the applicant referenced is not comparable to the applicant's case. In the case she cites, the officer's primary graduate level professional credentialing degree and the adjunctive master's degree were not earned concurrently. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009049 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2