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ARMY | BCMR | CY2003 | 2003087528C070212
Original file (2003087528C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 December 2003
         DOCKET NUMBER: AR2003087528


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Ms. Yolanda Maldonado Member
Mr. James E. Anderholm Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests, in effect, correction to his entry rank from first lieutenant (1LT) to captain (CPT).

2. The applicant states that he received a direct commission in April 2002 and was assigned the rank of 1LT. He completed 4 years of undergraduate study in his field (psychology), 6 years of graduate study, numerous clinical externships, a yearlong pre-doctoral fellowship, a yearlong internship, and a yearlong post-doctoral fellowship. He believes that credit may have been overlooked for the following constructive service experiences: qualifying degrees, externships, internships, pre and post doctoral fellowships, graduate professional education, professional experience, and prior military service.

3. The applicant provides copies of his DA Form 61 (Application for Appointment), DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), his appointment memorandum, his resume, his diplomas and transcripts, his license, and a letter of explanation in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show he was appointed in the Reserve, Medical Services Corps (MSC), as a 1LT effective 17 April 2002 with prior enlisted service (1984 to 1988). He was credited with 4 years, 9 months and 28 days constructive service credit (CSC) and his date of rank was adjusted to 19 June 1999.

2. The applicant's DA Form 5074-1-R shows that he received 4 years CSC for his basic qualifying degree, zero CSC for advanced education beyond basic qualifying degree, zero CSC for post baccalaureate education, and 9 months and 28 days for professional experience. Two years of his CSC was applied towards his entry rank and the excess credit adjusted his date of rank from 17 April 2002 to 19 June 1999.

3. Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department (AMEDD) to include the MSC. This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree. Individuals appointed with 3 years or more, but less than 7 years will be appointed as a 1LT and individuals appointed with 7 years or more, but less than 14 years will be appointed as a CPT. Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.
4. Army Regulation 135-101, also specifies that 4 years credit will be given for a doctorate level degree in Psychology. No additional credit will be given for more than one degree in a single field. CSC for professional experience is awarded at the rate of 1/2 year for each year of experience up to a maximum of 3 years. This regulation also specifies that applicants for appointment as a clinical psychology and assignment to the MSC must have a doctoral degree from an accredited program in clinical counseling or other subspecialty of psychology and must have completed an accredited 1-year clinical psychology internship.

DISCUSSION AND CONCLUSIONS :

1. The applicant is not entitled to correction to his initial entry rank from 1LT to CPT.

2. The applicant was appropriately appointed as a 1LT based on the award of 4 years credit for his doctorate degree. Also, at the time of his appointment his excess credit for his professional experience was used to adjust his date of rank. Based upon regulatory guidance, the initial CSC awarded at the time of appointment, is and was correct in accordance with pertinent regulations.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

___ro___ __ym____ ___ja___ 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.





                  ___Raymond V. O’Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2003087528
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 102.08
2. 102.09
3.
4.
5.
6.


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