RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            7 July 2005
      DOCKET NUMBER:   AR20040005396


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      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, that he be given enough additional
constructive service credit to warrant changing his appointment grade from
captain to major.

2.  The applicant states that he received his Bachelor of Arts degree in
psychology in 1978 and a Doctor of Philosophy (Ph.D.) degree in clinical
psychology on 11 May 1986.  He had between 14 and 21 years of experience as
a clinical psychologist at the time of his appointment.  He believes this
meets the requirements for appointment as a major.

3.  The applicant provides his appointment letter; a DA Form 5074-1-R
(Record of Award of Entry Grade Credit (Health Services Officers); an email
dated           7 August 2004; his curriculum vitae; his Bachelor of Arts
degree; his Master of Science degree; his Ph.D. degree; a certificate of
internship completion; school transcripts; a letter dated 9 February 1987
from Syracuse University; an undated letter from St. Vincent's Hospital and
Medical Center of New York; a letter from the City of New York Police
Department; two letters, one dated 24 January 1991 and one undated, from
Nova University Community Mental Health Center; and two letters, one dated
14 June 1993 and one dated 7 January 1998; from the Office of the Sheriff,
Broward County, FL.

4.  The applicant also provides two Re-Appointment Evaluations; a Peer
Reference Form; a letter dated 23 January 1995 from Michael H___, Ph.D. and
Associates, P.A.; a DA Form 1059 (Service School Academic Evaluation
Report); a DA Form 88-R (Combat Pistol Qualification Course Scorecard); two
DA Forms 705 (Army Physical Fitness Test Scorecard); and a printout from
the U. S. Army Human Resources Command – St. Louis website, "AMEDD
Constructive Service Credit."

CONSIDERATION OF EVIDENCE:

1.  The applicant received a Bachelor of Arts degree in psychology from
Hofstra University in June 1978 and a Master of Science degree from
Syracuse University on 23 December 1982.  He completed a clinical
psychology internship at St. Vincent's Hospital and Medical Center of New
York in September 1984.  He received a Ph.D. in clinical psychology from
Syracuse University on 11 May 1986.

2.  On 22 May 2001, the applicant was appointed a captain in the U. S. Army
Reserve, Medical Service Corps.  He was awarded 7 years of constructive
credit (4 years for his qualifying degree and 3 years for his professional
experience).
3.  In the processing of this case, an advisory opinion was obtained from
the Chief, Medical Service Corps Division, U. S. Army Recruiting Command.
That individual recommended that the applicant's original constructive
credit of 7 years stand.  He noted that, since the applicant's basic
qualifying degree was a Ph.D., he was not authorized credit for any lower
degree.  Regarding the applicant's work experience, he was awarded the
maximum three years allowed for his years of experience.  In addition,
years of experience do not calculate to "unusual" and therefore it would be
difficult to justify and change the already given constructive credit.

4.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

5.  Army Regulation 135-101 provides policy for the appointment of reserve
commissioned officers for assignment to Army medical branches.  In
pertinent part, it provides that an officer other than Medical Corps who is
awarded 7 years or more but less than 14 years of entry grade credit will
be appointed as a captain and who is awarded entry grade credit 14 years or
more but less than     21 years of entry grade credit will be appointed a
major.

6.  Army Regulation 135-101, Table 3-1 provides for additional credit for
full-time experience not otherwise credited as a practicing physician,
osteopath, or dentist after qualifying degree.  This rule applies only to
Medical and Dental Corps officers.  Table 3-1 also provides for additional
credit in unusual cases based on special education or professional
experience in the specialty in which assigned when experience is accrued
after qualifying degree and licensure, if applicable.  For Medical and
Dental Corps officers, one year for each year of special experience may be
granted.  For other Army Medical Department officers, one-half year for
each year of education or experience up to a maximum of three years may be
credited.

7.  DODI 6000.13 (Medical Manpower and Personnel) provides that a
prospective health professions officer's entry grade and rank within grade
shall be determined by the number of years of entry grade credit awarded on
original appointment.  Paragraph 6.1.2.2 states that constructive service
credit shall be awarded as follows:

      Paragraph 6.1.2.2.1:  four years of constructive service credit shall
be granted for completion of first professional degree;


      Paragraph 6.1.2.2.5:  credit of one-half year for each year of
experience, up to a maximum of three years of constructive credit, may be
granted for experience in a health profession, if such experience is
directly used by the Military Service concerned; and

      Paragraph 6.1.2.2.6:  additional credit in unusual cases, based on
special education or experience, can be granted by the Secretary of a
Military Department.  As determined by Service needs, the additional credit
applies to individuals with unique qualifications that are beyond normal
requirements for appointment as commissioned officers.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant had many years of professional
experience in his field of clinical psychology prior to his appointment as
a captain on 22 May 2001.  However, only a Medical or Dental Corps officer
may be awarded a maximum of three years of constructive credit for full-
time medical or dental experience.  There is no regulatory provision for
the award of constructive credit for such full-time experience of any of
the other Army Medical Department branches except as noted below.

2.  The regulation also provides for additional credit in unusual cases
based on special education or professional experience in the specialty in
which assigned when experience is accrued after qualifying degree and
licensure, if applicable.   For other than Medical or Dental Corps Army
Medical Department officers, one-half year for each year of education or
experience up to a maximum of three years may be credited.  The applicant
received that maximum amount of credit, plus four years of credit for his
basic qualifying degree.

3.  The evidence of record shows the applicant was awarded the proper
amount of constructive service credit and was properly appointed as a
captain.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __ena___  __cak___  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.




            __Melvin H. Meyer_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040005396                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050707                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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