RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           31 August 2004
      DOCKET NUMBER:  AR2004101187


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Sloane                |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, an adjustment to the constructive
service credit granted upon appointment.

2.  The applicant states, in effect, that she is entitled to additional
constructive service credit because an incorrect date of licensing was used
in the original constructive service credit calculation.

3.  The applicant provides the following documents in support of her
application:  Texas State Board of Social Worker Examiners Letter, dated 23
July 2003; Texas State Board of Social Worker Examiners Letter, dated 18
September 2003; Healthcare Providers Service Organization Purchasing Group,
Certificate of Insurance, dated 4 October 2003; University of Texas at
Arlington Bachelor of Social Work and Master of Science in Social Work
(MSSW) Certificates, dated 19 August 1995 and 12 December 1998,
respectively.

CONSIDERATION OF EVIDENCE:

1.  On 3 February 2002, the applicant was appointed a first lieutenant
(1LT) in the Medical Service Corps (MSC) of the United States Army Reserve
(USAR).  The United States Total Army Personnel Command (PERSCOM)
appointment memorandum issued at the time confirms the applicant was
granted a total of
3 years, 5 months, and 13 days of constructive service credit.

2.  A Record of Award of Entry Grade Credit Health Services Officers (DA
Form 5074-1-R) was prepared on the applicant on 14 January 2002 in
connection with her appointment processing.  This document indicates the
applicant was granted 2 years of constructive service credit based on her
MSSW degree from the University of Texas at Arlington, which she obtained
on 12 December 1998.  It also shows that she was granted 1 year, 5 months,
and 13 days of constructive service credit for professional experience as a
social worker that began on
27 February 1999.  Finally, based on her total constructive service credit
of
3 years, 5 months, and 13 days, she was appointed in the rank of 1LT and
given a date of rank of 20 August 2000.
3.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, MSC Division, Headquarters, United States Army
Recruiting Command (USAREC), Fort Knox, Kentucky.  This USAREC official
indicated that the information provided by the applicant was correct and
that she was entitled to 1/2 day of constructive service credit for each
additional day of professional experience for which constructive service
credit was not granted at the time of her appointment.  This official
initially recommended the applicant receive 15 days of additional
constructive service and a DA Form 5074-1-R was provided based on this
additional credit.

4.  The applicant provided additional information confirming that her
professional experience as a social worker began on 1 November 1999, while
she was employed as a social worker with the JPS Health Network.  This
information was passed on to USAREC MSC officials and they issued a revised

DA Form 5074--1-R on 17 March 2004.

5.  The 17 March 2004 DA Form 5074-1-R prepared by USAREC awards the
applicant 2 years of constructive service credit for her MSSW degree and 1
year, 6 months, and 6 days of constructive service credit for professional
experience that began on 11 January 1999.  This document further indicates
that based on her total constructive service credit of 3 years, 6 months
and 6 days, the applicant was entitled to be appointed a 1LT with a date of
rank of 27 July 2000.

6.  On 23 March 2004, the applicant concurred with the contents of the
revised DA Form 5074-1-R issued by USAREC on 17 March 2004.

7.  Army Regulation 135-101 prescribes policy, procedures, and eligibility
criteria for appointment in the Reserve Components of the Army, in the six
branches of the Army Medical Department (AMEDD).  Paragraph 3-4 (Transition
Credit) states, in pertinent part, that the law and regulations in effect
on the date of the appointment will determine the grade and date of rank
upon appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her DOR to 1LT should be adjusted to
account for all the constructive service credit to which she is entitled
was carefully considered and found to have merit.
2.  By regulation, authorized constructive service 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.  The USAREC advisory opinion
confirms that, in accordance with the applicable regulations, the applicant
was entitled to receive a total of 3 years, 6 months and 6 days of
constructive service credit for her basic qualifying degree and
professional experience upon her appointment.  Based on the policy in
effect at the time of her appointment, this constructive service credit
would allow the applicant’s appointment in the rank of 1LT with 1 year, 6
months and 6 days of time in grade for date of rank purposes.

3.  It appears the 17 March 2004 DA Form 5074-1-R provided by USAREC
accurately reflects the constructive service credit and entry grade to
which the applicant is entitled based on the law and regulations in effect
at the time of the applicant’s appointment.  Thus, it is concluded that the
applicant’s record should be corrected by adjusting her 1LT date of rank to
27 July 2000.

BOARD VOTE:

__JNS___  _JRS___  __RLD___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing her 1LT date of rank is 27 July 2000 based on the constructive
service credit she was awarded by the corrected DA Form 5074-1-R, dated 17
March 2004, published by the USAREC MSC Division Chief.




            __JOHN N. SLOANE______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101187                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  229  |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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