RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050012473


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 that he be awarded additional constructive
credit.

2.  The applicant states that upon entering active duty in January 2001, he
received constructive credit for his graduate degree and 18 months of
constructive credit for work experience, which was figured from May 1996 to
February 1998.  He states that, in effect, that he practiced full time as a
social worker from May 1996 until September 1999 and then again from April
2000 until January 2001.  He states that when he was in law school in
September 1999, he worked as a social worker/case manager part time.  He
states that in accordance with Army Regulation (AR) 601-100 and AR 135-101,
he should have been awarded over 4 years of constructive credit even
without figuring in his part time job.

3.  The applicant provides in support of his application a copy of his
Record of Award of Entry Grade Credit; a copy of his resume; and copies of
his Wage and Tax Statements.

CONSIDERATION OF EVIDENCE:

1.  The applicant's transcript from Norfolk State University shows that on
21 December 1996, the applicant earned his Master's Degree in social work.


2.  The available records show that the applicant was a member of the
United States Army Reserve (USAR) on 12 January 2001, when orders were
published ordering him to active duty in the rank of captain.  The orders
show that he had a 3-year active duty commitment and that he was to report
to Tripler Army Medical Center (AMC), Honolulu Hawaii for assignment.  He
was awarded 3 years and 6 months of constructive credit for active duty
grade determination purposes.

3.  During the processing of this case a staff advisory opinion was obtain
from Headquarters, United States Army Recruiting Command (USAREC), Chief,
Medical Service Corps Division, who opined that, after a careful review of
the record, the applicant was not entitled to the constructive credit that
was awarded to him in the year 2000 based on information contained in Army
Regulation (AR) 135-101 dated 15 February 1984 and Title 10, Department of
Defense Instruction (DODI) 6000.13 dated 30 June 1997.  In the advisory
opinion the chief opined that AR 135-101 Table 3-1 number 6 states that
additional credit may be awarded based on special education or professional
experience in the specialty in which assigned when experience is accrued
after obtaining a qualifying degree and licensure, if applicable.
Experience of 1/2 year or less earns no credit.  The chief stated that DODI
6000.13 paragraph 6.1.2.2.5 states that credit of 1/2 year for each year of
experience, up to a maximum of 3 years of constructive credit, may be
granted for experience in the health profession and that creditable
experience cannot predate the receipt of licensure, registration or
certification.  The chief stated that the applicant received his degree on
5 May 1996 and that he did not receive his licensure until 11 April 2000;
thus, to be compliant with both AR 135-101 and DODI 6000.13, his
constructive credit should have been figured from 11 April 2000 until the
date of the board on 15 November 2000.  The chief opined that the applicant
should have been awarded 7 months and 4 days of work experience, which
would have provided him with 3 months and 17 days constructive credit, in
addition to the 2 years he was awarded for his master's degree in social
work.  The chief opined that the applicant should have been awarded 2
years, 3 months and 17 days of constructive credit and entered the Army in
the rank of first lieutenant.  The chief concluded the advisory opinion by
requesting that the applicant's date of rank be adjusted accordingly.

4.  A copy of the advisory opinion was forwarded to the applicant on
13 October 2005, for his review and possible rebuttal.  On 31 October 2005,
the applicant submitted a rebuttal in which he stated that nowhere in AR
135-101 does it indicate that social workers need to be licensed for
appointment or consideration of constructive credit; in fact, AR 135-101
makes clear which disciplines in the Medical Service Corps (MSC) are
required to be licensed, and social work is not included amongst them.  He
stated that AR 135-101, 1-11(d)(1)(g) clearly states that the only
professional requirement for appointment as a commissioned officer in
social work is a masters degree from an accredited program in social work
acceptable to The Surgeon General and that it clearly delineated which
disciplines do require licensure or certification for a professional
appointment in the MSC.  In his rebuttal, the applicant went on to state
that AR 135-101 Table
3-1 number 6, in total, 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, and that experience of 1/2 year less earns no
credit (see notes, 5, and 6.)  He stated that notes 2 and 5 concern foreign
experience and associated experience or education not related to a
discipline and that note 6 refers only to registered nurses who are
required to be licensed and not to social workers, many of whom are
currently commissioned in the U.S. Army with no licensure.  He stated that
professional experience is counted for constructive credit in other MSC
disciplines not requiring licensure and that because social workers are not
required to be licensed, lack of licensure in computing constructive credit
is not applicable.

5.  In his rebuttal to the advisory opinion, the applicant stated that DODI
6000.13 paragraph 6.1.2.2.5 does indeed provide for credit for 1/2 year for
each year of experience up to a maximum of 3 years may be granted for
experience in a health profession and that creditable experience cannot
predate the receipt of licensure, registration or certification; however,
nowhere in DODI 6000.13 does it indicate who, if any, in the medical
departments of the respective services require licensure, registration, or
certification, including the Medical and Nurse Corps.  He stated that the
detailed rules and regulation in AR 135-101 should supersede those that are
incomplete or are more ambiguous in DODI 6000.13.  He stated that DODI
6000.13 also provides that volunteer or student status cannot be credited,
which clearly indicates that the purpose of paragraph 6.1.2.2.5 is directed
at insuring that students and volunteers do not receive constructive
credit, not full time practitioners.  He concluded his rebuttal by stating
that disciplines that do not require licensure are eligible to earn up to
3 years constructive credit for discipline-specific experience prior to
their appointment; therefore, as it is clear that the requirement for
licensure is not applicable in his case, all of the experience that he
obtained prior to his professional appointment that directly relates to his
specialty should be granted.

6.  Army Regulation 135-101 provides the criteria for award of constructive
service credit for Army Medical Department commissioned officers ordered to
active duty.  Table 3-3 of that regulation provides, in pertinent part,
that 2 years of constructive credit may be granted for a master's degree in
social work.  Table
3-1 provides that 1/2 year of constructive credit may be granted for active
commissioned service, other than extended active duty, or commissioned
service in an active status, in the MSC specialty.

7.  Army Regulation 135-101 further provides for additional service 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.  Experience of 1/2 year or less earns
no credit and 1/2 year of service credit may be granted for each year of
education or experience up to a maximum of 3 years.  Unusual case
determination will be made by The Surgeon General or designee.

8.  DODI 6000.13, at paragraph 6.1.2.2.5. provides that credit of 1/2 year
for each year of experience, up to a maximum of 3 years of constructive
credit, may be granted for experience in a health profession, if such
experience is directly used by the Military Service concerned.  Creditable
experience cannot predate the receipt of licensure, registration, or
certification.  Accordingly, volunteer, or student status cannot be
credited.

9.  DODI 6000.13, at paragraph 6.1.2.2.6. provides that additional credit
in unusual cases, based on special education or experience, can be granted
by the Secretary of a Military Department, or designee.  As determined by
Service needs, the additional credit applies to individuals with unique
qualifications that are beyond normal requirements for appointment as
commissioned officers.  The amount of credit shall be one year for each
year of special education or experience.  Maximum credit under subparagraph
6.1.2.2.5., above, must be earned before earning any experience credit
under this paragraph.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  The Board disagrees with the advisory opinion that was obtained from
Headquarters, USAREC, Chief, Medical Service Corps Division in that the
applicable regulation does provide that 2 years of constructive credit may
be granted for a master's degree in social work and that credit of 1/2 year
for each year of experience, up to a maximum of 3 years of constructive
credit, may be granted for experience in a health profession, if such
experience is directly used by the Military Service concerned.  Licensure
is not a requirement to be eligible for constructive service credit as a
social worker.

3.  However, the applicant is not entitled to the full 3 years of
constructive service credit for his experience as a social worker.  At the
time that his constructive credit was computed, he had only been employed
in his position as a social worker from May 2000 until November 2000, which
is less than 1/2-year of experience.  He was awarded 2 years of
constructive credit for his master's degree in social work and 1-year and 6
month for his experience as a clinical coordinator of the child and
adolescent acute psychiatric unit at Norfolk Community Hospital, Norfolk,
Virginia, from May 1996 through February 1998.

4.  It does appear that the applicant was awarded an additional 6 months of
constructive credit that cannot be explained by the documents that he
submitted in support of his application.  However, it is not the policy of
this Board, to correct errors in an individual's record that would result
in the individual being left in a less beneficial position than he was
prior to making application to this Board.


5.  The applicant was granted constructive credit for his degree and
experience in the field in which he was commissioned, for a total of 3
years, 6 months and 0 days.  While the applicant may now believe that he
should have been given more constructive grade credit, he has failed to
show sufficient basis for granting him any additional credit.

6.  Accordingly, the evidence of record provides no basis to approve his
request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sk____  __mhm___  __lmd___  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.




                                        Stanley Kelley
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012473                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  229  |112.0000/CONSTRUCTIVE SVC CREDIT        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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