IN THE CASE OF:	  

		BOARD DATE:	        16 JULY 2009

		DOCKET NUMBER:  AR20090002121 


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 that he be given additional constructive service credit and that his entry grade be changed from first lieutenant to captain.

2.  The applicant states, in effect, that he attained a master's degree in May 2000, that he has been a licensed practitioner since October 2000, that he has been consistently employed in the field for over 8 years, and that he served 6 years in the Army National Guard with an honorable discharge.  However, he claims that he only received constructive credit totaling 2 years upon his commission.  He points out that a classmate (also a Social Worker) attained the rank of captain having only 4 years of civilian work experience, no prior military service, and did not have a master's degree until 2004.

3.  The applicant provides a resume, an appointment memorandum, active duty orders, a transcript, a DA Form 705 (Army Physical Fitness Test Scorecard), an NGB Form 22 (Report of Separation and Record of Service), and two DD Forms 214 (Certificate of Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Army National Guard, the applicant was appointed a first lieutenant in the U.S. Army Reserve, Medical Service Corps, on 24 November 2008 with 2 years, 2 months, and 4 days of constructive credit (apparently for work experience).

2.  The applicant's DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) is not available.

3.  On 10 March 2009, the applicant completed the Army Medical Department Officer Basic Course.

4.  The applicant entered active duty in March 2009 and is performing duties as a social worker.

5.  Orders, dated 3 April 2009, determined the applicant’s grade of rank to be first lieutenant and his active date of rank (DOR) to be 27 April 2008.

6.  In the processing of this case, an advisory opinion was obtained from the Medical Service Corps Division, Health Services Directorate, U.S. Army Recruiting Command.  The Medical Service Corps Division determined that the applicant's constructive credit was properly computed based on the data that was available to the Health Services Directorate at the time of boarding; however, when the packet came forward to Headquarters, U.S. Army Recruiting Command, for a correction of his records, it was determined that the applicant had not listed a clinical social work license that he had received at a date earlier than the one provided for boarding.  Since work experience is computed from the date of the license, the applicant's constructive credit was dated from the license he provided, granting him 2 years, 2 months, and 4 days of credit.  That office recommends that constructive credit be adjusted to 3 years, 7 months, and 21 days and that his date of rank be adjusted accordingly to captain.  On 9 July 2009, an official at the Medical Service Corps Division verified that the phase point for captain, Regular Army, Medical Service Corps, is 3 years and 2 months.

7.  On 29 March 2009, the advisory opinion was furnished to the applicant for his review and possible rebuttal.  He did not respond within the given time frame.

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides policy for the appointment of Reserve commissioned officers for assignment to Army medical branches.  Chapter 3 provides that grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry-grade credit awarded.  Except as limited by maximum credit limits, entry-grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.  Additional credit may be granted 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 (Medical Service Corps officers are granted 1/2 year for each year of education or experience up to a maximum of 3 years of credit).

9.  Title 10, U.S. Code, section 12207(e), states constructive service credited an officer under subsection (b) (education) shall be used only for determining the officer's initial grade, rank in grade, and service in grade for promotion eligibility.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant entered active duty he was awarded only 2 years, 2 months, and 4 days of constructive service credit based upon work experience.  This amount of credit was sufficient only for appointment as a first lieutenant.

2.  The advisory opinion points out that the applicant's constructive credit was properly computed based on the available documentation at the time of boarding.  However, upon review of the applicant's records, it was determined that he did not list a clinical social work license obtained earlier than the license he initially provided.  Based on the foregoing and the advisory opinion recommendation, it would be appropriate to adjust his constructive credit to 3 years, 7 months, and 21 days and adjust his DOR to captain accordingly.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

	a.  showing he entered active duty as a captain with 3 years, 7 months, and 21 days of constructive service credit;

	b.  adjusting his active DOR to captain accordingly; and

	c.  that the Defense Finance and Accounting Service pay to him any and all back pay and allowances due as a result of the above correction.



      ___________XXX______________
       	     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.

ABCMR Record of Proceedings (cont)                                         AR20090002121



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ABCMR Record of Proceedings (cont)                                         AR20090002121



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