BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20090019036 


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 recalculation of the constructive credit on his corrected DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Service Officers)), dated 27 November 2006, to show an additional 1-year credit for his internship in Clinical Psychology at the University of South Florida.

2.  The applicant states, in effect, that at the time his DA Form 5074-1-R was completed his 1-year internship in Clinical Psychology was erroneously omitted in Section B - Credit for Advanced Education Beyond Basic Qualifying Degree of his DA Form 5074-1-R.  

3.  The applicant provides:

* University of South Florida Intern in Clinical Psychology completion certificate, dated 29 August 1985
* DA Form 5074-1-R, dated 11 July 2005
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 September 2007
* U.S. Army Human Resources Command, St. Louis (HRC-STL) Orders 
C-07-515139R, dated 19 January 2007
* HRC-STL Orders C-01-702293, dated 19 January 2007
* 3-page document taken from the internet entitled "Accredited Internship Training Program" 



CONSIDERATION OF EVIDENCE:

1.  The applicant provided a University of South Florida Internship in Clinical Psychology certificate that shows, on 29 August 1985, he completed his internship.

2.  On or about 21 December 1985, the applicant received his PhD degree.  

3.  On 24 June 2005, the applicant was appointed as a Medical Service Corps officer in the rank of captain (CPT).

4.  On 11 July 2005, a DA Form 5074-1-R was initially prepared by a Health Care Recruiting Office that indicated the applicant was given 7 years of constructive credit.  The document shows the applicant's date of rank as 24 June 1998.  

4.  On 27 November 2006, a corrected DA Form 5074-1-R was reissued to the applicant.  This document shows his date of rank as 24 June 2005.

5.  Part I – Constructive Service Credit of the applicant's DA Form 5074-1-R, shows the following:

* Section A - Credit for Basic Qualifying Degree shows 4 years credit for the period June 1983 to December 1985
* Section B - Credit for Internship shows the entry "00-00-00"
* Section D – Credit for Professional Experience shows 3 years credit for the period 2 June 1987 to 7 June 2005 

6.  Part II - Prior Active Commissioned Service Credit of the DA Form 5074-4R does not show the applicant had prior active service.

7.  Part III - Computation of Entry Grade and Date of Rank shows the applicant was awarded a total of 7 years of constructive credit for entry grade determination (zero days in excess of that required for his grade).  His DOR to CPT was determined to be 24 June 2005.  He was not awarded constructive credit for advanced education beyond basic qualifying degree.

8.  In the processing of this case, an advisory opinion was obtained, dated 
25 March 2010, from a Program Manager, Health Services Directorate, U.S. Army Recruiting Command (USAREC), Fort Knox, Kentucky who determined that the applicant's constructive credit was properly computed.  The manager stated,  


"This individual was given 7 years constructive credit.  4 years was awarded for the PhD and 3 years for his work experience.  This is the maximum allowable constructive credit."

9.  On 25 March 2010, a copy of the advisory opinion was mailed to the applicant to provide him the opportunity to submit comments or a rebuttal.  The applicant did not respond to the advisory opinion.

10.  Department of Defense Instruction (DODI) Number 6000.13, dated 30 June 1997, implements the policies, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states that the entry grade credit to be awarded shall equal the sum of constructive credit and prior commissioned service (as allowed in the DODI) credit except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.

11.  Army Regulation 135-101 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his constructive credit should be recalculated based upon his one-year internship in Clinical Psychology.  However, DODI 6000.13, paragraph 6.1 specifically states a period of time shall be counted only once when computing entry grade credit.  Dual credit for the same period of time is not authorized. 

2.  Evidence of record shows that the applicant was correctly awarded 7 years constructive credit that appointed him as a CPT, which was the maximum allowable constructive credit.  His internship in Clinical Psychology ended in August 1985.  He was awarded a total of, 4 years credit for basic qualifying degree for the period Jun 1983 to December 1985 and 3 years credit for professional experience for the period 2 June 1987 to 7 June 2005.  His internship in Clinical Psychology, which was completed in August 1985, was calculated within the same time period he received the 4 years credit for basic qualification of degree.  Therefore, he cannot be given dual credit for the same time period.  Based on the foregoing, there is no basis to grant the relief requested.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ___x____  ____x___  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.




      _______ _   _x______   ___
               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)                                         AR20090019036





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ABCMR Record of Proceedings (cont)                                         AR20090019036



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