IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20100007499 


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 correction of her records to show she was accessed into the Army Medical Services Corps (MSC) as a Social Work Officer on 30 June 2006 in the rank of captain (CPT) instead of first lieutenant (1LT).

2.  The applicant states at the time of recruitment she was informed she would be brought in as a CPT based on her experience and education.  However, about a month before she was sworn in she was informed her rank would be that of a 1LT.  She adds the following:

	a.  While attending the Officer Basic Course she was in a class with four other social workers.  One CPT was terminally licensed while another CPT was not but had prior service.  A third was a 1LT who had just graduated from a master's program and was unlicensed.  

	b.  At her first duty assignment she served with a CPT who had minimal experience and/or skills and she had been licensed longer than he had been.  Yet, this CPT outranked her.  She also recently learned that another CPT with a similar concern requested correction of his records and received an adjustment and he now also outranks her although she has been on active duty 3 years longer than he has.

	c.  She spent over 2 years as a 1LT having had her master's degree, her independent license, and a credential of a Board-Certified Diplomate.  She believes her records should be compared to other social work officer accessions and the time she spent as a 1LT should be corrected.  
3.  The applicant provides a copy of her independent social worker license, dated 21 January 2005; a Board Certified Diplomate status certificate, dated 23 October 2006; and her college transcripts, dated 13 March 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she received a Bachelor of Art degree with a major in social work on 9 December 1995 and that she was issued an Independent Social Worker license by the State of Ohio on 21 January 2005.

2.  On 10 May 2006, the U.S. Army Human Resources Command (USAHRC), St. Louis, MO, published Orders A-05-611443, ordering her to active duty in the rank of 1LT for a period of 3 years, effective 25 September 2006 to fulfill Army requirements.  The orders further stated:  Effective on the date of entry on active duty (AD), you are appointed in the grade of 1LT and placed on the Active Duty List (ADL) in the grade of 1LT in accordance with (IAW) Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches).

3.  She was appointed in the Regular Army MSC in the rank of 1LT and executed an oath of office on 30 June 2006.

4.  On 5 September 2006, she completed the AMEDD Officer Basic Course from 5 July 2006 through 5 September 2006 and she was subsequently assigned to the U.S. Disciplinary Barracks, Fort Leavenworth, KS.

5.  On 23 October 2006, she obtained her Board Certified Diplomate status in Clinical Social Work from the American Board of Examiners in Clinical Social Work.

6.  On 7 December 2006, the USAHRC, Alexandria, VA, published Orders Number 341-004 adjusting her date of rank (DOR) as a 1LT to 23 September 2005.

7.  In January 2008, she earned a Master of Science in Social Administration.
On 12 June 2008, she was promoted to CPT with an effective date and DOR of 
1 June 2008.

8.  An advisory opinion was obtained on 12 April 2010 from the MSC Division, Health Services Directorate, U.S. Army Recruiting Command (USAREC), Fort Knox, KY.  The recommendation was that the applicant's request should be denied.  A review of her records showed she was awarded 2 years, 3 months, and 9 days of constructive service credit.  It was applied to her advanced rank upon entry.  USAREC does not compute the DOR.  She obtained her Licensed Independent Social Worker status on 20 June 2005 and has a 23 September 2005 DOR to 1LT.  This DOR is commensurate with the level of experience displayed in the supplied documents.

9.  On 21 April 2010, an official at the Department of the Army promotions, USAHRC, Alexandria, VA, agreed with the aforementioned opinion.  

10.  The applicant was provided a copy of this advisory opinion and the USAHRC concurrence but she did not respond.

11.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment of AMEDD officers in the Reserve Components (RC) of the Army.  Applicants for appointment and assignment to the MSC must have at least the qualifying college education shown under each specialty.  The educational requirement for each of the specialties must be met by attainment of the qualifying degree from an accredited college or university.  In all cases, accreditation must be effective on the date the degree was awarded.  For social work, an individual must have a master’s degree from an accredited program in social work acceptable to The Surgeon General.

12.  Grade and DOR upon original appointment and assignment to an AMEDD branch is 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 credit for prior active commissioned service.  Entry grade credit awarded to AMEDD officers upon-appointment or assignment will be recorded on DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)).  Criteria for determining the grade of RC officers ordered to active duty in an AMEDD corps will be updated at least annually and published in the DA Circular 601 series for the appropriate corps.  Authorized credit in excess of the minimum required for appointment to the appropriate grade in that circular will be used to adjust the date of rank within that grade.  Table 3-1 states that in the case of MSC officers, constructive service credit is given only for the highest degree achieved in a particular field.  In the case of social work, no credit is authorized for completion of a bachelor degree.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should have been appointed as a CPT with an appropriate DOR.  


2.  The applicant's record is void of the DA Form 5-74-R which shows the total amount of constructive service credit she received.  However, it appears she was credited with 2 years, 3 months, and 9 days of constructive service credit which authorized the applicant an entry grade of a 1LT with any credit in excess of the minimum required for appointment to 1LT being used to adjust her DOR within that grade.  

3.  Furthermore, her records show she obtained her license in 2005.  There is no credit for work experience prior to obtaining a clinical license.  As the advisory opinion states, the applicant's accession rank and DOR are commensurate with the level of experience displayed in supporting documents.

4.  With respect to other social workers who may have accessed at a higher grade or received more constructive service credit, the applicant is advised that each case is considered on its own merits.  Furthermore, the ABCMR is not an investigative agency.  

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)                                         AR20100007499



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ABCMR Record of Proceedings (cont)                                         AR20100007499



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