BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100022733 


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 his records to show he was appointed in the Army Medical Services Corps (MSC) in a higher rank than captain (CPT).

2.  The applicant states he served as a Military Police officer on active duty and he was promoted to major (MAJ) in February 2007.  However, he requested release from active duty to pursue a doctorate degree in psychology.  Concurrently, he was sworn in as an MSC Reserve MAJ.  He then worked fulltime as a credentialed mental healthcare provided (Licensed Professional Counselor or LPC) at Brooke Army Medical Center (BAMC), San Antonio, TX.  In February 2010, he was selected for the Army Clinical Psychology Internship program at Tripler Army Medical Center (TAMC), HI, and recently returned to active duty.  Recruiting officials awarded him 8 years and 11 months of constructive service credit (CSC) based on his education and experience, which qualified him for entry as a CPT.  He feels several other variables were not considered.  

3.  The regulation authorizes CSC for advanced degrees if the degree adds adjunctive skills to the primary specialty and contributes directly to the performance of anticipated duty position.  He has three Masters degrees associated with psychology but he received credit for only one degree.  In 2009, he earned a Master of Science in Clinical Psychology as part of his PhD (Doctor of Philosophy) program and he received credit for this degree.  


4.  Previously in 2004, he earned a second Master degree in Counseling and Leadership Development as part of his training with cadets at West Point Military Academy.  Counseling is closely related to psychology and the courses he took paved the way for him to become an LPC.  Furthermore, the LPC allowed him to become an independent credentialed mental health therapist at BAMC.  Additionally, in 1994, he earned a third Master degree in Education and concurrently became licensed to teach social science (including psychology).  He did so for several years.

5.  Table 3-4 of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) allows credit for an advanced degree in psychology but not counseling.  His personal experience is that the curriculum for the two is very similar.  A counseling degree clearly fulfills the spirit in the regulation for awarding credit for associated field that adds adjunctive skills to the primary specialty and contributes directly to the performance in the anticipated duty positions.  If credit can be awarded for psychology, why can't it be also awarded for counseling?  Additionally, the regulation allows additional credit for officer in the Medical or Dental Corps but not in MSC.  He does not understand the rationale here.  He believes his education also adds adjunctive skills to the primary specialty and contributes directly to the performance in anticipated duties and thus also fulfills the spirit of the regulation.

6.  He has worked hard to earn his PhD and he continues to serve thousands of Soldiers, many of whom returned to combat.  Had he remained the Army, he would have been promoted to MAJ and would even be competing for a higher grade.  He should be a filed grade officer.

7.  The applicant provides:

* DA Form 71 (Oath of Office)
* Results of the Army Medical Department (AMEDD) Selection Board
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Officer Record Brief and Resume
* Bachelor of Science diploma, 1998
* Master of Arts in Teaching diploma,1994
* Master of Science diploma, 2005
* Master of Arts in Psychology with an Emphasis in Clinical Psychology diploma, 2009
* Licensed Professional Counselor Certificate, 2008
* Various College transcripts
* Orders A-05-014408 (orders to active duty)
* Orders 018-030 (promotion to MAJ)
CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 29 March 1996 and held military occupational specialty 11M (Fighting Vehicle Infantryman). He was honorably discharged on 28 March 2000 to accept a commission in the Army.  He completed 4 years of creditable active service in an enlisted status.

2.  His records also show he was appointed as an infantry Reserve commissioned officer in the rank of second lieutenant and executed an oath of office with concurrent call to active duty on 25 September 1997.  He completed various infantry and Military Police training courses, served in staff or leadership positions, and attained the rank of MAJ on 1 February 2007.

3.  On 20 April 2007, the Director of Health Services released the results of the 11-13 April 2007 Army Medical Department (AMEDD) Selection Board for the U.S. Army Reserve (USAR) and Active Medical Service Corps.  The results show the applicant's commission was pending Senate Confirmation/Secretary of Defense approval.  

4.  On 31 July 2007, he was honorably discharged from active duty for miscellaneous reasons.  He completed 9 years, 10 months, and 6 days of creditable active service as a commissioned officer.

5.  Concurrent with his discharge from active duty, he was appointed as a Medical Services (MS) MAJ in the USAR and executed an oath of office on 1 August 2007.  He was assigned to the USAR Control Group (Officer Active Duty Obligator or OADO).

6.  Also on 1 August 2007, he entered into the Armed Forces Health Professions Scholarship Program (HPSP).  The HPSP offers prospective military physicians, dentist, nurse practitioners, optometrists, psychologist, and other medical professionals a paid medical education in exchange for service as a commissioned medical department officer. 

7.  On 24 June 2008, he was issued a state license authorizing him to practice the profession of counseling and authorized him the title of LPC.

8.  On 16 April 2010, an official submitted a DA Form 5074-1-R [Record of Award of Entry Grade Credit (Health Services Officers)] for the applicant.  He was awarded 8 years, 11 months, and 3 days of CSC as follows:

	a.  4 years for his clinical psychology degree, 4 March 2006 to on or about 8 November (4 years of CSC credit is given for the highest degree); and 
	b.  4 years, 11 months, and 3 days for his prior commissioned service (25 September 1997 to 31 July 1999 as an MP officer, counted as half day for each day of prior commissioned service in an active status in other than the specialty in which being appointed). 

9.  This form shows he was authorized an entry grade as a CPT which required 4 years of CSC, while the remaining 4 years, 10 months, and 3 days was applied to his date of rank (DOR), thus establishing his DOR as 8 October 2007. 

10.  On 12 May 2010, the U.S. Army Human Resources Command, St. Louis, MO (HRC-STL), published Orders A-05-014408, ordering him to active duty in the rank of CPT with assignment to the Student Company, TAMC, HI, effective 23 August 2010.  Additionally, effective on the date of entry on active duty, he was appointed in the grade of CPT and placed him on the ADL (Active Duty List) in the grade of CPT in accordance with Army Regulation 135-101. 

11.  His records show he executed an oath of office on 23 July 2010 and entered active duty for this current tour also on 23 August 2010. 

12.  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.  

13.  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 CSC 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.  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 DOR within that grade.  Entry grades are as follows:

* 4 years or more, but less 14 years, CPT
* 14 years or more, but less than 21 years; MAJ
* 21 years or more, but less than 23 years; lieutenant colonel

14.  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, as specified in Table 3-3 (Credit for Qualifying Degree or Discipline).  Table 3-3 states the degree of clinical psychology is authorized 4 years of CSC at the doctorate level but no credit at the master or baccalaureate levels. 

15.  Table 3-4 (Credit for additional advanced degrees) provides a listing of advanced degrees earned in selected specialties that may qualify for additional CSC.  The advanced degrees of Master in Counseling and Leadership Development and Master in Education are not listed in the list of degrees authorized additional CSC.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows the applicant served on active duty as a commissioned officer in a specialty other than the specialty in which being appointed from 25 September 1997 to 31 July 2007.  He completed 9 years, 10 months, and 6 days of prior commissioned active service.  He was appropriately awarded 4 years, 11 months, and 3 days of CSC (half day for each day) which is correctly shown on his DA Form 5074-1-R.

3.  The evidence of record also shows the applicant completed a degree in clinical psychology.  MSC officers are authorized 4 years of CSC for the highest degree achieved in a particular field.  His clinical psychology degree qualified him for 4 years of CSC which is appropriately shown on his DA Form 5074-1-R.

4.  He received a total of 8 years, 11 months, and 3 days of CSC.  By regulation, 4 years or more but less 14 years of CSC qualifies for entry as a CPT.  The excess CSC of 4 years, 11 months, and 3 days was applied to his DOR.

5.   Table 3-4 of the governing regulation provides a listing of advanced degrees earned in selected specialties that may qualify for additional CSC.  The advanced degrees of Master in Counseling and Leadership Development and Master in Education are not listed in the list of degrees authorized additional CSC.

6.  In view of the foregoing evidence, it appears that he received the appropriate CSC.  He has not shown on error or an injustice in the computation of his CSC. 



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)                                         AR20100022733



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ABCMR Record of Proceedings (cont)                                         AR20100022733



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