IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20100023478 


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 granted additional constructive credit for entry level grade determination of his date of rank (DOR) as a captain (CPT)/O-3 upon entry in the U.S. Army Medical Service Corps in Area of Concentration (AOC) 73B (Clinical Psychologist).

2.  The applicant states, in effect, that under the provisions of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Medical Department Branches), chapter 3, Medical Corps officers are to receive 2 years of constructive credit for earning a master's degree in public health and 1/2 year of credit for every 1 year of professional experience prior to commissioning.  He contends the DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers) used to calculate his constructive credit erroneously omitted 5 years, 4 months, and 25 days of constructive credit which resulted in an incorrect DOR and directly effects when he will be in the zone of consideration for promotion from CPT to major (MAJ)/O-4.

   a.  He contends item 8 (Inclusive Dates of Attendance) erroneously shows he attended school from 6 September 2001 through June 2008 when in fact, he attended school from 6 September 2001 through 3 February 2002 and from 7 September 2004 through June 2008.  This correction would allow for the fact that he had commissioned service on active duty and in a Reserve status as a chaplain from 4 February 2003 through 29 August 2004 and reflected this service in Part II (Prior Active Commissioned Service Credit).
   
   b.  He states the form also omits the two Master's degrees he earned:  He earned a Master's in Social Work and Master of Divinity.  He contends Army Regulation 135-101 provides that each master's degree may be awarded 2 years of constructive credit at the discretion of the Secretary of the Army.

3.  The applicant provides:

* A self-authored statement
* Active Duty Orders
* DA Form 71 (Oath of Office - Military Personnel)
* Academic Record for Alliant International University
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2004
* Order Number 310-002, dated 6 November 2007
* E-mail communications exchanged with three individuals
* Order Number 310-002, dated 7 April 2008
* DA Form 5074-1-R, dated 14 May 2007
* Request for Correction of Constructive Credit he submitted to the U.S. Army Recruiting Command (USAREC)
* Chapter 3, Army Regulation 135-101
* Academic Calendar for Alliant International University
* Diploma for a Masters in Social Work
* Diploma for a Master of Divinity

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.





2.  The applicant's record contains (and he also provides) documents which show he was awarded the following collegiate degrees:

* Bachelor of Science in Psychology, 4 May 1986
* Master of Social Work, 26 May 1990
* Master of Divinity, 5 June 1992

3.  A DA Form 61 (Application for Appointment), dated 6 July 1999, shows he applied for appointment as a commissioned officer in the Chaplain Branch of the U.S. Army Reserve (USAR).

4.  U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated 14 January 2000, appointed the applicant as a Reserve commissioned officer in the Chaplain Branch in the rank of first lieutenant (1LT) effective upon his acceptance and execution of an oath of office.

5.  On 27 January 2000, he executed a DA Form 71 to accept appointment as a 1LT in the USAR. 

6.  On 6 September 2001, he matriculated into Alliant International University in order to pursue a doctorate degree in Clinical Psychology.

7.  On 7 February 2003, the applicant was ordered to active duty in the rank of 1LT in support of Operation Enduring Freedom/Iraqi Freedom.  On 26 April 2004, he was released from active duty and transferred back to his Reserve unit after completing 1 year, 1 month, and 20 days of net active duty service.

8.  U.S. Army Human Resources Command (HRC) memorandum, dated 12 July 2004, shows the applicant was promoted to the rank of CPT in the USAR, effective 29 May 2003.

9.  On 7 September 2004, he returned to Alliant International University to continue his pursuit of a doctorate degree in Clinical Psychology.

10.  A DA Form 5074-1-R, dated 14 May 2007, shows the applicant's was awarded entry grade credit as a Health Services officer in the following manner:

	a.  Part I (Constructive Service Credit) Section A (Credit for Basic Qualifying Degree) shows he attended Alliant International University from 6 September 2001 through June 2008 which culminated in receipt of a Doctorate degree in Clinical Psychology.  As a result, he was awarded 4 years, 0 months, and 0 days of constructive credit in this category.

	b.  Part II (Prior Active Commissioned Service Credit) shows he was not awarded constructive credit for his prior commissioned service as a chaplain.

	c.  Part III (Computation of Entry Grade and DOR) shows he was awarded Total Entry Grade Credit in the amount of 4 years, 0 months, and 0 days based solely upon the credit he received for his basic qualifying degree.  As a result, it was determined he qualified for the entry rank of CPT, which only required 3 years and 3 months of constructive credit.

11.  HRC, Alexandria, VA, Order Number A-05-790501, dated 25 May 2007, ordered the applicant to active duty in the rank of CPT on 16 July 2007 for the purpose of attending the Officer Basic Course and his internship at Brooke Army Medical Center located at Fort Sam Houston, TX.  These orders also show he was to be appointed in the Reserve rank of 1LT and placed on the active duty list in the rank of CPT and his DOR was to be adjusted based on 4 years of constructive credit.  A review of the HRC Integrated Web Services database showed the applicant reported early and entered active duty on 7 July 2007.

12.  HRC, Order Number 310-002, dated 6 November 2007, determined the applicant's rank as CPT with an adjusted DOR of 7 October 2006.  HRC, Alexandria, VA, Order Number 310-002, dated 6 November 2007, amended Order Number 310-002 by changing his adjusted DOR to 18 December 2005.

13.  The applicant's Student Academic Record from Alliant International University shows he was awarded a Doctor of Psychology degree in Clinical Psychology on 19 November 2008.  His diploma shows his degree was conferred on 14 December 2008.

14.  The applicant provides a copy of the Request for Correction of Constructive Credit he submitted to USAREC and copies of email messages exchanged between him, his HRC Career Manager, his servicing personnel representative, and staff members at USAREC between 10 September 2001 and 18 March 2008.  These emails show he repeatedly claimed he should receive additional constructive credit based on his prior commissioned service and his dual master's degrees in Social Work and Divinity.

15.  In connection with the processing of this case, an advisory opinion was obtained from the Director of Health Services, USAREC Headquarters, Fort Knox, KY.  After a review of the accession record pertaining to the applicant, the Director determined that his constructive credit was not properly computed.  The Director opined:

	a.  The documentation of the applicant's education verifies his qualifying degree as a 73B, Clinical Psychologist, is his Doctor of Psychology degree from Alliant International University.

	b.  In accordance with Department of Defense Instruction (DoDI) 6000.13 (Medical Manpower and Personnel), he was awarded 4 years of constructive credit for his doctorate degree because it was his qualifying degree.

	c.  The applicant argues that his master's degrees in Social Work and Divinity add adjunctive skills to his primary specialty and contribute directly to his daily performance.  However, per DoDI 6000.13, 6.1.2.2.2, "No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master's degree and a doctorate degree may not exceed the maximum allowed for a doctorate."  In addition, the Office of The Surgeon General (OTSG) verified that neither degree is considered an adjunctive skill for AOC 73B.

	d.  In reference to additional credit for military service, the applicant had prior commissioned service as a Chaplain in the U.S. Army.  Per DoDI 6000.13, 6.1.1.2, "Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer."

	e.  In view of the foregoing, constructive credit should have been awarded for the following two periods of commissioned service:

		(1)  from 27 January 2000 to 5 September 2001 (he entered his doctorate studies on 6 September 2001); and

		(2)  from 7 February 2003 to 6 September 2004.

	f.  Constructive credit should not be awarded for the period during which the applicant was actively pursuing his Doctor of Psychology degree between 7 September 2004 and 16 July 2007 [actually 7 July 2007].

16.  In conclusion, the Director recommended that the applicant's total constructive credit be adjusted to reflect 5 years, 7 months, and 4 days with an active duty entry rank of CPT/O-3.


17.  The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  On 16 May 2011, the applicant concurred with the Director's findings and recommendation that he should be placed in the primary zone for promotion consideration to MAJ/O-4.

18.  Department of Defense Directive (DoDD) Number 6000.12 (Health Services Operations and Readiness) and DoDI Number 6000.13 prescribes policy and procedures in granting entry grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.  DoDI Number 6000.13 shows in:

   a.  paragraph 6.1.2 that constructive service credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession with a grade and DOR comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.

   b.  paragraph 6.1.2.2.2 provides that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate.

19.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department.  Table 3-1 (Constructive Service Credit) provides that credit is awarded:

	a.  in the amount of 4 years for the basic qualifying degree.

	b.  for additional advanced degrees provided they add adjunctive skills to the primary specialty and contribute directly to performance in the anticipated duty position.  However, no additional credit will be given for more than one degree in a single field.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his constructive service credit should be recomputed to show he is entitled to an earlier DOR as a CPT/O-3 upon entry into the U.S. Army Medical Service Corps in AOC 73B was carefully considered and determined to have partial merit.

2.  The evidence shows the applicant's qualifying degree as a 73B, Clinical Psychologist, is his Doctor of Psychology degree from Alliant International University.  He began his course study on 6 September 2001 and continued until 3 February 2002.  He was ordered to active duty in a Reserve status as a chaplain from 4 February 2003 through 29 August 2004.  He then resumed his course study from 7 September 2004 through June 2008.  In accordance with DoDI 6000.13, he was awarded 4 years constructive credit for his doctorate degree because it was his qualifying degree.

3.  The applicant argues that his master's degrees in Social Work and Divinity add adjunctive skills to his primary specialty and contribute directly to his daily performance.  However, DoDI 6000.13, 6.1.2.2.2, clearly states "No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master's degree and a doctorate degree many not exceed the maximum allowed for a doctorate."  Additionally, the OTSG verified that neither degree is considered an adjunctive skill for AOC 73B.  Therefore, he is not entitled to additional constructive credit for his master's degrees.

4.  In reference to additional credit for military service, the applicant had prior commissioned service as a chaplain which is not in the corps or professional specialty in which he was subsequently appointed.  Therefore, he should be awarded one-half day of credit for each day served.  In view of the foregoing, constructive credit should have been awarded for the following two periods of commissioned service as follows:

* from 27 January 2000 to 5 September 2001, a period of 588 days
* from 7 February 2003 to 6 September 2004, a period of 578 days
* 588 + 578 = 1,166 days divided by 2 = 583 days
* 583 days = 1 year, 7 months, and 13 days of constructive credit

5.  Based on the foregoing, it would be appropriate to correct the applicant's records to show he was granted entry grade credit as follows:

* Total constructive credit for basic qualifying degree = 4 years
* Total prior service credit = 1 year, 7 months, and 13 days
* Total entry grade credit = 5 years, 7 months, and 13 days

6.  The applicant was commissioned as a Medical Services Corps officer and entered active duty in the rank of CPT on 07 July 2007.  Therefore, his DOR should be adjusted to 24 February 2005 based upon his recomputed total entry grade credit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his active DOR to captain to 24 February 2005.

2.  As a result of this correction, the U.S. Army Human Resources Command, Officer Promotions Branch, Fort Knox, KY, should review the applicant's record to determine if he is eligible for consideration by a Special Selection Board(s).  If so, notify the applicant and forward his record for consideration by the appropriate Special Selection Board(s).

3.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional constructive credit for his master's degrees in Social Work and Divinity.  



      _______ _   _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)                                         AR20100023478



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ABCMR Record of Proceedings (cont)                                         AR20100023478



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