IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110010389 


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:

* additional constructive service credit (CSC) to reflect over 10 years of practice as a licensed/certified social worker
* correction of his entry grade from first lieutenant (1LT) to captain (CPT)

2.  The applicant states:

* He attained a master's degree in December 2000 and he has been a licensed practitioner since, with no break in employment
* He had over 10 years of prior social worker service and he was told by his recruiter he would enter the Army as a CPT
* His branch manager told him he would be credited with the experience after receipt of his LCSW (Licensed Clinical Social Worker)
* He met all DOD and Army regulatory requirements for the additional CSC
* The Army currently commissions social workers without a license, some of whom have already been promoted ahead of him
* Promoting new, unlicensed officers confirms his position that a license is not needed

3.  The applicant provides:

* Email exchange with his assignment manager
* 
Request to the U.S. Army Human Resources Command (HRC) for additional CSC and a higher grade
* Résumé, College Transcripts, and State LCSW license
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* Orders to active duty
* DA Form 71 (Oath of Office - Military Personnel)
* HRC Memorandum, Subject: Special Selection Board Notification - Omission
* Military Personnel (MILPER) Message Number 10-234, Subject: Fiscal Year 2011 CPT, Army Competitive Category Promotion Board Zones of Consideration 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was awarded a Bachelor of Arts in Psychology in 1997 and a Master of Social Work degree from the University of Connecticut on 31 December 2000.  He subsequently worked as a social worker, mental health clinician, or guidance counselor in various institutions/organization.

2.  He received his license as a Clinical Social Worker in the State of Florida on 6 November 2009.  He was subsequently considered by the U.S. Army Recruiting Command (USAREC) board for appointment as a commissioned officer in July 2010.

3.  He was appointed as a Regular Army Medical Services (MS) Corps commissioned officer in the rank of 1LT and he executed a DA Form 71 on       17 November 2010.  He was awarded CSC from 6 November 2009 (licensure date) to 27 July 2010 (USAREC board date).  His date of rank (DOR) was established as 1 December 2010, to be adjusted based on 2 years, 4 months, and 11 days of CSC.

4.  He successfully attended and completed the Army Medical Department (AMEDD) Basic Officer Leader Course at Fort Sam Houston, TX, from 27 January 2011 to 4 April 2011.

5.  He was assigned as a Deputy Chief, Community Behavioral Health Clinic, U.S. Army Medical Department Activity (MEDDAC), Fort Stewart, GA.

6.  On 27 May 2011, he was credentialed as a Board Certified Diplomate in Clinical Social Work by the American Board of Examiners in Clinical Social Work.

7.  On 16 September 2011, an advisory opinion was obtained from the Health Services Directorate, HRC, Fort Knox, KY.  The advisory official recommended disapproval of any additional CSC or correction to the applicant's entry grade.  He stated:

	a.  The documentation of the applicant's education verifies that his qualifying degree for appointment as a social worker is his Master in Social Work.  He was awarded 2 years of CSC for this degree as required by Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel).

	b.  According to the DODI, creditable experience cannot predate the receipt of licensure.  He was licensed as a clinical social worker on 6 November 2009.  By regulation, a license is required to enter on active duty as a fully qualified social worker in the Army.  He was awarded CSC from 6 November 2009, the date of licensure, to 27 July 2010, the date of the USAREC board date.  In accordance with DODI 6000.13, paragraph 6.1.2.2.5, credit of one-half year for each year of experience, up to a maximum of 3 years, may be granted for experience in a health profession, if such experience is directly used by the military service concerned.  He was awarded 4 months and 11 days.

	c.  Although it is true that other officers enter the Army as 1LTs, they do so through a different accession program and are not considered fully qualified until they receive their license.

8.  On 16 September 2011, the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant responded by providing his credentials as a Board Certified Diplomate in Clinical Social Work by the American Board of Examiners in Clinical Social Work with an initial certification date of 27 May 2011.

9.  DODI 6000.13, paragraph 6.1.2 (CSC) states CSC 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 serves for the period of time it would take to obtain the additional education. CSC shall be awarded as follows:

	a.  6.1.2.2.2.  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.

	b.  6.1.2.2.5.  Credit of one-half year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the military service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.

	c.  6.1.2.2.6.  Additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of a Military Department, or designee.  As determined by service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers.  The amount of credit shall be 1 year for each year of special education or experience.  Maximum credit under subparagraph 6.1.2.2.5 above, must be earned before earning any experience credit under this paragraph.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was licensed as a Clinical Social Worker in the State of Florida on 9 November 2009.  He was considered by a USAREC board on 27 July 2010 
for appointment as a commissioned officer.  He was appointed as a Regular Army 1LT based on his Master in Social Work degree and he was awarded
2 years of CSC for this degree.

2.  He was also awarded 4 months and 11 days of additional CSC for his experience from 9 November 2009 (date of license) to 27 July 2010 (USAREC board date) based on the rule that allows credit of one-half year for each year of experience (pro-rated).  According to the DODI, credit for one-half year for each year of experience up to a maximum of 3 years of CSC may be granted for experience in a health profession, if such experience is directly used by the military department concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.

3.  His total CSC added up to 2 years, 4 months, and 11 days.  This CSC qualified him for entry as a 1LT with the excess CSC of 4 months and 11 days applied toward his adjusted DOR.

4.  His argument has been noted.  However, DOD guidance stipulates that a license is required to enter active duty as a fully qualified social workers.  

5.  In view of the foregoing evidence, the applicant appears to have received the appropriate CSC.  He has not shown any error or injustice in the process.  Therefore, he is not entitled to the requested relief.

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)                                         AR20110010389



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ABCMR Record of Proceedings (cont)                                         AR20110010389



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