IN THE CASE OF:	  

		BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120005479 


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, in effect, correction of the constructive service credit (CSC) shown in his record and correction of his appointment grade.

2.  He states he believes he was commissioned incorrectly as a first lieutenant (1LT)/O-2 due to errors and omissions on his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)).  Recruiters did not show him the form and he found it in October 2011.  Errors on the DA Form 5074-1-R include:

* recording his Doctor of Philosophy (PhD) degree in clinical psychology as a Doctor of Psychology (PsyD)
* failure to record his Master of Arts (MA) degree in clinical psychology and MA in counseling
* failure to record his post-doctoral residency in gerontology
* failure to document his licenses to practice psychology in Florida and Georgia
* failure to record his post-doctoral completion of forensic examiners training
* failure to record his 7 years of professional experience from the date he earned his PhD to the date his entry-grade credit was calculated

3.  He provides:

* his DA Form 5074-1-R
* his curriculum vitae
* his university transcript
* an employment history
* two licenses
* three diplomas
* three certificates

CONSIDERATION OF EVIDENCE:

1.  On 11 July 2011, the applicant accepted appointment as a commissioned officer in the U.S. Army Reserve (USAR).  He was appointed as a 1LT/O-2 in the Medical Service Corps (MSC).  His appointment memorandum shows he was credited with 4 years, 2 months, and 18 days of service in an active status.

2.  His record includes a DA Form 5074-1-R approved on 19 July 2011.

	a.  Part I (CSC), section A (Credit for Basic Qualifying Degree), shows he was awarded 4 years of CSC for a PsyD in clinical psychology granted on 6 August 2004.  Item 8 (Inclusive Dates of Attendance) shows he was enrolled in the program from 1 August 1999 to 6 August 2004.

	b.  Part I, section B (Credit for Advanced Education Beyond Basic Qualifying Degree), shows no additional degrees and no CSC awarded.

	c.  Part I, section C (Credit for Post Baccalaureate Education), shows no entries for educational programs and specialty and no CSC awarded.

	d.  Part I, section D (Credit for Professional Experience), shows he was licensed in Florida from 24 July to 31 December 2006 and awarded 2 months and 18 days of CSC.

	e.  Part III (Computation of Entry Grade and Date of Rank) shows he was awarded 4 years, 2 months, and 18 days of total CSC and entry-grade credit.  Part III further shows:

* his entry-grade credit qualified him to be appointed as a 1LT/O-2
* credit required for 1LT/O-2 is 1 year and 6 months
* he had 2 years, 8 months, and 18 days of credit in excess of the credit required for appointment as a 1LT/O-2
* by subtracting his excess credit from his appointment date, his date of rank (DOR) was established as 23 October 2008

3.  Licensing information obtained from the State of Florida shows he was licensed as a psychologist on 24 July 2006 and his license expires on 31 May 2014.

4.  Licensing information obtained from the State of Georgia shows he was licensed as a psychologist on 25 January 2008 and his license expires on 31 December 2012.

5.  He provides diplomas showing he was admitted to the degree of:

* MA in school counseling and guidance
* PhD in clinical psychology

6.  A review of the university transcript he provides shows his MA in school counseling and guidance was conferred on 15 May 1998.  The transcript indicates his MA in clinical psychology was conferred on 16 May 2003 in conjunction with the course of study leading to his PhD.

7.  He provides certificates showing he completed:

* a clinical psychology internship from 8 September 2003 through 7 September 2004
* a post-doctoral fellowship in geropsychology for the 12 months ending on 22 August 2005

8. He provides a certificate showing he attended Florida Forensic Examiner Training on 28 and 29 October 2010.

9.  On 11 April 2012 during the processing of this case, the Medical Service Corps Program Manager, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, provided an advisory opinion.  The advisory official stated he reviewed the applicant's files and he provided an updated calculation.  His calculation, the authority for the calculation, and his comments follow.

	a.  PhD – 4 years of credit per Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), section 6.1.2.2.1;

	b.  Internship – 4 months of credit per DODI 6000.13, section 6.1.2.2.4.  The reason the applicant only received 4 months of credit and not the full 12 months was due to the fact that the first 8 months of his internship overlapped his PhD studies;

	c.  Post-Doctoral Fellowship – 1 year per DODI 6000.13, section 6.1.2.2.4; and

	d.  Work Experience – 2 years, 5 months, and 23 days.  DODI 6000.13, section 6.1.2.2.5, states:  "Credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience if directly used by the Military Service concerned."  An applicant must possess a clinical license for work experience to be credited.  In the applicant's case, work experience was calculated beginning 24 July 2006 (the date he was licensed) to 10 July 2011 (the date he was accessed into the USAR).  The total for this period is 4 years, 11 months, and 16 days.  Only half credit is authorized, which is 2 years, 5 months, and 23 days.

10.  The advisory official states the applicant's total CSC is 7 years, 9 months, and 23 days.  According to Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), paragraph 3-2, entry-grade credit of 7 years or more but less than 14 years equates to the rank of captain (CPT)/O-3.  The advisory official recommends the applicant's rank be changed to CPT/O-3.

11.  The applicant was provided a copy of the advisory opinion for review and comment.  He did not respond in the time allotted.

12.  DODI  6000.13 implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  It establishes guidelines for calculating a prospective health professions officer's entry-grade and rank within grade based upon the sum of constructive service credit and prior commissioned service credit.

	a.  Paragraph 6.1 states, in part, a period of time shall be counted only once when computing entry-grade credit.

	b.  Paragraph 6.1.2.2.2 states 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.  Credit may not include time spent in attainment of baccalaureate or other lower degrees.  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 and a doctorate degree may not exceed the maximum allowed for a doctorate.

	c.  Paragraph 6.1.2.2.4 states year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than 1 year in duration.

	d.  Paragraph 6.1.2.2.5 states credit of 1/2 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.

13.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 (Grade Determination) provides the rules and procedures for establishing grade and date of rank upon original appointment and assignment to an AMEDD branch.

	a.  Applicants selected for appointment who are awarded 7 or more but less than 14 years of entry-grade credit are appointed in the rank/grade of CPT/O-3.  Authorized credit in excess of the minimum required for appointment to the appropriate grade shown above will be used to adjust the DOR within that grade.

	b.  Applicants for appointment and assignment to the MSC must have at least the qualifying college education shown for each specialty.  Appointment in the specialty clinical psychology requires a doctoral degree from an accredited program in clinical counseling or other subspecialty of psychology and applicants must have completed an accredited 1-year clinical psychology internship or its equivalent.

	c.  Table 3-1 (CSC) states:

		(1)  No additional credit will be given for more than one degree in a single field.

		(2)  Additional credit may be awarded based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure.  For MSC officers, a 1/2-year of credit is awarded for each year of education or experience up to a maximum of 3 years of credit.

	d.  Table 3-3 (Credit for Qualifying Degree or Discipline) shows 4 years of credit are awarded for completion of doctorate-level study in clinical psychology.

	e.  Table 3-5 (Post-Baccalaureate Education Credit) shows 1 year of credit is awarded for a clinical psychology internship.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of the CSC shown in his record and correction of his appointment grade.

2.  He was granted a PhD in clinical psychology on 6 August 2004; however, the DA Form 5074-1-R in his record shows he received a PsyD.  It would be appropriate to correct his record to show the degree he actually earned.

3.  He provides a certificate showing he completed a clinical psychology internship during the period 8 September 2003 to 7 September 2004.  Although the advisory opinion indicates he should receive 4 months of credit for his internship due to overlap with his PhD studies, the record shows all but the final 31 days of his internship were overlapped by his PhD program.  Because a period of time cannot be counted more than once, it would be appropriate to correct his record to show 31 days of CSC for his internship.

4.  He states neither of his MA degrees is shown on his DA Form 5074-1-R.  This is not an error.  DODI 6000.13 states no additional credit may be given for more than one advanced degree in a single field or closely related field.  He is not authorized any CSC for his MA degrees; therefore, there is no harm in the absence of these degrees on his DA Form 5074-1-R.

5.  He completed a 1-year post-doctoral fellowship on 22 September 2005.  DODI 6000.13 authorizes year-for-year credit for fellowships.  He is entitled to 1 year of CSC based on his successful completion of this fellowship.

6.  He was licensed to practice psychology in Florida on 24 July 2006 and the available records show he has been licensed since that date.  He had been licensed for 4 years, 11 months, and 16 days the day prior to his accession on 11 July 2011 and he provides an employment history showing he was continuously employed in his field after he was licensed.  CSC for experience is credited at 1/2 year per year of experience up to 3 years.  Therefore, he is entitled to 2 years, 5 months, and 23 days of CSC based on his professional experience.

7.  In computing CSC, the number of licenses held is irrelevant.  The calculation only requires knowing the earliest date of licensure.  In light of this fact, there is no harm in the omission of his Georgia license on his DA Form 5074-1-R because he obtained this license later than his Florida license.

8.  There is no evidence indicating the forensic examiners training he completed adds any adjunctive skills that warrant granting CSC.  Therefore, there is no basis for correcting his DA Form 5074-1-R to show this training.

9.  In view of the foregoing, he is entitled to CSC as follows:

Education/Experience
CSC Authorized
Qualifying Degree (PhD)
4 years 
Internship
1 month and 1 day
Fellowship
1 year
Experience (post-licensure)
2 years, 5 months, and 23 days
Total
7 years, 6 months, and 24 days
10.  Based on the CSC calculated above, he should have been appointed as a CPT/O-3 based on having more than 7 years of CSC.  He is entitled to correction of his records to show he was appointed as a CPT/O-3.  Based on his 6 months and 24 days of excess credit, the record should show his DOR for CPT/O-3 as 17 December 2010.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* amending his DA Form 5074-1-R to show he:

* earned a PhD in clinical psychology
* received 1 month and 1 day of CSC for a clinical psychology internship completed during the period 8 September 2003 to 7 September 2004
* received 1 year of CSC for a 1-year post-doctoral fellowship completed from on or about 23 September 2004 to 22 September 2005
* was licensed in Florida from 24 July to the date of his appointment and received 2 years, 5 months, and 23 days of CSC based on his professional experience
* received total CSC of 7 years, 6 months, and 24 days

* correcting his records to show he was appointed as a CPT/O-3 with a DOR of 17 December 2010



      ____________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)                                         AR20120005479



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120005479



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1