RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 April 2006
      DOCKET NUMBER:  AR20050010758


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. David K. Haasenritter         |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he was
commissioned in the rank and grade of captain, O-3.

2.  The applicant states he was not given the appropriate amount of
constructive service credit for his experience as a licensed clinical
psychologist.  He was granted credit from the date he was licensed in
Virginia.  However, he had been a licensed psychologist since 25 November
1997 in Pennsylvania.  Therefore, he should have been awarded 4 years, 1
month, and 22 days of constructive service credit for his civilian
experience.

3.  The applicant provides his Pennsylvania license; a copy of his Ph.D.
diploma; his captain promotion orders; and his original DA Form 5074-1-R
(Record of Award of Entry Grade Credit (Health Services Officers)).

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded a Ph.D. in Clinical and School Psychology in
December 1995.  The State of Pennsylvania issued him a license as a
psychologist on 25 November 1997.  He began work as a clinical psychologist
on 1 February 1998.  The State of Virginia issued him a license as a
clinical psychologist on 7 June 1999.

2.  On 28 January 2002, the applicant was appointed a first lieutenant in
the U. S. Army Reserve (USAR), Medical Service Corps.

3.  The applicant's appointment orders state he was appointed in specialty
70B (Health Services Administration).  His DA Form 5074-1-R states he was
to be appointed in specialty 73B (Clinical Psychologist).  He is performing
duties as a Clinical Psychologist.

4.  The applicant was awarded 5 years, 3 months, and 23 days of
constructive service credit (4 years for his basic qualifying degree and 1
year, 3 months, and 23 days for professional experience after obtaining his
Virginia license).

5.  The applicant completed the Officer Basic Course (Reserve Component) on
18 April 2003.  He was selected for promotion to captain by the 2005 Army
Medical Department Captain board and was promoted to captain in the USAR on
24 March 2005.

6.  In the processing of this case, an advisory opinion was obtained from
the U. S Army Recruiting Command, Medical Service Corps Division, Health
Services Directorate.  That office opined that, based on evidence the
applicant provided with his Board application that was not available with
his accessions packet (that he had been licensed by the State of
Pennsylvania before he started to work as a Clinical Psychologist in
February 1998), he should be granted a total of 5 years,  11 months, and 26
days of constructive service credit.

7.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  On 19 March 2006, he concurred with the advisory
opinion.

8.  On 27 March 2006, the Office of Promotions, Reserve Component, U. S.
Army Human Resources Command – St. Louis informed the Board analyst that,
if the applicant's records are corrected to give him an additional 8 months
and     3 days of constructive service credit, he would have been eligible
for promotion consideration by the 2003 Captain board.  However, as he had
not completed the Officer Basic Course by the time it convened, he would
not have been eligible for promotion.  He would have been eligible for
promotion consideration by the 2004 Captain board and, if selected, would
have been educationally qualified for promotion.

9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), Table 3-1, states
Medical Service Corps officers may be awarded additional credit in unusual
cases based on special education or professional experience in the
specialty in which assigned when experience is accrued after qualifying
degree and licensure at the rate of one-half year for each year of
education or experience up to a maximum of 3 years.  Paragraph 3-1 states
an individual appointed as a Reserve officer (other than Medical Corps)
without concurrent call to active duty with more than 3 years but less than
7 years of entry grade credit will be appointed as a first lieutenant.

10.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and
Personnel) implements policy, assigns responsibilities, and prescribes
procedures to carry out medical manpower and personnel programs.  Paragraph
6.1.2.2.2 states credit for doctorate degrees in a health profession other
than medicine and dentistry shall be awarded based on actual full-time
equivalent education up to four years for a doctorate.  Paragraph 6.2.2.2.5
states credit of one-half year for each year of experience, up to a maximum
of three 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.

DISCUSSION AND CONCLUSIONS:

1.  Because the U. S. Army Recruiting Command was unaware the applicant had
previously been licensed by the State of Pennsylvania, the applicant's
constructive service credit was originally calculated on his being licensed
by the State of Virginia on 7 June 1999.  By Army and Department of Defense
regulatory authorities, his constructive service credit based upon his work
experience, which began on 1 February 1998, was thereupon calculated based
on this 7 June 1999 licensing date.  He was properly appointed in the rank
of first lieutenant, rather than captain, since he was not a Medical Corps
officer and since he had less than 7 years of entry grade credit.

2.  With his application to this Board, the applicant provided evidence to
show he was originally licensed by the State of Pennsylvania in November
1997; therefore, his constructive service credit could be calculated based
upon his entire work experience.  Instead of being authorized 5 years, 3
months, and      23 days of constructive service credit, the evidence he
provided shows he would have been authorized 5 years, 11 months, and 26
days of constructive service credit.

3.  Since the applicant is making use of his civilian work experience in
his military assignments, it would be equitable to correct his records to
show he was awarded the additional service credit upon his appointment.

4.  The applicant was selected for promotion to captain by the 2005 Army
Medical Department Captain board and was promoted to captain in the USAR on
24 March 2005.

5.  Based upon the additional constructive service credit he would have
been authorized had it been known at the time, he would have been eligible
for promotion consideration by the 2003 Captain board.  However, since he
was not educationally qualified at that time, he could not have been
promoted.  He would also have been eligible for promotion consideration by
the 2004 Captain board.  It would be equitable to have his records
considered for promotion to captain by a special selection board under the
2004 criteria.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__rtd___  __phm___  __dkh___  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:

     a.  showing he was awarded 5 years, 11 months, and 26 days of
constructive service credit when he was appointed in January 2002 and by
adjusting his first lieutenant date of rank accordingly; and

     b.  following administrative implementation of the foregoing,
submitting his records to a duly constituted special selection board for
consideration for promotion to captain under the 2004 criteria.

2.  The Board further determined that the evidence presented is
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
showing he was appointed in the rank and grade of captain, O-3.




                                  __Richard T. Dunbar___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010758                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060413                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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