AR20140000043

IN THE CASE OF:

BOARD DATE: 13 November 2014

DOCKET NUMBER: AR20140000043

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 4years of constructive service credit (CSC) in recognition of his graduate degree for the entry-level grade determination of his date of rank (DOR) as a captain (CPT)/O-3 upon entry into the U.S.Army Medical Services (MS) Corps.

2. The applicant states that he needs his DOR corrected in order to ensure future promotions occur in a timely manner. He also states that the DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) which was submitted upon his appointment indicates that he was awarded 4years entry grade credit for his graduate education, but it was not accounted for in his DOR. He further states that his:

* Officer Record Brief (ORB) indicates his DOR is 12September 2010
* DAForm 71 (Oath of Office – Military Personnel) was executed on 13June 2011
* branch (presumably his career manager at the U.S. Army Human Resources Command (HRC)) indicates that he is in Year Group 2007

3. The applicant provides:

* DAForm 71
* DAForm 5074-1-R
* Orders to Active Duty

CONSIDERATION OF EVIDENCE:

1. The applicant’s records show he was awarded a Bachelor of Arts degree in Psychology with a Minor in Sociology from the University of Missouri – Columbia on 14May 2004.

2. A DAForm61 (Application for Appointment), dated 7January 2010, shows he applied for appointment as a commissioned officer in the MS branch of the Regular Army. This form also shows he was pursuing a graduate degree in Psychology at the University of Southern Mississippi at the time.

3. His record contains a USAREC Form 1131 (Department of the Army Service Agreement – F. Edward Hebert Armed Forces Health Professions Scholarship Program), dated 26March 2010, which shows he was to be enrolled as a full-time student, in an accredited institution in a graduate course of study in medicine, osteopathy, or other health profession designated by The Surgeon General (TSG), United States Army, leading to a degree in Clinical Psychology.

4. HRC, St. Louis, MO, memorandum dated 26March 2010 shows he was appointed as a Reserve commissioned officer of the Army and executed an Oath of Office on 26March 2010. His appointment memorandum and DAForm 71 show his entry grade as second lieutenant (2LT)/O-1. He was assigned to U.S. Army Reserve Control Group (Officer Active Duty Obligor (OADO)).

5. The applicant’s transcript substantiates the information contained on his DAForm5074-R, dated 18April 2011. This form shows the applicant was awarded a total of 4years of CSC in the following amounts for the following dates, degrees, internship, professional education, and/or professional experience in the following manner:

a. PartI (CSC), sectionA (Credit for Basic Qualifying Degree), shows he attended University of Southern Mississippi, from August 2007 to August 2012 which culminated in receipt of a Doctorate of Psychology (PsyD) degree in Clinical Psychology. As a result, he was awarded 4years, 0months, and 0days of constructive credit in this category.

b. PartI, sectionB (Credit for Advanced Education Beyond Basic Qualifying Degree), shows he was awarded 0years, 0months, and 0days of constructive credit in this category.

c. PartI, sectionC (Credit for Post Baccalaureate Education), shows he was awarded 0years, 0months, and 0days of constructive credit in this category.

d. PartI, sectionD (Credit for Professional Experience), shows he was awarded 0years, 0months, and 0days of constructive credit in this category.

e. Part II (Prior Active Commissioned Service Credit), shows he was awarded 0years, 0months, and 0days of constructive credit in this category.

f. PartIII (Computation of Entry Grade and DOR) shows he was awarded total entry-grade credit in the amount of 4years, 0months, and 0days. As a result, it was determined he qualified for the entry rank/grade of CPT/O-3 which only required 3years and 1month of constructive credit- which means he was credited with 11months in excess of that required for his rank/grade, which would be applied toward establishing his DOR.

6. HRC Orders A-04-108681, dated 28 April 2011, show the applicant was ordered to active duty in the rank/grade of CPT/O-3 with a reporting date of 13June 2011.

7. On 13June 2011, the applicant executed an Oath of Office and entered active duty as a member of the Regular Army MS Corps in the rank/grade of CPT/O-3. On this same date, he entered the U.S. Army Clinical Psychology Internship Program (CPIP).

8. HRC Order Number210-102, dated 29July 2011, shows the applicant’s adjusted DOR for the rank/grade of CPT/O-3 was determined to be 12September 2010, 9months and 1day prior to his entry on active duty.

9. The applicant’s ORB shows date of entry on active duty as 13June 2011 and his DOR for CPT/O-3 as 12September 2010.

10. On 6February 2014, an advisory opinion was obtained from Chief, MS Corps Branch, Health Services Directorate, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY in the processing of this case. The advisory official recommended partial approval of the applicant’s request and stated:

a. The applicant applied to become a Clinical Psychologist (area of concentration 73B) and enter the military through the CPIP in Fiscal Year 2011 (FY11). To be fully qualified as a 73B one must complete a Doctor of Philosophy (PhD) or PsyD in psychology, which includes completing a one-year American Psychological Association (APA) accredited psychology internship and completing the dissertation for the degree to be awarded. In accordance with Department of Defense Instructions (DODI) 6000.13 (Medical Manpower and Personnel), Section 6.1.2.2.2., officers accessed through CPIP are granted 4 years of constructive credit for their doctoral degree and enter active duty in the rank/grade of CPT/O-3.

b. The applicant took his oath on 13June 2011 and reported for his internship on 30June 2011 at Tripler Army Medical Center. The applicant’s DOR was adjusted back 9 months from his oath date to 12September 2010 (which was miscalculated by 1 day). His actual DOR should be 13September 2010. This date is derived from the fact that the phase points for pin-on-point to CPT in FY11 were 3 years and 3 months. In accordance with DODI 6000.13, Section 6.1., a period of time shall be counted only once when computing entry grade credit and he is not granted credit for his year in internship, which is required to obtain his conferred degree.

c. In conclusion, the applicant’s constructive credit as listed on his ORB was calculated incorrectly. The recommendation is that his DOR be changed to reflect 13September 2010. A corrected DAForm 5074-1-R may be provided upon request.

11. The applicant was provided a copy of the advisory opinion and afforded an opportunity to respond. He elected not to provide a response.

12. Department of the Army, Office of The Surgeon General, memorandum, dated 4April 2011, Subject: FY11 Promotion Phase-In Points for Entry Grade Determination, provided the promotion phase-in points to be used as benchmarks in determining the appropriate entry grade for Army Medical Department officer appointments with “concurrent call to active duty” for FY11 to Commander, U.S. Army Recruiting Command.

13. Department of Defense Directive Number6000.12 (Health Services Operations and Readiness) and DODI6000.13 prescribe policy and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a “health professions officer” in the Military Departments. DODI6000.13 shows:

a. in paragraph 6.1 that a period of time shall be counted only once when computing entry grade credit.

b. in paragraph 6.1.2 that 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 serve for the period of time it would take to obtain the additional education.
c. credit for a PsyD shall be awarded based on actual full-time equivalent education of up to 2 years for a master degree and up to 4 years for a doctorate.
Credit may not include the time spent in attaining the baccalaureate or other lower degrees. No additional credit may be awarded for more than one advanced degree in a single field, or closely related field. The total credit allowed for having both a master and a doctorate degree may not exceed the maximum allowed for a doctorate.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contention that his CSC should be recomputed to show he is entitled to an earlier DOR as a CPT/O-3 was carefully considered and determined to lack merit.

2. He received 4 years of CSC for his PsyD in Clinical Psychology. The DODI states that credit for a PsyD shall be awarded based on actual full-time equivalent education of up to 2 years for a master degree and up to 4 years for a doctorate. Credit may not include the time spent in attaining the baccalaureate or other lower degrees. No additional credit may be awarded for more than one advanced degree in a single field, or closely related field. The total credit allowed for having both a master and a doctorate degree may not exceed the maximum allowed for a doctorate. At the time, 3 years and 3 months CSC authorized appointment as a CPT, with the appropriate excess credit used, if applicable, to adjust the DOR.

3. A reevaluation was conducted of the documents he submitted with his CSC packet in 2011. The reevaluation determined the applicant’s original DAForm5074 was in error and should be revised to show a requirement of 3years and 3 months credit for award of the rank/grade of CPT/O-3 resulting in 9months of CSC in excess of that which is required for grade instead of 3years and 1month resulting in 9months of CSC in excess of that which is required for grade based upon the FY11 phase-in point guidance.

4. The applicant was commissioned as an MS officer and entered active duty in the rank of CPT on 13June 2011. Therefore, the advisory official recommended amending the applicant’s current DOR from 12September 2010 to 13September 2010, 9months prior to his date of entry on active duty (based upon his recomputed total entry-grade credit).

5. Notwithstanding the foregoing, although the applicant’s DOR is currently one day prior to what it should be, it is the general policy of the Board not to cause an applicant to be worse off than he or she would have been had the Board not acted in the case. Therefore, it would not be appropriate for this Board to change his current DOR.

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) AR20140000043

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ABCMR Record of Proceedings (cont) AR20140000043

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