MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000                   
	DOCKET NUMBER:   AR1999034736

	I certify that hereinafter is recorded the record of consideration 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 Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show he entered active duty as a captain.

APPLICANT STATES:  That his doctorate (in clinical psychology) had been completed when he was initially boarded.  Rather than completing a new application, the Army Medical Department (AMEDD) recruiter stated that his rank and area of concentration (AOC) would be changed easily.  He has held the Ph.D. in clinical psychology throughout his service in the Army and his AOC was changed to 73B, Clinical Psychologist, on 15 April 1999.  Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records show:

He completed his Ph.D. in clinical psychology on 12 August 1997 from the California School of Professional Psychology.  An undated license issued apparently by the State of Idaho indicates he met the requirements for licensure and was entitled to operate as a psychologist.  He was boarded and selected as a 70B67 (Field Medical Assistant) on 13 August 1997 and was appointed a second lieutenant in the Army National Guard on 24 September 1997.  He completed the AMEDD Officer Basic Course, specialty 70B (Health Services Administration) on 3 November 1998.  On 15 April 1999, he was awarded AOC 73B (Clinical Psychologist).

In the processing of this case, an advisory opinion was obtained from the Medical Service Corps Branch, U. S. Army Recruiting Command.  That office noted that the applicant had been boarded and selected as a 70B67 and that no additional constructive credit for education above a bachelor of science degree is awarded to individuals awarded this AOC.  It noted that many people with advanced degrees apply in the Reserves as a 70B because some of the clinical specialty slots can be difficult to locate or at the time of application the applicant does not meet all of the requirements (certification, license, etc).  If he had applied for and was boarded and selected as a Clinical Psychologist, he would have received constructive credit for his Ph. D.  However, his rank cannot be changed because he was not boarded or selected as a Clinical Psychologist for his initial appointment.

A copy of the advisory opinion was provided to the applicant.  He did not respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There is insufficient evidence of record and the applicant provides none to show that he was fully qualified to be boarded and selected for his initial Reserve appointment as a 73B.  The license provided is not clear on when the applicant was licensed to practice as a psychologist.  There is no evidence to show that had the applicant been fully qualified for and applied as a 73B he would have been selected for appointment in the Reserves as a 73B in August 1997.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __mkp___  __eja___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999034736	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	102.08	
2.		
3.		
4.		
5.		
6.