IN THE CASE OF: BOARD DATE: 16 February 2022 DOCKET NUMBER: AR20210005998 APPLICANT REQUESTS: correction of his record to show he was he was awarded constructive service credit for the period 25 January 2015 to 5 September 2019, for professional experience. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Officer Record Brief (ORB) * Curriculum Vitae * License Information * Letter of Employment * Master of Science Transcripts * Orders A-08-901122 (Orders to Active Duty) * Orders A-08-901122A01 (Amendment to Active Duty Orders) * DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers) * E-mail Communication with the U.S. Army Recruiting Command (USAREC) * Statement of Career Timeline FACTS: 1. The applicant states the amount of constructive credit he received is incorrect because the calculation ended when his packet went to his board instead of ending when he commissioned and started training. The inclusive dates for his professional experience on his DA Form 5074-1-R are 17 March 2015 to 26 February 2019 resulting in 1 year, 5 months, and 20 days of constructive credit awarded. However, his inclusive dates should be from 25 January 2015 to 5 September 2019 because he was employed and a practicing Occupational Therapist during that time. This would result in an additional service credit and he was informed it would change his current rank. 2. The applicant provides: a. His college transcripts, which show on 20 December 2015, the applicant received his Master of Science in Occupational Therapy. b. A letter of employment, which verifies his employment dates from 25 January 2016 to 5 September 2019. c. His license information, which shows on 26 January 2016, he applied for his Occupational Therapy license in the State and on 24 March 2016, he was awarded the license. 3. The applicant executed a DA Form 71 (Oath of Office – Military Personnel) on 26 July 2019 as a Reserve commissioned officer in the rank/grade of first lieutenant (1LT)/O-2. 4. His record contains a DA Form 5074-1-R, dated 31 July 2019, which shows he was awarded a total of 3 years, 5 months, and 20 days of constructive service credit: * Credit for Basic Qualifying Degree: Master of Science Occupational Therapy Degree – 2 years, 20 May 2013 to 20 December 2015 (day for day, maximum 2 years) * Credit for Professional Experience: Occupational Therapy License – 1 year, 5 months, and 20 days, 17 March 2015 to 26 February 2019 (one-half day credit for each day of qualified, licensed work experience) * Total constructive credit 3 years, 5 months, and 20 days * Credit Required for Grade: 1 year and 6 months: 1LT/O-2 * Excess credit applied to date of rank: 1 year, 11 months, and 20 days * Adjusted date of rank based on excess credit: 6 August 2017 5. Orders A-08-901122, dated 23 August 2019, ordered the applicant to active duty with a report date of 25 August 2019 to attend Basic Officer Leadership Course Phases 1 and 2. 6. Orders A-08-901122A01, dated 26 August 2019, amended the applicant’s active duty orders concerning his report date from 25 August 2019 to 8 September 2019. 7. The applicant’s record contains Orders Number 091-001, dated 31 March 2020, which show a determination affecting his promotion status was made and his rank/grade to 1LT/O-2 has an adjusted date of rank to 5 August 2017. 8. The applicant provides e-mail correspondence between him and USAREC, which shows he requested assistance with his packet for constructive service credit. 9. His record contains Order Number 356-003, dated 21 December 2021, which shows he was promoted to the rank/grade of captain (CPT)/O-3 with a date of rank of 13 December 2021. 10. The applicant also provides: a. His ORB, which shows his service history, awards, promotion dates, and other personnel information. b. His curriculum vitae, which shows his education (civilian and military), certifications, and professional experience. c. A summary of his career timeline, which shows his education, license information, employment, and constructive credit received. 11. An advisory opinion was received from USAREC in the processing of this case. On 12 August 2021, the Director of Health Services provided: a. The application and military recruiting records of the applicant were reviewed. It is the opinion of USAREC that his constructive service credit be updated to reflect his total constructive credit authorized. His entry rank will not change as a result of this action. b. Constructive credit is calculated based on qualifying education, professional work experience, and military experience in accordance with Department of Defense guidance, policies and instructions. He obtained his qualifying degree for the AOC 65A Occupational Therapist on 20 December 2015. He is eligible for 2 years’ constructive credit for his Master of Science in Occupational Therapy degree. c. On 26 January 2016, he was awarded a temporary Occupational Therapy license issued by the State of while pending the passing of the National Board for Certification in Occupational Therapy (NBCOT). On 17 March 2016, he received NBCOT certification . On 24 March 2016, he was awarded an active Occupational Therapy License by the State of . d. Consistent [with] DoD Instruction 6000.13, a person receiving an appointment to the Regular Army in an Army Medical Department (AMEDD) Branch will receive one- half day credit for each day of qualified, licensed work experience. He worked at the Rehabilitation Hospital of Indiana from 25 January 2016 to 05 September 2019. However, he did not receive his NBCOT certification until 17 March 2016. e. He commissioned into the Inactive Ready Reserve (IRR) on 26 July 2019 as a 1LT/O2 in the Army Medical Specialist Corps (SP) per the U.S. Army Reserve (USAR) DA [Form] 71 (Oath of Office). At the time he entered a military status, he is no longer eligible for additional constructive credit for professional work experience. He reported to Fort Sill, OK on 8 September 2019 for AMEDD Direct Commission Course and assessed active duty as a 1LT. f. Dates eligible to receive one-half day credit for every day of professional work experience are as follows: 17 March 2016 to 25 July 2019. Therefore, he is authorized 1 year, 8 months, and 4 days of constructive credit for professional experience. g. Combined with the 2 years of constructive credit for his qualifying master’s degree, his total constructive credit authorized is 3 years, 8 months, and 4 days. This qualifies him for the grade of 1LT/O-2. He direct commissioned into the SP Corps at the correct grade of 1LT/O-2. Recommend adjusting the DA Form 5074-1 to reflect the corrected amount of one-half day professional constructive credit from the date he was awarded an active Occupational Therapy license (17 March 2016) to the day before he commissioned as a 1LT into the IRR (25 July 2019). 12. On 20 August 2021, the applicant was provided with a copy of this advisory opinion for acknowledgement and/or rebuttal. He did not respond. 13. According to regulation, grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon appointment or assignment will be recorded on a DA Form 5074- R. Constructive service credit will be awarded as follows: * full-time experience not otherwise credited as a practicing physical, osteopath, or dentist after qualifying degree – ˝ year for each year of experience, up to a maximum of 3 years * master’s level degree – 2 years’ constructive credit BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and USREC, Health Services Directorate advisory the Board concurred with the advisory opinion finding sufficient evidence for correction of the applicant’s record to show he should be awarded constructive credit for the period 25 January 2015 to 5 September 2019, for professional experience. The Board determined the applicant is authorized 1 year, 8 months, 4 days constructive credit for professional experience. Combined with the 2 years of constructive credit for his qualifying master’s degree, 1LT total constructive credit authorized is 3 years, 8 months, 4 days. Based on this, the Board granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 to show he was he was awarded constructive service credit for the period 25 January 2015 to 5 September 2019, for professional experience. 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. REFERENCE: Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), currently in effect, provides eligibility requirement and processing procedures for the appointment of AMEDD officers with or without concurrent call to active duty. a. Paragraph 3-1 (Entry Grade Credit for Reserve Appointment Grade Determination) states grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded. Entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service. Entry grade credit awarded to AMEDD officers upon-appointment or assignment will be recorded on a DA Form 5074-R. b. Table 3-1 (Constructive Service Credit) outlines the equivalency requirements for service credit to be awarded. Full-time experience not otherwise credited as a practicing physical, osteopath, or dentist after qualifying degree – ˝ year for each year of experience, up to a maximum of 3 years c. Table 3-3 (Credit for Qualifying Degree or Discipline) outlines the equivalency requirements for service credit to be awarded for qualifying degrees. A master’s level degree is equivalent to 2 years constructive credit. //NOTHING FOLLOWS//