MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 July 2002
         DOCKET NUMBER: AR2001065833

         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
Ms. Stephanie Thompkins		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Donald P. Hupman, 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)

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APPLICANT REQUESTS: The applicant requests correction to her date of rank for captain to 15 September 1992.

APPLICANT STATES: In effect, that her date of rank for captain should 15 September 1992, per paragraph 7 of a letter dated 28 September 2000. In support of her request she submits a memorandum dated 28 September 2000 from the Total Army Personnel Command, Appointments Section.

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

She was appointed in the Reserve as a second lieutenant, Army Nurse Corps (ANC), effective 27 August 1987. She entered on active duty effective 15 July 1988 and was promoted to first lieutenant effective 15 July 1990.

She was separated from active duty for the expiration of term of service effective 14 July 1991 and was transferred to the USAR Control Group.

She was appointed in the Colorado Army National Guard (CO ARNG) as a first lieutenant effective 11 May 1992. She was promoted to captain effective 15 September 1992.

She was honorably discharged from the COARNG for Officer Resignation from the ARNG effective 10 October 1992 and was transferred to the USAR Control Group (Reinforcement).

She served on active duty from 29 April 1995 to 29 April 1996 during Operation Joint Endeavor. She served in Germany from 7 March to 25 August 1996.

She was discharged from the Reserve in the grade of captain effective 16 April 1997.

She was reappointed in the Reserve, ANC, as a captain effective 28 September 2000.

In a memorandum dated 20 September 2000, the Headquarters, United States Army Recruiting Command, Army Nurse Division recommended the applicant for a Reserve of the Army appointment without concurrent call to active duty. Effective 28 September 2000, by a PERSCOM appointment letter, she was appointed as a captain with no entry grade credit shown, and promotion eligibility credit for her service as a captain as of 15 September 1992.

DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 13 November 2001, shows the applicant was credited with 7 years, 2 months and 13 days adjusted total entry grade credit for appointment

in the grade of captain with a date of rank of 17 July 2000. She was given 1 year for 1 year constructive credit for her active duty service, and 1 year for 2 years constructive credits for her Reserve service. She was also given credit of
2 years, 1 months and 22 days for her work experience for the period 1994 through 1997 and 2 months in 2000. Her total entry grade credit was 7 years, 2 months and 13 days and an approximate date of rank of 17 July 2000.

DA Form 5074-1-R, dated 29 May 2002, shows the applicant’s entry grade credit was recalculated to show credit of 10 years, 2 months and 10 days adjusted total entry grade credit for appointment in the grade of captain with a date of rank of 5 August 1997 (sic). She was given 1 year for 1 year constructive credit for her active duty and Reserve service. She was also given 6 months and 21 days of work experience credit for the periods of 5 months in 1997 and for 7 months in 2000. Her total entry grade credit was 10 years, 2 months and 10 days and a date of rank of 5 August 1997.

Army Regulation 135-101 prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department (AMEDD), including the ANC. This regulation provides that officers will be granted entry grade constructive credit for periods of prior service, professional training and experience accrued after receipt of the basic qualifying degree. The entry grade constructive credit may be applied for promotion time in grade purposes. The regulations also specifies that soldiers may be awarded 1 year for 1 year constructive credit for Active Duty time and ½ year for 1 year for Reserve time. Nurses will also get 1 year for 2 years constructive credit for full-time civilian work experience. However, entry grade credit cannot be received for Reserve time and work experience for the same time frame. Thus, the soldier will receive whichever credit benefits the soldier most.

The Director, Health Services Personnel Management Branch, Army Reserve Personnel Command (AR-PERSCOM), expressed the opinion that the individual at Headquarters, USAREC who calculated the constructive credit information had been contacted. The calculation of the applicant’s constructive credit is based on documentation provided by her and review of her military records. Army Regulation 135-101 governs awarding of constructive credit. Soldiers will get 1 year for 1 year constructive credit for active duty time and 1 year for 2 years constructive credit for Reserve time. Nurses will also get 1 year for 2 years constructive credit for full-time civilian work experience. However, soldiers cannot receive constructive credit for Reserve time and work experience for the same time frame. Thus, the soldier will receive whichever credit benefits the



soldier most. In the applicant’s case, she was given 1 for 1 constructive credit for her active duty time during the periods of 15 July 1988 to 14 July 1991 and 29 April 1996 to 29 August 1996 (total of 1199 days). She was given 1 year for constructive credit for Reserve time for the periods of 28 August 1987 to 14 July 1988 and from 15 July 1991 to 13 February 1994 (622 days). The applicant was given civilian work experience (at 1 to 2) for the time periods of 14 February 1994 to 30 September 1997 and from 1 February 2000 to 28 September 2000 (772 days). The applicant has received military constructive credit for 5 years, 0 months and 21 days. She received civilian work constructive credit for 2 years, 1 month and 22 days for a total of 7 years, 2 months and 13 days. The applicant was discharged from the Army Reserve on 16 April 1997. She took her oath of office again on 28 September 2000. For promotion purposes, it takes 7 years of Reserve time to be promoted to captain. She was given 7 years, 2 months and 13 days. Thus she came into the Army Reserve as a captain with 2 months and 13 days (or 73 days) of constructive credit. Her date of rank to captain is 15 July 2000. AR-PERSCOM will adjust her rank to reflect this finding.

The opinion was forwarded to the applicant for acknowledgement/rebuttal on 26 February 2002. She did not respond.

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(s), it is concluded:

1. The applicant is not entitled to a date of rank for captain of 15 July 2000. Notwithstanding the DA Form 5074-1-R completed on 29 May 2002, which is in error. At the time of her appointment she was properly credited with 7 years, 2 months and 13 days entry grade constructive credit. The DA Form 5074-1-R completed on 13 November 2001 was correctly calculated to show her total entry grade credit as 7 years, 2 months and 13 days.

2. The applicant is not entitled to adjustment of her date of rank for captain to 15 September 1992. After a complete separation, she was recommissioned in the Reserve on 28 September 2000. At the time of her appointment, she was appointed as a captain with 7 years, 2 months and 13 days entry grade constructive credit. The 7 years awarded her the appointment as a captain and the remaining 2 months and 13 days was awarded as time in grade as a captain.

3. The Board notes the applicant was reappointed in the Reserve and Army Regulation 135-101 correctly governed her entry grade credit. It is also noted that the basis for her contention is her appointment letter, dated 28 September 2000 and does not clearly show a date of rank for the appointment. It merely shows her previous date of rank, prior to her separation and reappointment in the Reserve.

4. 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.

5. 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

_dph____ __fne___ _mhm____ DENY APPLICATION

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

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INDEX

CASE ID	AR2001065833
SUFFIX
RECON
DATE BOARDED	20020716
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131.05
2.	135.00
3.
4.
5.
6.