PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002068764


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Donald P. Hupman, Jr.		Member
Mr. William D. Powers		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that her record be corrected to reflect the proper amount of constructive credit to which she is entitled.

3. The applicant states, in effect, that her request is based on the notification from the Office of the Surgeon General (OTSG) that she is entitled to constructive credit based on a change in policy.

4. The applicant’s military records show that on 31 May 1988, she was appointed a second lieutenant (2LT) in the Army Nurse Corps (ANC) of the United States Army Reserve (USAR). A 25 April 1988 appointment memorandum pertaining to the applicant, which was published by the United States Army Total Personnel Command (PERSCOM), St. Louis, Missouri, confirms that she was granted 0 years, 0 months, and 0 days of constructive credit at the time of her appointment.

5. On 17 October 1989, the applicant was notified of change to the policy concerning the award of constructive credit for professional work experience in a letter from the OTSG. This letter indicated that effective 4 December 1987, ANC officers whose records were presented to an accession selection board between 4 December 1987 and 11 May 1988 could be awarded 6 months of credit for each year of full-time nursing experience up to a maximum of three years credit. It further indicated that a Record of Award of Entry Grade Credit-Health Services Officers (DA Form 5074-1-R) was prepared on her, and contained the amount of constructive credit she should have received. It also indicated that because this constructive credit would change her 2LT date of rank, a request was being submitted to Appointments Directorate, United States Total Army Personnel Command (PERSCOM), for a correction to her memorandum of appointment.

6. In connection with the processing of this case, an advisory opinion was requested of and received from the Army Reserve ANC Program Manager, United States Army Recruiting Command (USAREC). This document confirms that the applicant was originally appointed with no constructive credit. However, a change of policy provided for constructive credit for work experience, and as a result of her professional work experience, the applicant should have entered the ANC with a rank of 2LT with 1 year, 6 months, and 25 days of constructive credit. Included with this advisory opinion was a copy of a Constructive Credit Worksheet that was prepared by the ANC Program Manager. This document confirms that the applicant is entitled to a total of 1 year, 7 months, and 13 days of constructive credit based on her work experience. On 14 May 2002, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond. To date, she has failed to reply.

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7. On 19 August 2002, a member of the Board staff contacted the Army Reserve ANC Program Manager, USAREC in order to resolve the discrepancy between the 1 year, 6 months, and 25 days of constructive credit he indicated the applicant was entitled to in the body of his advisory opinion versus the 1 year,
7 months, and 13 days he stated she should receive in the enclosed Constructive Credit Worksheet. He confirmed that the credit awarded in the worksheet,
1 year, 7 months, and 13 days was the proper amount of constructive credit to which the applicant was entitled, and which should be used by the Board.

8. Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD). Paragraph 3-4 (Transition Credit) states, in pertinent part, that the grade and date of rank upon appointment will be determined by the law and regulations in effect on the date of the appointment.

9. AR 135-155 (Promotions of Commissioned Officers and Warrant Officers Other than General Officers) prescribes the policy and procedure used in the selection and promotion of commissioned and warrant officers of the USAR. Table 2-1 established the service requirements for promotion, and specifically lists the time in grade necessary for promotion from 2LT to 1LT as 3 years, and for promotion from 1LT to captain (CPT) as 2 years for consideration by a unit board and 4 years for mandatory board consideration; in addition, promotion to CPT has a time in service requirement of 6 years of commissioned service.

10. Paragraph 2-3b (Commissioned Officers) states, in pertinent part, that commissioned officers service requirements for promotion to captain and above require a minimum number of years of promotion and commissioned service. Service periods will not be counted more than once. If an officer was given constructive service credit on appointment, any actual service before that date will not be counted. Promotion service (time in grade) includes all constructive service credited that exceeds the minimum years of service prescribed for the grade in which appointed. This applies in the case of a first promotion of a person originally appointed in a grade below colonel (COL). A Reserve commissioned officer's years of service (time in service) includes the sum of years of service as a commissioned officer of any component of the Armed Forces or of the Army. This is without specification of the component and the years of constructive service credited.

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11. Paragraph 4-15 defines policy for establishing promotion eligibility dates (PED) and DOR. It states, in pertinent part, that the PED is the date the officer meets the mandatory service requirements of Table 2-1. It also states that the DOR is the date the member is actually or constructively appointed and that the PED will be adjusted based on constructive service credit.

12. Volume 7A (Military Pay Policies and Procedures) of the Department of Defense Financial Management Regulation (DoDFMR), establishes the policy on the pay and allowances for military personnel. Paragraph 010102 provides guidance on the computation of creditable service for the purpose of establishing a basic pay date and outlines those periods of service that are creditable for pay purposes. It states, in pertinent part, that a period of constructive service awarded prior to 15 September 1981 is applicable for constructive credit. However, there are not provisions of crediting constructive entry grade credit awarded to officers appointed after 15 September 1981 as creditable service for establishing entitlement to pay.

CONCLUSIONS:

1. The Board notes the applicant’s contention that she was entitled to constructive credit for work experience upon her appointment as a 2LT in the USAR, and it finds this claim has merit. By regulation, authorized constructive credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the DOR within that grade.

2. The evidence of record confirms that in 1989, the OTSG notified the applicant that a change in policy had resulted in her being entitled to constructive credit at the time of her appointment in the ANC of the USAR. This notification indicated that the applicant would be provided a corrected appointment memorandum that contained this constructive credit. However, there is no evidence of record to show that this ever took place.

3. A review of the applicant’s record by the Army Reserve ANC Program Manager, confirms that she should have received 1 year, 7 months, and 13 days of constructive credit upon her appointment as a 2LT in the ANC of the USAR, which would have adjusted her 2LT DOR to 18 October 1986.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a revised DA Form 5074-1-R to add 1 year, 7 months, and 13 days of constructive credit for work experience, and by adjusting the entry grade credit and date of rank portion to show she was granted 1 year, 7 months, and 13 days of constructive credit beyond that required for her appointment as a 2LT, in lieu of the 0 years, 0 months, and
0 days currently listed.

2. That the appointment 2LT date of rank of the individual concerned be changed to 18 October 1986; that all subsequent promotion dates and dates of rank be adjusted accordingly; and that she be provided any back pay and allowances due as a result.

BOARD VOTE:

__JNS__ __DPH___ __WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___ John N. Slone _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068764
SUFFIX
RECON
DATE BOARDED	2002/09/12
TYPE OF DISCHARGE	N/A
DATE OF DISCHARGE	N/A
DISCHARGE AUTHORITY	N/A
DISCHARGE REASON	N/A
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 229	112.0700
2.
3.
4.
5.
6.