MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 9 October 2003
                  DOCKET NUMBER: AR2003086421

         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Robert J. Osborn		Member
Ms. Eloise C. Prendergast		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: In effect, that the DA Form 5074-1-R, Record of Award of Entry Grade Credit (Health Services Officers) and the Constructive Credit Worksheet, dated 23 September 2002, be corrected and that she be increased to the rank of Captain, pay grade O-3.

APPLICANT STATES: In effect, that she was not given credit for her work experiences, she was not given credit for having a master’s degree in nursing, and no credit was awarded for her certification as a community health nurse. The applicant also contends that the date of rank shown in Item 35 of the DA Form 5074-1-R is incorrect.

To support her application, the applicant submitted a self-authored letter detailing her contentions; a copy of her Master of Science in Nursing Degree that she earned from East Carolina University, Greenville, North Carolina, on 11 May 2002; a copy of her official university transcript of college credits earned leading to award of her Master of Science in Nursing Degree; a copy of a certificate of induction into Sigma Theta Tau International Honor Society of Nursing, dated 27 October 2001; a copy of her board certification and a cover letter issued by the American Nurse Credentialing Center certifying her as a Community Health Nurse for the period 1 September 2002 through 31 August 2007; a copy of her board certification issued by the American Nurse Credentialing Center certifying her as a Community Health Nurse for the period 1 September 1997 through 31 August 2002; and a copy of her resume of nursing experiences.

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

The applicant was appointed as a Reserve commissioned officer in the Army Nurse Corps on 31 August 2002. She was awarded 3 years, 0 months, and 0 days of constructive credit. The applicant is currently serving in the U.S. Army Reserve (USAR) in the rank of First Lieutenant.

The DA Form 5074-1-R, dated 23 September 2002, and the Constructive Credit Worksheet, that she asked to be corrected shows in Item 5 (Title of Degree) Master of Science in Nursing. Item 9 (Credit Awarded) shows 00-00-00, indicating that no credit was awarded for basic qualifying degree. Item 14 (Educ Prog Specialty) and Item 15 (Certifying Board) are both blank. Item 17 (Credit Awarded) shows 0-0-0, indicating that no credit was awarded for post baccalaureate education. Item 26 (Total Constructive Credit (Years, Months, Days)) that she was awarded a total of 3 years credit. Item 28 (Total Entry Grade Credit) and Item 29 (Adjusted Total Entry Grade Credit) also shows that 3 years was awarded.

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In the processing of this case, an advisory opinion was obtained from the US Army Recruiting Command, Health Services Directorate. After a careful review of the applicant’s record, that office advised that the constructive credit granted the applicant on appointment to the Army Nurse Corps was incorrect. The DA Form 5074-1-R and Constructive Credit Worksheet were amended on 8 August 2003. The total amount of constructive credit was amended from 3 years to 5 years. The applicant was awarded 2 years constructive credit for her Master of Science in Nursing Degree. The applicant was given 1/2-year credit for every one year of full time work experience, up to a maximum allowable under applicable regulations. "The maximum amount of constructive credit awarded for clinical experience, the advisory opinion states, is 3 years." The advisory opinion states that "constructive credit is not awarded to individuals with certification in Community Health Nursing" and that "no credit is awarded for membership in Sigma Theta Tau International Honor Society of Nursing." The advisory opinion points out that constructive credit is "only awarded to applicants who are Certified Registered Nurse Anesthetists (CRNA)." Finally, the advisory opinion points out that, "The phase points for promotion to Captain in the USAR (US Army Reserve) is >7 years (07-00-00)" and the phase points for promotion to First Lieutenant in the USAR is >2 years, <7 years (02-00-00 to 07-00-00)." The applicant's "constructive credit is 05-00-00 which qualifies her as a First Lieutenant."

A copy of the advisory opinion and amended DA Form 5074-1-R were provided the applicant for review on 8 August 2003. On 15 August 2003, the applicant submitted a rebuttal to the advisory opinion. In her rebuttal, the applicant stated that she had been a practicing registered nurse for 13 years and was only awarded 3 years work experience credit. The applicant also stated that she was never informed that only CRNA receive constructive credit for national certifications. She further stated that she had received an e-Mail, dated 7 April 2003, from the Chief, Army Nurse Corps Branch, Health Services Directorate, which she included. This e-Mail states that her constructive credit issue had been evaluated and that specifically noting her Master's Degree in Nursing, she should have come in as a Captain.

In her rebuttal, the applicant concluded by reiterating her request to be increased to the rank of Captain with a back dated date of rank due to the enormous years of work experience, certification, and educational level and because she is currently serving on active duty under Noble Eagle Orders.

The date of rank in Item 35 of DA Form 5074-1-R dated 23 September 2002 is shown as 5 September 2001. The applicant claims that the date of rank should be 31 August 2002.

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The Chief, Army Nurse Corps Branch, was queried about that portion of her
e-Mail message to the applicant on 7 April 2003, which states, that her [the applicant's] constructive credit issue had been evaluated and that specifically noting her Master's Degree in Nursing, she should have come in as a Captain." The Chief, Army Nurse Branch, indicated that this was an error and that the applicant had so been informed.

On the DA Form 5074-1-R, dated 8 August 2003, marked, "Corrected Copy," Items 33. (Date of Entry on Active Duty); 34. (Less Excess Credit); and 35. (Date of Rank) are blank. On 29 September 2003, a member of the staff called the Chief, Army Nurse Branch, US Army Recruiting Command, to determine if this was an oversight and to determine whose responsibility it was to complete these items.

On 30 September 2003, the Chief, Army Nurse Branch, caused a correctly completed DA Form 5074-1-R to be submitted to this Board. Item 33 shows the applicant's date of entry on active duty or date of appointment as "8/31/02." Item 34 shows the entry, "Less Excess Credit 03-00-00." Item 35 now shows a date of rank of "8/31/99." A copy of the newly completed DA Form 5074-1-R was sent to the applicant by "Fax" for her review and rebuttal, as appropriate.

The applicant responded by rebutting the new information and states, in part, "I have reviewed DA Form 5074-1-R and Reverse DA Form 5074-1. In reviewing these forms I have an issue with the amount of credit that I am being awarded as well as the entry grade. I do not agree with the constructive credit that I was awarded . . . . " The applicant "Faxed" the same documents with her rebuttal that she initially submitted with her application to this Board but added a copy of her Associate in Applied Science awarded by Hopkinsville Community College on 5 May 1990, and a copy of her Bachelor of Science in Nursing conferred upon her by Fayetteville State University on 7 May 1994.

Army Regulation (AR) 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) 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).

AR 135-101, chapter 3, governs grade determinations. Specifically, this chapter states that the 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. Paragraph 3-2 of this regulation states that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase

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points shown in Table ERR. According to this table, officers appointed with more than 3 years, but less than 7 years entry grade credit will be appointed in the grade of First Lieutenant. Officers with more than 7 years but less than 14 years will be appointed in the grade of Captain.

Table 3-1 (Constructive Service Credit), Line 6 shows that any credit awarded for professional nursing experience will be evaluated by the Office of the Surgeon General and that one-half of a year of credit can be awarded for each year of education or experience up to a maximum of 3 years credit.

Table 3-3 (Credit for Qualifying Degree or Discipline) shows that Nursing is one of the disciplines that qualifies an individual for 2 years credit at the Master's level.

Table 3-5 (Postbaccalaureate Education Credit) does not include Community Health Nursing among the specialties for which additional credit can be awarded in recognition of certification by an accrediting agency.

Instructions for the computation of the date of rank, when constructive credit is awarded, are shown on the reverse side of DA Form 5074-1-R.

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. 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.

2. The US Army Recruiting Command, Health Services Directorate, took action to award the applicant all the constructive credit, up to the maximum allowable limits, that she was entitled to by AR 135-101 for her education and work experience.

3. At the time of her appointment in the U.S. Army Reserve, Army Nurse Corps, the applicant was awarded 3 years, 0 months and 0 days constructive service credit. This amount of constructive service credit was determined to be incorrect.

4. Records show that the DA Form 5074-1-R and the Constructive Credit Worksheet were amended to show the applicant was awarded 5 years, 0 months, and 0 days constructive service credit, the maximum allowable constructive service credit that she was entitled to for her work experiences and education level at entry on active duty.

5. With the constructive service credit that was awarded, the applicant was correctly appointed in the rank of First Lieutenant with service entry date of rank of 31 August 1999. To merit appointment in the rank of Captain, the applicant would have required 7 years or more, but less than 14 years entry grade credit.

6. 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

___ecp__ __rvo ___ __rjo____ DENY APPLICATION

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

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INDEX

CASE ID	AR2003086421
SUFFIX
RECON
DATE BOARDED	2003/10/09
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 302	129.0000
2. 303	129.0100
3.
4.
5.
6.