RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            7 June 2005
      DOCKET NUMBER:   AR20040005916


      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:

|     |Ms. Karen Y. Fletcher             |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her major (MAJ) date of rank
(DOR) be changed from 25 July 2001 to 5 January 1995.

2.  The applicant states, in effect, that based on the constructive service
credit she was authorized, her MAJ DOR should be established as 5 January
1995.  She states that she received a direct commission in the United
States Army Reserve (USAR) Army Nurse Corps (ANC) on 25 July 1983.  Upon
her commissioning, she was immediately assigned to a Troop Program Unit
(TPU).  She further states that she has not been properly credited with
constructive service credit for her service and experience in the ANC as a
nurse anesthetist.

3.  The applicant provides a self-authored statement with the eight
attachments identified as enclosures in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that she was appointed a captain (CPT) in
the Medical Corps (MC) of the United States Army Reserve (USAR) on 16
November 1998.  The appointment memorandum issued by the United States Army
Personnel Command (PERSCOM), St. Louis, Missouri, shows that she was
granted 10 years, 10 months and 11 days of constructive service credit.

2.  A DA Form 5074-R (Record of Award of Entry Grade Credit-Medical and
Dental Officers) prepared on the applicant on 21 December 1998 shows that
she was awarded a total of 10 years, 10 months and 11 days of constructive
service credit.  Of this total, 4 years was awarded for her basic
qualifying degree.  She was awarded 1 year for her internship and 1 year, 4
months and 15 days for her anesthesiology residency.  She also received 4
years, 5 months and
26 days of prior service credit.

3.  The DA Form 5074-R also shows that 4 years of constructive credit was
applied for her to receive her entry grade.  The remaining 6 years, 10
months and 11 days was credit in excess of that required for her entry
grade and was applied to her DOR.  This resulted in her CPT DOR being
established as
5 January 1992 based on her appointment date of 16 November 1998.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Military Personnel Actions Branch, Human Resources
Command (HRC), St. Louis, Missouri.  HRC personnel officials confirm the
applicant was appointed a USAR MC officer on 16 November 1998, and that
based on the governing regulation, the 6 years, 10 months and 11 days of
constructive service credit she received in excess of the entry grade
requirement of 4 years, was applied to her DOR, which was established as 5
January 1992.  It further confirms that she was selected for promotion to
MAJ by the 2001 Reserve Component Selection Board (RCSB) and that she was
promoted to that rank on 25 July 2001, the date the list was approved.

5.  An advisory opinion was also obtained from the Chief, Medical Corps
Branch, United States Army Recruiting Command (USAREC).  This official
states that as a newly appointed MC officer, the applicant was given entry
grade credit of 10 years, 10 months and 11 days in accordance with the
governing Department of Defense Instructions (DODI) and Army regulation.
This official further states that the applicant’s CPT DOR of 5 January 1992
is accurate.  The applicant was awarded half credit for her commissioned
time as an ANC officer; however, her previous experience as a nurse
anesthetist did not meet the criteria for additional constructive service
credit for training or experience in unusual cases because she was not yet
a physician.  Because at the time the applicant was appointed in the MC,
the DOR was not required to be entered on the
DA Form 5074-R, a corrected copy of the DA Form 5074-R was provided with
this advisory opinion that includes the applicant’s CPT DOR.

6.  The applicant responded to both advisory opinions.  In her rebuttals,
she claims that her constructive service credit and entry DOR were
incorrectly calculated because she was not properly credited with training
or experience in unusual cases based on the experience she gained as a
nurse anesthetist.  She also claims that the USAREC official incorrectly
applied the DODI and regulation, in that she did not make the distinction
that she was serving as a health care professional in an active status.
She further states that the intention of the governing DODI and regulation
is to award credit, not to take credit away.  She claims a narrow
interpretation of constructive and commissioned credit options would either
devaluate the officer’s active service time, or devaluate the officer’s
advanced education.  She further claims that when the active officer
simultaneously completes a course of education while in an active status,
the award of credit during that time period should favor the larger credit
option.  This she claims is the equitable option.

7.  Army Regulation 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, with or without concurrent active duty, in the six
branches of the Army Medical Department (AMEDD).  Chapter 3 contains
guidance on awarding entry grade credit for Reserve appointment grade
determination.  Paragraph 3-4 (Transition Credit) states, in pertinent
part, that the law and regulations in effect on the date of the appointment
will determine the grade and date of rank upon appointment.  Table 3-1
(Constructive Service Credit) stipulates that additional credit for unusual
circumstances based on special education or professional experience may be
awarded if it is accrued after the member earns the qualifying degree for
the MC appointment.  It further stipulates that one half year of credit may
be awarded for prior commissioned officer service in the ANC in the
specialty in which they are being appointed in the MC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her MAJ DOR should be changed from 25
July 2001 to 5 January 1995 based on her entitlement to additional
constructive service credit based on her prior commissioned service in the
ANC and her professional experience as a nurse anesthetist, and the
supporting documents she provided were carefully considered.  However,
there is insufficient evidence to support this claim.

2.  The governing regulation clearly stipulates that only one half year of
credit for each year of prior commissioned officer service in the ANC will
be granted to MC officers upon appointment.  Further, the regulation
specifies that no unusual circumstances experience credit is authorized
unless that experience is accrued after receipt of the qualifying degree
that authorizes the MC appointment.

3.  The evidence of record in this case clearly shows that the applicant
accrued her anesthetist experience prior to earning the medical degree that
supported her appointment in the MC.  The record also shows that her prior
commissioned officer service was in an active Reserve status in the ANC.
Therefore, she clearly does not qualify for additional entry grade
constructive service credit.

4.  As confirmed in both the HRC and USAREC advisory opinions, the
applicant was properly credited with the entry grade constructive service
credit she was entitled to at the time of her appointment in the USAR MC.
Further, her CPT DOR was correctly established as 5 January 1992.  As a
result, there appears to be no error or injustice related to the entry
grade constructive service credit she received, or to her CPT DOR, or to
the subsequent MAJ DOR she received upon her promotion to that rank.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KYF _  ___KLW _  __WDP_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Karen Y. Fletcher____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005916                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/07                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  229  |112.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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