RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 October 2004
      DOCKET NUMBER:   AR2004102284


      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. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 she receive constructive
service credit for professional training and experience she gained prior to
her entry into the Army Nurse Corps (ANC).

2.  The applicant states, in effect, that post graduate credit for
intensive care/critical care training she completed prior to her initial
appointment in the ANC of the United States Army Reserve (USAR) was not
included in the evaluation of constructive credit completed by the Army
prior to her appointment.

3.  The applicant provides the following documents in support of her
application:  Self-Authored Statement, Application for Appointment (DA Form
61), Record of Award of Entry Grade Credit (DA Form 5074-1-R), Bachelor of
Science Diploma, Certificate of Training, and Extracts of Army Regulation
135-101.

CONSIDERATION OF EVIDENCE:

1. On 26 June 2000, the applicant was appointed a second lieutenant (2LT)
in the ANC of the USAR.  The United States Total Army Personnel Command
(PERSCOM) appointment memorandum issued at the time confirms she was
granted a total of 1 year, 11 months, and 6 days of constructive service
credit.

2.  On 3 November 2002, the applicant was promoted to the rank of first
lieutenant (1LT).

3.  A DA Form 5074-1-R was prepared on the applicant on 28 June 2000 in
connection with her appointment processing.  This document indicates the
applicant was granted 1 year, 11 months, and 6 days of constructive service
credit for professional work experience for the period 2 August 1996
through 13 June 2000.  Finally, she was appointed a 2LT and granted 1 year,

11 months and 6 days of credit in excess of that required for her entry
grade, which would have established her 2LT date of rank (DOR) as 20 July
1998.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Army Reserve ANC Program Manager, United States Army
Recruiting Command (USAREC), Fort Knox, Kentucky.  This USAREC official
indicated that an in-depth review of the applicant’s record was completed
and an adjustment to her constructive service credit is recommended.
5.  The USAREC Army Reserve ANC Program Manager indicates that in addition
to the 1 year, 11 months and 6 days of constructive service credit
originally awarded the applicant, she should be granted an additional 6
months, for a total of 2 years, 5 months and 6 days.  He further recommends
that the applicant’s grade and DOR be adjusted accordingly based on the
increased constructive service credit.

6.  On 16 April 2004, the applicant was provided a copy of the USAREC
advisory opinion in order to have the opportunity to respond.  On 22 April
2004, she concurred with its contents.

7.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department (AMEDD) Branches) prescribes
policy, procedures, and eligibility criteria for appointment in the Reserve
Components of the Army, in the six branches of the AMEDD.  Chapter 3
contains guidance on grade determinations.  Paragraph 3-2 provides the
policy for determination of entry grade for officers not ordered to active
duty.  It states, in pertinent part, that an individual appointed as a
Reserve officer without concurrent call to active duty with less than 3
years of entry grade credit will be appointed in the grade of 2LT.

8.  Army Regulation 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 establishes the service requirements for
promotion.  The regulation in effect at the time of the applicant’s
appointment specifically listed the time in grade necessary for promotion
from 2LT to 1LT as 3 years.

9.  Paragraph 4-17 of the promotion regulation defines policy for
establishing promotion eligibility dates (PED) and date of rank (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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she was entitled to additional
constructive credit for professional 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.  A review of the applicant’s record completed by the USAREC Army Reserve
ANC Program Manager confirms she should have received a total of 2 years,
5 months and 6 days of constructive service credit upon her appointment as
a 2LT in the ANC of the USAR.  As a result, her 2LT DOR should have been
established as 20 January 1998 and she should have been promoted to 1LT on
19 January 2001.

BOARD VOTE:

_JEA____  __DJ ___  __RJW__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 by showing that upon her 26 June 2000 appointment in the USAR,
she was granted a total of 2 years, 5 months and 6 days of constructive
beyond that required for her appointment grade of 2LT.

2.  That the appointment 2LT date of rank of the individual concerned be
changed to 20 January 1998; that the effective date and date of rank of her
subsequent promotion to 1LT be corrected to 19 January 2001; and that she
be provided any back pay and allowances due as a result.




            _JAMES E. ANDERHOLM___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004102284                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|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.                      |                                        |


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