RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 September 2005
      DOCKET NUMBER:   AR20050001660


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 that he be awarded additional constructive
service credit and his date of rank for first lieutenant be adjusted to 6
November 2001.

2.  The applicant states his constructive service credit form was not
completed properly upon his commissioning.  He was not awarded all credit
due for his undergraduate education and his work experience as a critical
care nurse and anesthesia student, totaling 3 years and 11 months.

3.  The applicant provides his curriculum vitae; his nursing diploma; an
Associate in Specialized Technology diploma; his Bachelor of Science in
Nursing diploma; his registered nurse license; his "original constructive
credit form" (not available, unless he meant his DA Form 61 (Application
for Appointment) or his appointment orders, which were provided); his oath
of office; and his DA Form 2B (Personnel Qualification Record Commissioned
Officer).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 November 2001, the date he was commissioned.  The
application submitted in this case is dated 18 January 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 20 June 1997, the applicant was awarded a diploma from the Lancaster
Institute for Health Education for completing the Course of Instruction and
Practice in the School of Nursing.  Also on this date the school awarded
him an Associate in Specialized Technology diploma.

4.  On 23 July 1997, the Commonwealth of Pennsylvania issued the applicant
a registered nurse license.  His curriculum vitae shows he began to work at
the University of Pittsburgh Medical Center, Presbyterian Hospital as a
clinical nurse
in January 1998 until July 1999; at Tripler Army Medical Center/Spark M.
Matsunaga Veteran's Affairs Medical Center from August 1999 to January
2000; and at St. Francis Medical Center, Honolulu, HI from February 2000 to
August 2000.   His curriculum vitae shows he had a break in work experience
from around August 2000 to January 2003.

5.  On 25 April 1998, the University of Pittsburgh awarded the applicant a
Bachelor of Science in Nursing degree.

6.  On 6 November 2001, the applicant was appointed a second lieutenant in
the U. S. Army Reserve, Army Nurse Corps.  He was awarded 1 year, 1 month,
and 29 days of constructive service credit.

7.  The applicant was awarded a Master of Science in Nursing degree in
December 2002 and began work as a doctoral candidate in August 2004.

8.  In the processing of this case, an advisory opinion was obtained from
the Active Duty Nurse Programs Manager, U. S. Army Recruiting Command.  She
opined the applicant was awarded the correct (1 year, 1 month, and 29 days)
constructive service credit.  One-half for each year of experience, up to a
maximum of 3 years of constructive credit, may be granted for experience as
a health professional.  Only full time work experience as a licensed
registered nurse through the nurse selection board date (29 October 2001,
in the applicant's case) is creditable.  The applicant was initially issued
his license on 23 July 1997. Credit may not include time spent in
attainment of baccalaureate or other lower degrees.

9.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

10.  DODI 6000.13 (Medical Manpower and Personnel) implements policy,
assigns responsibilities, and prescribes procedures to carry out medical
manpower and personnel programs.  Paragraph 6.1 states a period of time
shall be counted only once when computing entry grade credit.  Paragraph
6.1.2.2.2 states credit for master's and doctorate degrees in a health
profession other than medicine and dentistry, whether it is the primary
degree or an additional advanced degree, shall be awarded based on actual
full-time equivalent education up to two years for a master's degree and up
to four years for a doctorate.

11.  DODI 6000.13, paragraph 6.2.2.2.5 states credit of one-half year for
each year of experience, up to a maximum of three years of constructive
credit, may be granted for experience in a health profession, if such
experience is directly used by the Military Service concerned.  Creditable
experience cannot predate the receipt of licensure, registration or
certification.

12.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches), states 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
[specified] phase points (currently, less than 3 years, second lieutenant;
2 years or more but less than 5, first lieutenant).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not awarded all due constructive service
credit for his undergraduate education and his work experience as a
critical care nurse and anesthesia student.

2.  Constructive service credit is authorized only for master's and
doctorate degrees in a health profession, not for undergraduate degrees.

3.  The applicant's curriculum vitae shows he worked from January 1998
until July 1999, from August 1999 to January 2000, and from February 2000
to August 2000.  This adds up to approximately 2 years and 7 months, one
half of which would be approximately 1 year, 3 months, and 15 days of
constructive service credit.  However, it is presumed the U. S. Army
Recruiting Command had his actual, rather than approximate, dates of
employment and calculated his constructive service credit to have been 1
year, 1 month, and 29 days.

4.  The applicant provides insufficient evidence to show his constructive
service credit was miscalculated.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      5 November 2004.  However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__le____  __pms___  __lgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Lester Echols_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001660                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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