RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050003260


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 granted constructive service credit
based upon his experience as a registered nurse from 1975 through 1987 and
that his date of rank be adjusted accordingly.

2.  The applicant states his U. S. Army Reserve (USAR) Nurse recruiter
failed to give him constructive service credit for his civilian experience
when he was appointed in July 1987.

3.  The applicant provides a VA Form 10-2543 (Board Action); 12 VA Forms
10-2623 (Proficiency Report); his recommendation for appointment; his
appointment orders; his Bachelor of Science in Nursing diploma; his DA Form
  61 (Application for Appointment); a DA Form 4213 (Supplemental Data for
Army Medical Service Reserve Officers); a Board of Certification for
Emergency Nursing certificate; and a DA Form 71 (Oath of Office – Military
Personnel).

CONSIDERATION OF EVIDENCE:

1.  On 26 June 1975, the applicant graduated from the Central Maine General
Hospital School of Nursing.  From July 1975 through October 1976, he worked
as an emergency room nurse, assistant head nurse and staff nurse.  On
     13 October 1976, the Veterans Administration (VA) found he met the
basic requirements for conversion from a temporary to a permanent
appointment.

2.  A VA Form 10-2623 for the period 9 December 1976 through 9 December
1977 shows the applicant was rated by the Supervisor, Mental Health
Section.

3.  A VA Form 10-2623 for the period 9 December 1977 through 9 December
1978 shows the applicant was rated by the Nursing Supervisor, Psychiatric
Section.

4.  VA Forms 10-263 for the periods 9 December 1978 through 9 December
1979, 9 December 1979 through 9 December 1980, 9 December 1980 through   9
December 1981, and 9 December 1981 through 9 December 1982 show the
applicant worked on the Intensive Care Unit.

5.  VA Forms 10-263 for the periods 9 December 1982 through 9 December
1983, 9 December 1983 through 1984, 9 December 1984 through 9 December
1985, 9 December 1985 through 9 December 1986, and 9 December 1986 through
9 December 1987 show the applicant worked in a psychiatric unit.

6.  On 5 May 1987, the applicant completed a DA Form 61 requesting
appointment in the Army Nurse Corps.  On 27 May 1987, he was recommended
for a USAR appointment as a second lieutenant, Army Nurse Corps, specialty
66H (Medical-Surgical Nurse).  On 27 May 1987, he was appointed as a USAR
second lieutenant in the Army Nurse Corps, specialty 66H, with no
constructive service credit.  He took his oath of office as a second
lieutenant on 2 July 1987.  He was promoted to major on 4 August 2001.

7.  In the processing of this case, an advisory opinion was obtained from
the Active Duty Nurse Programs Manager, U. S. Army Recruiting Command.
That office opined that, based on the timeliness of the applicant's
request, their office did not have sufficient documentation to award
constructive credit.  The applicant accessed 18 years ago and their office
did not know what policies/guidelines were in place at that time.

8.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He responded by stating the advisory opinion lacked
any real substance to deny him the relief requested.  He stated sufficient
documentation was provided to the Board in the form of 12 years of VA
proficiency ratings prior to his commissioning.  He stated those 12 years
of experience clearly document enough constructive credit to backdate his
date of rank as noted in Army Regulation 135-101.  That regulation was in
effect prior to his date of commission and is active and accurate to this
date.  He stated the advisory opinion noted their office had no idea what
policies/procedures were in place at the time of     his commissioning.  He
stated he was not aware there were special policies/guidelines that
superseded the regulation at the time of his commissioning.

9.  The applicant stated he found it hard to believe the Army Nurse Corps
would not have a record of their command guidance as related to
constructive credit in 1987.  His reasoning for pursuing this action is to
be considered for promotion to lieutenant colonel at an earlier date so he
can serve in a greater capacity and not to obtain a back pay settlement.
He is willing to sign any official documents refusing a monetary back pay
settlement.  He provides a copy of the U. S. Army Human Resources Command
website on Army Medical Department Constructive Service Credit and a copy
of Army Regulation 135-101.

10.  An advisory opinion was requested from the Office of The Surgeon
General (OTSG).  OTSG confirmed the applicant had obtained his registered
nurse licensure on 2 July 1975.  OTSG recommended the applicant be granted
3 years of constructive service credit for his professional experience and
that his dates of rank be adjusted accordingly.

11.  A copy of OTSG's advisory opinion was provided to the applicant for
comment.  He responded that he had nothing to add except to clarify a few
technical points.

12.  Army Regulation 135-101, dated 15 February 1984, provides policy for
the appointment of reserve commissioned officers for assignment to Army
medical branches.  Chapter 3 provides that grade and date of rank upon
original appointment and assignment to an Army Medical Department branch
will be determined by the number of years of entry grade credit awarded.
Table           3-1 provides that Army Nurse officers could be granted
additional credit in unusual cases based on special education or
professional experience in the specialty in which assigned when experience
is accrued after qualifying degree and licensure.  Unusual case
determination will be made by OTSG or designee.  One-half year of credit
for each year of experience up to a maximum of three years of credit may be
granted.  Paragraph 3-2 provides that if entry grade credit is 3 years or
more but less than 7 years, then the entry grade of officers not ordered to
active duty will be first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  OTSG confirmed the applicant had obtained his nursing license in 1975.
Therefore, he had about 12 years of nursing experience prior to his
appointment in the USAR in 1987.

2.  The applicant was not awarded any constructive service credit when he
was appointed a second lieutenant in the USAR and took his oath of office
on 2 July 1987.  Therefore, his second lieutenant date of rank was 2 July
1987 and his subsequent promotions were based upon that date of rank.
However, OTSG opined that, based upon the applicant's 12 years of prior
professional experience, he should have been awarded 3 years (the maximum
allowable) of constructive service credit.

3.  Had the applicant been awarded 3 years of constructive service credit
upon his appointment, he would have been eligible for appointment in the
rank of first lieutenant.  That is, he would have been appointed as a first
lieutenant with no constructive service credit.

4.  The Army had the benefit of the applicant's 12 years of prior nursing
experience from the time he was appointed and took his oath of office on 2
July 1987.  Therefore, it would be equitable to grant the relief requested
per OTSG's recommendation with the additional relief that his records
should be corrected to show he was appointed as a first lieutenant (with no
constructive service credit).

BOARD VOTE:

__tap___  __ena___  __jrs___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

     a.  showing he was awarded 3 years of constructive service credit upon
his appointment in the USAR which made him eligible for appointment in the
rank of first lieutenant (with no constructive service credit);

     b.  showing he was appointed in the USAR and took his oath of office
on        2 July 1987 as a first lieutenant with no constructive service
credit;

     c.  adjusting his promotion eligibility dates to captain, major, and
lieutenant colonel accordingly and providing his records to special
selection boards for promotion consideration to those grades as required by
these adjustments; and

     d.  paying to him any and all due back pay and allowances.




                                  __Thomas A. Pagan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003260                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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