RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      13 December 2005
      DOCKET NUMBER:  AR20050004373


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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, adjustment to her promotion
effective date and date of rank for first lieutenant.  She also requests,
in effect, award of constructive service credit (CSC) for her bachelor's
degree in nursing.

2.  The applicant states that she was eligible for promotion to first
lieutenant on 20 June 2003, but was not promoted until 27 September 2004,
with a promotion effective date of 19 May 2004.  The Chief of Military
Personnel Actions Branch sent her a Memorandum For Record (MFR).  She also
states that she completed the officer basic course on 13 June 2003.  An
officer evaluation report was competed for the record after the officer
basic course was completed.  She was given 9 months and 27 days of CSC,
pertaining to her nursing experience.  She was not given any credit for her
education pertaining to her bachelor's degree.  She has also worked full-
time hours as a registered nurse from 8 August 1998 to the present.

3.  The applicant provides copies of her transcript from Norfolk State
University; her appointment memorandum and orders; a MFR from the Military
Personnel Actions Branch, Human Resources Command – St. Louis, Missouri;
her promotion memorandum for first lieutenant; her service school
evaluation report; and her officer evaluation reports for the periods 18
April 2002 through 17 April 2003 and 18 April 2003 through 17 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was awarded a Bachelor of
Science degree in Nursing in May 1997.

2.  She was appointed in the United States Army Reserve, Army Nurse Corps
(ANC), as a second lieutenant, effective 18 April 2002, with 9 months and
27 days CSC.  Based on the awarded CSC, her date of rank for second
lieutenant was adjusted to 21 June 2001.

3.  She completed the Army Medical Department officer basic course
effective 13 June 2003.

4.  Based on the required 2 years minimum time in grade, her promotion
eligibility date (PED) for first lieutenant was 20 June 2003.

5.  On her scheduled PED, she was not in compliance with height and weight
requirements established by the Army Body Composition Program.
6.  In a MFR, dated 27 September 2004, the Chief, Military Personnel
Actions Branch, Army Human Resources Command – St. Louis, Missouri, stated
that the applicant could not be promoted on her PED of 20 June 2003,
because all promotion qualifications were not met.  The applicant was
promoted when all requirements were met, i.e., height and weight standards.
 The effective date of promotion was 19 May 2004, in accordance with Army
Regulation 135-155, paragraph 4-8.

7.  A Promotion Memorandum, dated 27 September 2004, was issued to the
applicant indicating her promotion effective date and date of rank for
first lieutenant was 19 May 2004.

8.  The officer evaluation reports provided by the applicant shows a
physical profile had been imposed on her prohibiting her from taking an
Army Physical Fitness Test (APFT) during the rating period ending 17 April
2003.  She was administered and passed an APFT in February 2004.

9.  Her records contain a Body Fat Content Worksheet, dated 19 May 2004,
which shows she met the height and weight standards on that date and met
all requirements for promotion to the next higher grade.

10.  Army Regulation 135-155 prescribes the policies and procedures for
the promotion of Reserve officers.  The regulation specified that officers
appointed after 1 October 1996, for promotion to first lieutenant, require
completion of 2 years minimum time in grade and completion of a branch
officer basic course.

11.  Army Regulation 135-155, also specifies that an officer's records will
be screened to determine eligibility for promotion to first lieutenant far
enough in advance to permit promotion on the date promotion service is
completed.  An officer recommended for promotion must meet height and
weight standards of the Army Body Composition Program, and pass a current
APFT, within the last 12 months of their PED, have a current physical
within 5 years of their PED, have a security clearance, and not be under a
suspension of favorable personnel actions (flagged) per Army Regulation 600-
8-2, Suspensions of Favorable Personnel Actions.

12.  Army Regulation 135-155, Paragraph 4-8, specifies that an officer
found not qualified for promotion to first lieutenant who was retained in
an active status may be promoted if later determined qualified.  The
promotion will not be earlier than the date the officer is determined
qualified for promotion.  A MFR will be prepared to explain the later
promotion date.  A copy of the promotion notice and the MFR will be placed
in the officer's official military personnel file.
13.  Army Regulation 135-155, paragraph 4-18(2) further specifies that an
officer unqualified for promotion, for non-compliance with the Army Body
Composition Program, will have a date of rank and promotion effective date
of the date the officer is in compliance with Army standards.

14.  Army Regulation 135-101, prescribes the policies, procedures, and
eligibility criteria for appointment of commissioned officers in the
Reserve, in the six branches of the Army Medical Department.  This
regulation provides that officers will be granted CSC for periods of
professional training and experience accrued after receipt of the basic
qualifying degree.  No credit is authorized to ANC officers for a basic
qualifying degree in nursing.  CSC awarded for professional nursing
experience will be evaluated by the Office of The Surgeon General.  An
individual appointed with less than 3 years CSC will be appointed in the
grade of second lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to her promotion effective date and date of rank for
first lieutenant.

2.  The applicant's contention that she was eligible for promotion to first
lieutenant on 20 June 2003 has been noted.  However, the available evidence
shows that she was not in compliance with height and weight standards until
19 May 2004.

3.  The applicant was advised on 27 September 2004, that she could not be
promoted on her PED of 20 June 2003 because all promotion qualifications
were not met.  The applicant was promoted when all qualifications were met.
 Therefore, her promotion effective date and date of rank for first
lieutenant are correct and she has not shown otherwise.

4.  It appears that, based on the information provided in conjunction with
the applicant's appointment in the ANC, she was awarded CSC for her
professional nursing experience.  The evidence of record does not show she
is entitled to additional CSC based on her Bachelor of Science degree in
Nursing.  Based on regulatory guidance, initial CSC is not awarded at the
time of appointment in the ANC for basic qualifying degrees in nursing.
Therefore, the CSC awarded at the time of her appointment was correct.  She
was awarded 9 months and 27 days CSC for her nursing experience.  There is
no evidence she is entitled to additional CSC.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_ALR____  _MM ___  _SLP____  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.




                                  ____Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |A20050004373                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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