RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050014200


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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, an evaluation of her employment
history, constructive service credit and promotion to major.

2.  The applicant states that she had been a full time registered nurse for

16 years and 6 months, that she had a baccalaureate degree in nursing
rather than an associate’s degree and that her time in the Air Force
Reserve should be calculated on a day for day basis.

3.  The applicant provides a 15 August 2005 memorandum to Review Boards
Agency; copies of her DA Form 5074-1-R (Record of Award of Entry Grade
Credit (Health Services Officers)), dated 29 November 2001; ARPC Form
249 (Chronological Statement of Retirement Points), dated 16 August 2004;
Verification of Previous Employment at the University of Washington;
letters of employment from Inland Northwest Health Services and Sacred
Heart Medical Center; State of Washington Registered Nurses License, issued
on 17 August 1984 and expires on 29 April 2006; and a transcript showing
the applicant has a Bachelor of Science Degree in Nursing from Washington
State University issued on 20 December 1997.

CONSIDERATION OF EVIDENCE:

1.   The applicant was appointed a USAR captain in the Army Nurse Corps on
8 November 2001.  She was credited with 8 years, 7 months, and 11 days of
entry grade credit.  Her date of rank was established as 6 April 2000.

2.   Her DA Form 5074-1-R (Record of Entry Grade Credit (Health Services
Officers)) shows she received 10 months, and 4 days constructive credit for
her civilian work experience and 7 years, 9 months, and 7 days prior
service credit.   Her ARPC Form 249-2-E (Chronological Statement of
Retirement points shows she had no extended active duty as an Air Force
Reserve commissioned officer.

3.  United States Code, Ttitle10 (10 USC); Section 12207-Appointment of
Reserve Commissioned Officers: Service Credit upon Original Appointment
states the following:

      a)(1) For the purpose of determining the grade and the rank  within
      grade of a person receiving an original appointment as a reserve
      commissioned officer (other than a commissioned warrant officer)
      in the Army, Navy, Air Force, or Marine Corps, the person shall be
      credited at the time of the appointment with any commissioned service
      (other than service as a commissioned warrant officer) performed
      before such appointment as a regular officer, or as a reserve officer
      in an active status, in any armed force, the National Oceanic and
      Atmospheric Administration, or the Public Health Service.


4.  Department of Defense Instruction (DODI) 6000.13-Prior Commissioned
Service Credit-states in the pertinent subparagraphs:

      6.1.1 Credit for prior service as a commissioned officer (other than
      as a commissioned warrant officer) shall be granted to recognize
      previous commissioned experience, while  maintaining cognizance of the
      level of professional knowledge, skill, and experience required at
      specific rank levels of each health profession. For entry grade
      credit, the Medical Service Corps (MSC), the Biomedical Sciences Corps
      (BSC), and the Army Medical Specialist Corps (AMSC) are considered as
      the same Corps. The Secretaries shall establish procedures to ensure
      the awarding of prior commissioned service credit is applied in an
      equitable and consistent manner. Credit shall be awarded as follows:


      6.1.1.1. Service on active duty or in an active status as a
      commissioned officer in any of the Uniformed Services, in the corps or
      professional specialty in which being appointed, shall be credited on
      a day-for-day basis with any commissioned service performed before
      such appointment.


      6.2.2.2.5 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.

5.  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 7 years or
more, but less 14 years of entry grade credit will be appointed a captain.
Table 3-2 (Computation of Prior Active Commissioned Service Credit)
[ATTACHED] stipulates that an individual appointed in the Army Nurse Corps
will receive service credit of  1 year for each year on, “Extended active
duty Commissioned Service in the specialty being appointed and ½ year for
each year of, “Active Commissioned service other than on extended active
duty….”

6.  During the processing of this case an advisory opinion was obtained
from Headquarters, United States Army Recruiting Command (USAREC).  The
Army Nurse Program Manager noted that, according to Army Regulation 135-
101, chapter 3 and table 3-1, up to 3 years constructive credit was granted
at the rate of one-half year per each year of professional experience.  The
Program Manager noted that 10 months and 4 days constructive credit was
granted for the period 17 August until 24 April 1986.  Prior service credit
was awarded for the period 25 April until 8 November 2001 at the one-half
rate or 8 years, 7 months, and 11 days.  She also noted that a period of
time could be counted only once and that constructive credit was allowed
for a master’s degree but not for a baccalaureate.  The Program Manager
observed, “Credit shall be awarded in accordance with Department of Defense
Instruction and Sections 533 and 12207 of 1o U.S.C. (reference 9c).”  The
advisory opinion was referred to the applicant for comment or rebuttal.

7.  The applicant responded by maintaining that the applicable DODI
Department of Defense Instruction and 10 USC provisions require that prior
service credit should be awarded on a year for year basis for the period
25 April 1986 to January 1996 which equals 9 years and 8 months.  This
argument ignores the provisions of Army Regulation 135-101 which provides
for year for year credit for
prior service on active duty and one-half credit for prior service in an
active status.   However, she concurs that the constructive service credit
for her prior professional experience from 17 August 1984 until 24 April
1986 is properly credited at the one-half rate and that her time in the
Individual Ready Reserve (IRR), January 1995 until 8 November 2001 was
properly calculated at the one-half rate.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion is somewhat inartfully worded in that it mentions
Army Regulation 135-101 only in reference to constructive credit and cites
only the DODI and 10 USC in reference to prior service credit.  Therefore,
the applicant’s reliance upon only DODI and 10 USC while ignoring one-half
credit provision in the Army Regulation is not surprising.  However, that
argument makes her concession of one-half credit for her IRR time
illogical.  There is no regulatory differentiation between the IRR and
other forms of “Active Commissioned service other than on extended active
duty….”

2.  Contrary to the applicant’s assertions, Army Regulation 135-101 does
apply and it provides that her prior commissioned service is creditable at
the one-half rate.

3.  Her entry grade credit was properly calculated when she was appointed a
captain.

4.  The foregoing is in consonance with the advisory opinion from USAREC.

5.    In order to justify correction of a military record the applicant
must show to the satisfaction of the Board, or it must otherwise
satisfactorily appear, that the record is in error or unjust.  The
applicant has failed to submit evidence that would satisfy this
requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MJNT__  _WDP___  ___WFC_  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.





                                  ___William D. Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014200                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/20                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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