RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060005757
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.
Acting Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 he be awarded 9 years, 8 months, and 23 days of total entry grade credit vice 6 years, 8 months, and 23 days.
2. The applicant states this error in the awarding of credit has seriously impacted his ability to advance in his military education and career.
3. The applicant provides:
a. DA Form 5074-1-R (Record of Award of Entry Grade Credit Health Services Officers)
b. Memorandum, US Total Army Personnel Command, dated 10 January 2003, with subject: Appointment as a Reserve Commissioned Officer of the Army.
c. Memorandum, Headquarters, US Army Reserve (USAR) Command, Fort McPherson, GA, dated 27 August 2004, with subject: Promotion as a Reserve Commissioned Officer of the Army.
d. Application for Appointment.
e. Memorandum, US Total Army Personnel Command, dated 8 January 1990, with subject: Appointment as a Reserve Commissioned Officer of the Army.
f. DD Form 214 (Certificate of Release or Discharge From Active Duty) showing active commissioned service from 21 July 1990 to 21 November 1990.
g. Orders 147-026, Alabama State Military Department, dated 26 May 1992, showing promotion to First Lieutenant.
h. NGB Form 22E (Report of Separation and Record of Service) showing discharge on 7 December 1992.
i. Extract of Army Regulation (AR) 135-101, Chapter 3 Grade Determination.
CONSIDERATION OF EVIDENCE:
1. The applicant is a USAR Captain in the Army Nurse Corps (ANC). He was appointed on 10 January 2003 with 6 years, 8 months, and 23 days of constructive credit.
2. The applicant had prior enlisted service in the Regular Army (RA) from 11 September 1979 through 9 September 1983. He was then transferred to the USAR Individual Ready Reserve (IRR) on 10 September 1983 and remained there until 27 April 1985. On 24 March 1988, he joined the Alabama Army National Guard (ALARNG) and served until discharged on 30 June 1989 in order to accept an appointment as a commissioned officer in the Corps of Engineers. He served as an officer in the National Guard and USAR from 1 July 1989 through 31 December 1996. On 29 June 1996, he was promoted to the rank of Captain.
3. The applicant's DA Form 5074-1-R shows he received 3 years and 0 months of total constructive credit. He received 6 years, 8 months, and 23 days of total entry grade credit.
4. In the processing of this case, an advisory opinion was obtained from the Chief, ANC Branch, Health Service Directorate, US Army Recruiting Command. It states that the applicants constructive credit is correct. He received the maximum of 3 years' credit for experience as a health professional, and one-half day of credit for each day served as a commissioned officer, not in the corps or professional specialty in which he was appointed. The advisory opinion cites DOD Instruction (DODI) 6000.13, paragraphs 6.1.1.2 and 6.1.2.2.5 as authority. The advisory opinion recommends the applicant's request be denied. The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.
5. DODI 6000.13, paragraph 6.1.1.2 states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.
6. DODI 6000.13, paragraph 6.2.2.2.5 states that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant essentially requests one-for-one credit for commissioned service. However, DODI 6000.13 provides 1/2 day of credit for each day served. The ANC Branch, Health Service Directorate, US Army Recruiting Command advisory opinion states the applicant received the appropriate level of credit for his nursing experience and his commissioned service.
2. 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
__cg____ __mjf___ __eem___ 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.
Curtis Greenway
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060005757
SUFFIX
RECON
DATE BOARDED
20070412
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
112.0700
2.
3.
4.
5.
6.
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