RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2007
DOCKET NUMBER: AR20060010312
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. Kenneth Wright
Chairperson
Ms. LaVerne Douglas
Member
Ms. Ernestine Fields
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 constructive credit for his professional experience.
2. The applicant states, in effect, that he had approximately 18 months of full-time work as a nurse before he was commissioned. He contends that errors were made on his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) and he received no constructive credit. He also states that to rectify the error he submitted a letter to the recruiter in August 2004 which was signed by his employer.
3. The applicant provides an undated letter from Interim Healthcare, Incorporated documenting his work experience; and a DA Form 5074-1-R, dated 20 January 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned a second lieutenant in the U.S. Army Reserve, Army Nurse Corps on 22 December 2003. A DA Form 5074-1-R, dated 20 January 2004, shows that he received no constructive credit for professional experience. He was promoted to first lieutenant on 21 December 2005.
2. In support of his claim, the applicant provided an undated letter from Interim Healthcare, Incorporated which states that he was employed with this company from June 2001 to May 2003. This letter contains a signature but no signature block or title.
3. In the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, U. S. Army Recruiting Command. The opinion stated that a favorable recommendation could not be supported at this time based on the documentation provided from Interim Healthcare, Incorporated. The document could not be authenticated without the authors signature block, title, and contact information.
4. On 2 February 2007, the advisory opinion was furnished to the applicant for his review and possible rebuttal. He did not respond within the given time frame.
5. Army Regulation 135-101 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. Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service. Additional credit may be granted 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, if applicable (Army Nurse officers are granted one-half for each year of education or experience up to a maximum of 3 years credit).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that errors were made on his DA Form 5074-1-R pertaining to his professional experience was noted. However, as stated in the advisory opinion, the letter the applicant provided from Interim Healthcare, Incorporated documenting his work experience could not be authenticated without the authors signature block, title, and contact information.
2. The applicants DA Form 5074-1-R shows that he was not given any constructive credit for his professional experience. If the applicant could get the individual who signed that letter to provide his signature block, title, and contact information, he may apply for reconsideration. Currently, however, there is insufficient evidence on which to base any constructive credit at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
KW____ __LD____ __EF_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____Kenneth Wright__________
CHAIRPERSON
INDEX
CASE ID
AR20060010312
SUFFIX
RECON
DATE BOARDED
20070410
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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