RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060015103 


	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

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. Ronald J. Weaver

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. David W. Tucker

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, correction of her records to show constructive credit for her education and professional experience.

2.  The applicant states, in effect, that she was instructed to take documentation to her unit administrator to update her date of entry into the U.S. Army Reserve (USAR), which would then change her years of service.  The applicant also states, in effect, that she filled out the paperwork at her unit; however, weeks later she was told that the unit could not process the paperwork because she had already retired from the USAR.

3.  The applicant provides a letter to the Chief, Screening Team, Army Board for Correction of Military Records (ABCMR), dated 12 October 2006; Headquarters, U.S. Army Recruiting Command, RCHS-AN, Fort Knox, Kentucky, memorandum, dated 14 June 2004, subject: Advisory Opinion - [Applicant's Name and Social Security Number]; and DA Form 5074-1-R (Constructive Credit Worksheet), dated 14 June 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that she was notified of her appointment as a Reserve commissioned officer of the Army, in the grade of second lieutenant (2LT) in the Army Nurse Corps (ANC), on 30 November 1983. At the time, the applicant was not credited with any "years of service in an active status" (i.e., constructive credit).  The applicant executed an oath of office and accepted appointment as a commissioned officer in the USAR in the grade of 2LT on 13 January 1984.

2.  The applicant's military service records show that she was ordered to active duty in support of Operations Desert Shield/Desert Storm from 6 December 1990 to 20 June 1991.

3.  The applicant's military service records show that she was promoted in the USAR to the grade of first lieutenant (1LT), effective 12 January 1987; promoted to the grade of captain (CPT), effective 11 January 1991, and promoted to the grade of major (MAJ), effective 5 February 1998.

4.  On 30 November 1999, the applicant applied to the ABCMR and requested correction of her records to show constructive service credit and accession into the USAR as an Army Nurse in the grade of 1LT instead of 2LT.  The ABCMR requested an advisory opinion from Headquarters, U.S. Army Recruiting Command (USAREC), Health Services Division - Army Nurse, Fort Knox, Kentucky.

5.  On 27 February 2001, the USAR Program Manager (PM), USAREC, provided an advisory opinion stating, in effect, that the applicant was entitled to a total constructive credit of 3 years, 0 months, and 0 days; that she had "maxed up on work credit;" and was not entitled to any additional constructive credit for her work experience.  (As a result, the Regional Personnel Actions Division, Army Reserve Personnel Command, St. Louis, Missouri, indicated that it had administratively corrected the applicant's records to show 3 years of constructive service credit; however, in doing so, actually only credited the applicant with
2 years and 364 days of constructive credit (i.e., 14 January 1981), not 3 years of constructive credit (i.e., 13 January 1981).)  Based on available information, the ABCMR administratively closed the applicant's case and also instructed her to submit her documentation directly to Headquarters, USAREC (Health Service Division - Army Nurse), to determine her entitlement, if any, to constructive service credit and accession into the USAR in the grade of 1LT.

6.  On 26 June 2001, the applicant submitted an application to the ABCMR, along with supporting documentation, for constructive service credit.
 
7.  On 7 February 2003, the Chief Screening Team, ABCMR, responded to a letter the applicant submitted, dated 21 June 2002, concerning her constructive service credit.  The applicant was advised that her application was forwarded to the USAR ANC PM, USAREC, for review.  In addition, the applicant was advised that the USAR ANC PM required a copy of her nursing credendum, including nursing degree(s), certification of examinations, and a synopsis outline of her nurse training and clinical experience.  The applicant was also advised that the ABCMR was administratively closing her case in order to provide her the opportunity to gather the documents and provide them to the USAR ANC PM in order for an advisory opinion to be rendered and subsequent action by the ABCMR.

8.  On 22 December 2003, the Chief, Case Management Team, ABCMR, sent a letter to the Commander, USAREC, Health Services Directorate, Fort Knox, Kentucky, requesting additional specific information regarding the USAREC advisory opinion rendered on 27 February 2001.

9.  On 22 January 2004, the USAR ANC PM provided an advisory opinion concerning the applicant's constructive service credit.  The advisory official stated that an in-depth review of the documentation provided by the applicant was completed and adjustment to constructive service credit was not recommended at that time.  The advisory official determined that the applicant's professional experience, calculated from the date of licensure of 3 September 1968 to 1 June 1969 based upon a letter from the Barnes-Jewish Hospital; the additional work experience documented in the applicant's DA Form 61 at the time of application, showing work experience from 1 October 1981 to 29 November 1983; and additional credit of 6 months awarded for the Critical Care Professional Certification, entitled the applicant to a total of 1 year, 11 months, and 13 days of constructive credit.  The advisory opinion noted that there was an absence of supporting documentation for any professional experience for the period 1 June 1969 through 1 October 1981.   The advisory allowed that further documentation from employers showing employment as a professional nurse between the cited dates would validate a basis for award of additional constructive credit and invited the applicant to contact the USAR ANC PM directly regarding the matter.  The advisory official also concluded that, "[e]xisting documentation used in previous calculations do[es] not support previous advisory opinions or previous calculations."

10.  On 23 January 2004, the applicant was advised that the ABCMR sought the assistance of the USAREC concerning her constructive service credit, but that organization could not make a determination from the available records.  The applicant was advised to contact the USAR ANC PM, USAREC, directly for assistance with her request.  The applicant was also advised that the ABCMR was administratively closing her case in view of the fact that she had not exhausted the administrative remedies available to her.

11.  On 12 May 2004, the applicant submitted an addendum to her application to the ABCMR, dated 26 June 2001, that included additional documentation in support of request for constructive service credit.

12.  On 14 June 2004, the USAR ANC PM, USAREC, provided a revised advisory opinion concerning the applicant's constructive service credit.  The advisory official stated that an in-depth review of the documentation provided by the applicant was completed and adjustment to constructive service credit was not (emphasis added) recommended at that time.  The advisory official determined that the applicant's professional experience, calculated from the date of licensure of 3 September 1968 to 1 June 1969 based upon a letter from the Barnes-Jewish Hospital; the additional work experience documented in the applicant's DA Form 61 at the time of application, showing work experience from 1 October 1981 to 29 November 1983; additional credit of 6 months awarded for the Critical Care Professional Certification; and documented proof of employment from 4 June 1979 to 30 September 1981, entitled the applicant to a total of
3 years, 1 month, and 13 days of constructive credit.  The advisory opinion concluded with the recommendation, "[t]he documentation provided does establish justification for correction [emphasis added] in the constructive credit calculated for [the applicant]."

13.  On 15 June 2004, a copy of the advisory opinion was provided to the applicant for comment or rebuttal.  On 25 June 2004, the applicant provided her concurrence with the advisory opinion rendered in her case.  The response from the applicant also contains a handwritten note indicating, "I reread the opinion and I change my mind of the concurrence.  I didn't understand the recommended (sic)."  However, this handwritten note is crossed-out on the available document.

14.  On 21 July 2004, the applicant provided an unsigned letter to the ABCMR stating, in pertinent part, "I think I understand the opinion was a favorable recommendation.  If this is so please go forward with the board action.  What I had [a] question about was the first paragraph stating that adjustment for constructive credit was not recommended at that time. My present understanding was that no further constructive credit would be given."

15.  On 16 March 2005, the ABCMR sent the applicant a letter in response to her application, dated 12 May 2004, advising her, in effect, that based on her active status and guidance in previous advisory opinions, she must exhaust all available administrative remedies prior to review of her case by the ABCMR.

16.  On 17 May 2005, the applicant provided a letter to the ABCMR summarizing her recent comments to the ABCMR in response to the most recent advisory opinion rendered in her case, along with affirmation of her concurrence with the advisory opinion.  The applicant requested submission of her case to the Board and favorable consideration in view of the most recent advisory opinion provided in her case.

17.  On 24 May 2005, the Chief, Case Management Division, ABCMR, sent the applicant a letter in response to her letter, dated 17 May 2005, advising her, in effect, that based on her active status and guidance in previous advisory opinions, she must exhaust all available administrative remedies prior to review by the ABCMR.

18.  The applicant's military service records contain a copy of Headquarters,
89th Regional Readiness Command, Wichita, Kansas, Orders 05-180-00063, dated 29 June 2005, which show that she was released from the 7228th Medical Support Unit, Columbia, Missouri, and assigned to the Retired Reserve, effective 29 June 2005.
19.  On 30 August 2005, the applicant was notified that she was considered for promotion to the next higher grade (i.e., lieutenant colonel), but was not among those selected for promotion by the board.

20.  Department of Defense Directive (DoDD) Number 6000.12 (Health Services Operations and Readiness) and DoD Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) prescribe policy and procedures in granting entry grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.  Paragraph 6.1.2.2.5.provides, in pertinent part, 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.

21.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Medical Department Branches), in effect at the time of the applicant's appointment, prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components (RC) of the Army, in the six branches of the Army Medical Department (AMEDD).  Table 3-1 (Constructive Service Credit) of the Army regulation provides, in pertinent part, that one-half year of credit for each year of education or experience, up to a maximum of 3 years credit, is authorized for Army Nurse Corps officers.  This Table also provides that any credit awarded for professional nursing experience will be evaluated by the Office of The Surgeon General.  Professional experience credit may be calculated from date of graduation from the nursing education program only if State board examination is initially passed and the applicant was employed as a professional nurse.  Otherwise, credit for professional experience may be calculated from the date of successful completion of the State board examination.  Experience not as a professional nurse or not exclusively devoted to nursing will be excluded.  

22.  Paragraph 3-2 (Determination of entry grade for officers not ordered to active duty) of Army Regulation 135-101 provides that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with the phase shown in Table ERR (Entry into Ready Reserve).  This Table shows, in pertinent part, that an individual granted entry grade credit of 3 years or more, but less than
7 years, will be appointed as a Reserve officer in the grade of first lieutenant.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that she should have received constructive credit for her education and professional work experience upon appointment as a Reserve officer in the ANC.

2.  The evidence of record shows that the Army failed to grant the applicant any constructive credit for her education and professional work experience when she was notified of her appointment as a Reserve commissioned officer of the Army in the ANC on 30 November 1983.  As a result, the applicant was appointed in the grade of 2LT, effective 13 January 1984.

3.  The evidence of record indicates the Regional Personnel Actions Division, Army Reserve Personnel Command, St. Louis, Missouri, administratively corrected the applicant's records in 2001 to show 2 years and 364 days of constructive service credit and an entry date of 14 January 1981.  However, the preponderance of the evidence of record does not support this, as the applicant's entry date in the applicant's records remains 1 January 1984 and her dates of rank and promotion effective dates have not been adjusted.

4.  The evidence of record shows that on 14 June 2004 the USAR ANC PM, USAREC, calculated that the applicant actually had 3 years, 1 month, and
13 days of constructive credit prior to her entry into the USAR as a Reserve officer.  The USAR ANC PM also concluded that the documentary evidence justifies correction in constructive credit calculated for the applicant.  Consequently, it appears the USAR ANC PM inadvertently failed to delete the word "not" [recommended] in the opening paragraph of the memorandum when the advisory opinion (of 22 January 2004) was revised.  Therefore, it is presumed the USAR ANC PM intended to state that in the revised advisory opinion, dated 14 June 2004, that "…adjustment to constructive credit is [emphasis added] recommended at this time."

5.  The evidence of record shows an individual appointed as a commissioned officer in the ANC may be credited with up to a maximum of 3 years constructive credit for their special education or professional work experience.  The evidence of record also shows that an individual who has 3 years or more, but less than
7 years credit, and is appointed as a Reserve officer without concurrent call to active duty, will be appointed in the grade of 1LT.

6.  The evidence of record shows that the applicant's appointment in the grade of 2LT, without 3 years of constructive credit, resulted in delays or errors with respect to the applicant's advancement in rank/grade during her career.  Specifically, in the absence of being awarded 3 years constructive credit, the evidence of record shows she was appointed in the grade of 2LT on 13 January 1984; promoted to the grade of 1LT, effective 12 January 1987; promoted to the grade of CPT, effective 11 January 1991; and promoted to the grade of MAJ, effective 5 February 1998.  However, with 3 years constructive credit and appointment in the grade of 1LT, effective 13 January 1984, and assuming timely promotion of the applicant, the applicant's promotion eligibility dates (PED) would have been, as follows:  CPT - 12 January 1988; MAJ - 11 January 1995; and LTC - 10 January 2002.  In this regard, the Board can not determine the impact the applicant's 3 years of constructive credit and actual adjusted promotion dates would have had on her consideration/selection for promotion to LTC, if any.

7.  Therefore, in view of the foregoing, the applicant's military service records should be corrected to show that she was granted 3 years constructive credit upon appointment as a Reserve officer in the grade of 1LT, effective 13 January 1984.  In addition, the applicant's records should also be corrected with respect to her promotion to the grade of CPT and MAJ, respectively.  Furthermore, based on these corrections, the applicant is then entitled to review of her military service records by the Office of Promotions, RC, U.S. Army Human Resources Command (USA HRC), to determine if there were any LTC RC promotion/ selection boards the applicant would have been eligible for based on this correction of her records.

BOARD VOTE:

___RJW_  ___JCR__  ___DWT_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 she was granted 3 years constructive credit upon appointment as a Reserve officer in the grade of 1LT with a date of rank (DOR) and effective date of 13 January 1984;
	b.  promoted to the grade of CPT with a DOR and effective date of
12 January 1988; and

	c.  promoted to the grade of MAJ with a DOR and effective date of
11 January 1995.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the corrections.

3.  In addition, the Chief, Office of Promotions, RC, USA HRC, will review the applicant's records to determine if there were any LTC RC promotion/selection boards that the applicant would have been eligible for based on this correction of her records; provide official notification to the applicant of the results of that review; and, if applicable, refer her records to the appropriate LTC RC standby promotion/selection board(s).  Additionally, notify the applicant of the results of any standby promotion/selection board and, if selected for promotion, notify applicant of her promotion status, available options, and impact regarding her service in the USAR and/or Retired Reserve.




   ___Ronald J. Weaver___
          CHAIRPERSON




INDEX

CASE ID
AR20060015103
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/24
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20050629
DISCHARGE AUTHORITY
AR 140-10
DISCHARGE REASON
Retired Reserve
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
102.0800.0000
2.

3.

4.

5.

6.