RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	22 April 2008  
	DOCKET NUMBER:  AR20070003951 


	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.









      The following members, a quorum, were present:

	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, award of additional constructive service credit (CSC) and an adjusted higher entry grade on appointment. 

2.  The applicant states, in effect, that she never saw her DA Form 5074 (Record of Award of Entry Grade Credit (Medical and Dental Officers))[sic] and would like to be issued a new DA Form 5074.  She also states that a DA Form 5074 is not in her file.  She believes that her years of civilian practice, advanced licensures, and two graduate degrees should have resulted in a higher entry grade.  She is a Family Nurse Practitioner.  She was commissioned as a first lieutenant, despite 25+ years of civilian practice.  In reviewing her DA Form 61 (Application for Appointment), it would appear that she was not given credit for her first 10 years as a Registered Nurse.

3.  The applicant provides copies of her DA Form 61 (Application Appointment), her appointment memorandums, and her appointment orders, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records contain a copy of her Northern Michigan University transcript, dated 8 February 1999, that shows she was awarded a Master of Science in Nursing on 3 May 1994.

3.  The applicant submits a copy of her DA Form 61, dated 15 July 1999, that shows she was awarded a Bachelor of Science in Nursing on 7 May 1985.  Item 40 (Main Civilian Employment) shows she was employed as a Nurse Practitioner from May 1998 to July 1999 and a Family Nurse Practitioner from October 1999 to July 1999.  Her DA Form 61 does not show she served as a Registered Nurse for 10 years.

4.  A search of the applicant's records did not contain, and she did not submit, a copy of a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) [the applicable DA form for the applicant's appointment as a Army Nurse] to show the source of her CSC. 

5.  The applicant military records show that she was appointed in the United States Army Reserve, Army Nurse Corps, as a first lieutenant, effective 28 October 1999, with 5 years CSC.  She was promoted to captain effective 30 April 2002.

6.  A request for review of the applicant's military records and for the source of her CSC in particular, was made of the US Army Recruiting Command, Fort Knox, Kentucky, on 30 July 2007 and 11 March 2008.  No response was received from recruiting command representatives by the Board.

7.  Army Regulation 135-101, prescribes the policies, procedures, and eligibility criteria for the appointment of commissioned officers in the Reserve in the six branches of the Army Medical Department (AMEDD).  This regulation specifies that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Individuals appointed in the Army Nurse Corps may receive two years CSC for a master's degree in Nursing.  No credit is authorized for a bachelor's degree in Nursing.  Individuals may also receive one half year credit for each year of education or experience up to a maximum of 3 years credit.  CSC will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.  Entry grade credit of 3 years or more, but less than 7 years, provides the entry grade of first lieutenant.  Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within the grade.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to award of additional CSC and an adjusted higher entry grade on initial appointment.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  The applicant's contention has been noted; however, as an individual appointed in the Army Nurse Corps, she was only entitled to receive a maximum of 2 years CSC for her Master of Science in Nursing.  It appears that she was awarded, in addition, the maximum of 3 years CSC for her professional experience during her employment as a Nurse Practitioner and a Family Nurse Practitioner.  There are no provisions for award of CSC for a Bachelor of Science in Nursing degree and additional CSC beyond the allowable 3 years maximum credit for her professional experience.  It appears the applicant was awarded the correct amount of CSC based on her degree and professional experience.

3.  The applicant contends that she should have been appointed in a higher grade than that of first lieutenant.  However, in accordance with regulatory guidance, entry grade credit of 3 years or more, but less than 7 years, provides the entry grade of first lieutenant.  Therefore, it appears she was correctly appointed in the grade of first lieutenant.

4.  Therefore, based on the evidence provided at the time of the applicant's application for appointment, it appears her initial CSC, and entry grade awarded at the time of her appointment were correct.

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

_x_  __x____  x ____  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.




      _____x_________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070003951


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508