RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070013219 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 she be granted additional constructive service credit.

2.  The applicant states that she was granted 7 months and 9 days of constructive service credit, but that does not reflect her total time as a registered nurse.  She received her registered nurse license on 13 June 1994.  She was commissioned on 8 August 1996.  Based on those dates, the amount of constructive service credit she was given was incorrect.

3.  The applicant provides a letter of support, dated 17 January 2007; her appointment memorandum; her first lieutenant promotion memorandum; her captain promotion memorandum; a memorandum awarding her the Army Reserve Components Achievement Medal; active duty orders, dated                 21 December 2004; troop program unit reassignment orders; active duty orders, dated 30 June 2006, with an amendment, dated 30 June 2006; four Officer Evaluation Reports; a licensure verification printout; an employment verification  letter, dated 31 January 2007, from Jackson State (Tennessee) Community College; and an employment verification letter, dated 16 January 2007, from Jackson-Madison County General Hospital.

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 was awarded an Associate in Applied Science degree in Nursing on 29 April 1994.  She was issued a license as a Registered Nurse on 13 June 1994.  She was awarded a Bachelor of Science in Nursing degree on    2 August 1995.

3.  The applicant provided an employment verification letter, dated 31 January 2007, from Jackson State (Tennessee) Community College.  This letter states, in part, that the applicant worked there 20 hours per week from August 1995 through May 1996 and 37.5 hours per week from August 1996 through May 1998.

4.  The applicant provided an employment verification letter, dated 16 January 2007, from Jackson-Madison County General Hospital.  This letter states that she was hired on 6 November 1995 for full time employment.  

5.  The applicant was appointed a second lieutenant in the U. S. Army Reserve, Army Nurse Corps, effective 8 August 1996.  She had no prior service.  She was awarded 7 months and 9 days of constructive service credit.

6.  In the processing of this case, an advisory opinion was requested from the    U. S. Army Recruiting Command.  The U. S. Army Reserve/Army National Guard Nurse Corps Program Manager stated that they routinely discard records after two years, the applicant’s file is no longer available for reference, and she could not make a favorable recommendation based on the supporting documents alone without the full context of the applicant’s board file.

7.  A copy of the U. S. Army Recruiting Command’s memorandum was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame.

8.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  

9.  DODI 6000.13, paragraph 6.1. states the entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service (as outlined in the DODI) credit except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.

10.  DODI 6000.13, paragraph 6.1.2.2.1. states four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P), veterinary (D.V.M.) and pharmacy (Ph.D.).

11.  DODI 6000.13, paragraph 6.2.2.2.5 states 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.
12.  DODI 6000.13 states constructive service credit may also be awarded for master’s and doctorate degrees in a health profession other than medicine and dentistry under certain circumstances; for successful completion of internship, residency, fellowship, or equivalent graduate medical, dental, or other formal professional training.  Additional credit may also be awarded in unusual cases, based on special education or experience. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s appointment board/grade determination files are no longer available, so it cannot be determined exactly how her constructive service credit was determined.

2.  The applicant completed her Associate in Applied Science degree in Nursing on 29 April 1994, and she was issued a license as a Registered Nurse on          13 June 1994.  However, except for first professional degrees that include only M.D., D.O., D.D.S. or D.M.D., O.D., Pod.D. or D.P., D.V.M., and Ph.D. (for pharmacy), constructive service credit is not awarded merely for being licensed to practice.

3.  The applicant provided an employment verification letter from Jackson State (Tennessee) Community College that states, in part, that she worked there       20 hours per week from August 1995 through May 1996 and 37.5 hours per week from August 1996 through May 1998.  She was hired by Jackson-Madison County General Hospital on 6 November 1995 for full time employment.  

4.  Constructive service credit is granted for experience in a health profession, but only at the rate of one-half year for each year of experience.  The applicant worked for 12 months, or at most 12 months and 7 days (using her appointment date of 8 August 1996, which is actually later than the date of her appointment board that would have been used to determine her constructive service credit), prior to her appointment.  That equates to 6 months and 3 1/2 days of constructive service credit.

5.  The applicant did not have a master’s or doctorate degree.  She did not complete an internship, residency, fellowship, or equivalent graduate medical, dental, or other formal professional training.  Therefore, she would not have received constructive service credit for these reasons.  Since she only had a Bachelor of Science in Nursing degree and about a year of normal nursing experience, it does not appear that she would have received constructive service credit based on special education or experience. 

6.  It is noted that the applicant’s two employment verification letters list an overlapping period of employment.  It is possible she was erroneously given too much constructive service credit based upon work experience.

7.  Again, it cannot be determined how the applicant came to be credited with      7 months and 9 days of constructive service credit.  However, again, she was not eligible for credit merely for having been issued her registered nurse license.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __gjp___  __rmn___  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.




__Richard T. Dunbar___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.