IN THE CASE OF:	
	
      BOARD DATE:  	  

	DOCKET NUMBER:  AR20070014127 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of constructive service credit for his professional nursing work experience.

2.  The applicant states, in effect, that he was not able to review a copy of his DA Form 5074-1-R until after having accepted his oath of office and USAR Commission and then only upon obtaining access to AKO.  Upon review, it appears that he received no credit in Part I, Section D.  He states that he did receive credit for 09-01-13 in Part II.  He believes that he should have received constructive credit in both categories separately as representatives of both his Preoperative Professional Experience and his separate prior active commissioned service combined not to exceed 13 total years (per the constructive credit AR).  For example 9 + years for his military service (which appears to be appropriately documented) and an additional 3 years credit for his professional Nursing experience of over 12 years.  It appears that he only received constructive credit for his military service (Navy) and no constructive credit for his professional nursing work experience (11 + years of strictly PERIOP Nursing at the time of his application) even though it did not occur within the same professional field or employer (i.e. he was not a Navy RN but served as a Naval Flight Officer his entire USN/USNR career 19+years).  He adds that he has attempted to resolve this issue for the past year through the recruiting command in both Gainesville, Florida and Orlando, Florida.    

3.  The applicant provides a copy Record of Award of Entry Grade Credit (DA Form 5074-1-R), three memorandums for record from the Health Care Recruiting Command in Gainesville Florida, a self-authored statement, a copy of his resume’, four pages of academic transcripts from Jacksonville University; a copy of a Bachelor of Science in Nursing from the University of North Florida and a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214) from the United States Naval Reserve in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is presently serving in an active Army Reserve (TPU).  

2.  The applicant’s record shows that he was appointed a captain (CPT) in the Army Nurse Corps (AN) of the United States Army Reserve (USAR) on 2 June 2006, with 5 years 2 months and 8 days of prior commissioned service as a Lieutenant in the United States Navy Reserves (USNR).  The appointment memorandum issued by the United States Army Human Resource Command (HRC), St. Louis, Missouri, shows that he was granted 9 years, 01 months and 13 days of constructive service credit (as of 2 June 2006).

3.  A DA Form 5074-1-R (Record of Award of Entry Grade Credit) (Health Service) prepared on the applicant on 18 July 2006 shows that he was awarded a total of 9 years, 01 months and 13 days of constructive service credit. 

4.  The DA Form 5074-1-R also shows 7 years of constructive credit was applied for him to receive his entry grade.  The remaining 2 years, 01 months and 13 days was credit in excess of that required for his entry grade and was applied to his DOR.  This resulted in his CPT DOR being established as 19 April 2004 based on his appointment date of 2 June 2006.  

5.  In connection with the processing of this case, an advisory opinion was obtained from Headquarters, U.S. Army Recruiting Brigade, Fort Knox Kentucky. The official recommendation was unfavorable.  The applicant was board selected on 10 January 2006 for a reserve appointment.  His record is currently available for review.  In accordance with DODI 6000.13, Para 6.1.1.2 “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 one-half day of credit for each day served in the case of individuals seeking an original appointment as a Health Professions Officer.”  The applicant was given the correct constructive credit as viewed on the DA Form 5074-1-R, Feb 82 in Part II number 24 as stated the inclusive dates       

6.  On 31 January 2008, the applicant was furnished a copy of the advisory opinion for information and possible comments.  To date, the applicant has not responded to the advisory opinion. 

7.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  Chapter 3 contains guidance on awarding entry grade credit for Reserve appointment grade determination.  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the law and regulations in effect on the date of the appointment will determine the grade and date of rank upon appointment.  Table 3-1 (Constructive Service Credit) stipulates that additional credit for unusual circumstances based on special education or professional experience may be awarded if it is accrued after the member earns the qualifying degree for the MC appointment.  It further stipulates that one half year of credit may be awarded for prior commissioned officer service in the ANC in the specialty in which they are being appointed in the MC.  

8.  DOD Instruction (DODI) 6000.13, dated 30 June 1997, Subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6.1 states that a prospective heath profession officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment  as a health professions officer.  The entry grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.  

9.  Paragraph 6.1.2 of DODI 6000.13 contains guidance on constructive service credit.  It states that this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an officer in a health profession, with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.  

10.  Paragraph 6.1.1.2. of the same DODI 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.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have received additional constructive service credit for his Professional Nursing work experience was carefully considered and found to be insufficient in merit.  

2.  By law and regulation, a period of time for which constructive service credit or prior commissioned service credit is authorized will not be counted twice.  The evidence of record in this case clearly shows that the applicant had prior commissioned officer service in USNR.  Therefore, he clearly does not qualify for additional entry grade constructive service credit.  

3.  The governing regulation clearly stipulates that only one half year of credit for each year of prior commissioned officer service in the ANC will be granted upon appointment.  The regulation specifies that no unusual circumstances experience credit is authorized unless that experience is accrued after receipt of the qualifying degree that authorizes the ANC appointment.

4.  As confirmed by the advisory opinion, the applicant was properly credited with the entry grade constructive service credit he was entitled to at the time of his appointment in the USAR AN.  As a result, there appears to be no error or injustice in this case.

5.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement.

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
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070014127



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ABCMR Record of Proceedings (cont)                                         AR20070014127



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