IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080008888
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 states, in effect, that he be awarded entry grade credit (correctly known as constructive credit) for his prior service as a registered nurse.
2. The applicant states, in effect, that during the application process for his direct commission in the United States Army Reserve (USAR), the recruiter did not complete or take into account his credit for professional experience.
3. The applicant provides a copy of a DA Form 5074-1 (Record of Award of Entry Grade Credit, Health Services Officer) and a copy of his letter of appointment in support of this application.
CONSIDERATION OF EVIDENCE:
1. On 14 June 2006, the applicant was appointed a reserve commissioned officer in the rank of second lieutenant (2LT). Headquarters, U.S. Army Human Resources Command (HRC), St. Louis, Missouri Memorandum announced his appointment as a Reserve Commissioned Officer of the Army under Title 10, U. S. Code, sections 12201 and 12203. This memorandum also provides instructions which show the applicant was granted 00 years, 00 months, and 00 days constructive credit for grade determination.
2. The applicants record contains a copy of a DA Form 5074-1 authenticated by the preparing official and the approving official and dated 13 July 2006.
It shows in Part I, Section A, Item 9 the entry, 00-00-00. Section D, Item
20 shows the entry, 00-00-00. Part III, Item 26 (Total constructive credit) shows the entry, 00-00-00; Item 27 (Total Prior Service Credit) shows the entry,
00-00-00; Item 28 (Total Entry Grade) shows the entry, 00-00-00; and Item
30 (Grade for Which Applicant Qualifies) shows the entry, 2LT/O-1.
3. In the processing of this case, an advisory opinion was obtained from the
U.S. Army Recruiting Command, Recruiting Brigade, Fort Knox, Kentucky. The opinion recommended approval of the applicant's request. After careful review of the applicant's documents, it was determined that his original constructive credit awarded in April 2006 was inaccurate, based on Army Regulation 135-101 dated 15 February 1984 and DoDI 6000.13, dated 30 June 1997. The opinion continued that in accordance with DoDI 6000.13, paragraph 6.1.2.2.5, credit of one-half for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience as a health professional. Only full time work experience as a licensed registered nurse through the nurse selection board date is creditable. The advisory opinion recommended that an adjustment be made to the applicant's entry grade constructive credit based on his employment as a health professional. The advisory opinion concluded by awarding the applicant 00 years, 7 months, and 16 days of constructive credit in the rank of 2LT. The advisory opinion attached a copy of a corrected DA Form 5074-1 for Officer Promotions Branch (HRC-A) to recalculate the date of rank based on the entry date to the USAR.
4. On 2 October 2008, 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 (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 in the six branches of the Army Medical Department (AMEDD). Table 3-1 of this regulation, paragraph 6, states that 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.
6. 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. Paragraph 6.1.2.2.5 states 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. Creditable experience cannot predate the receipt of licensure, registration or certification.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his constructive service credit is incorrect was carefully considered and found to have merit.
2. The evidence of record shows that the applicant was not awarded constructive service credit for his experience as a health care professional (nurse). However, a review of his records shows that he should have received
7 months and 16 days of constructive service credit in accordance with Army Regulation 135-101. Therefore, the applicant's record should be corrected to show that he was credited with 7 months and 16 days of constructive service credit.
BOARD VOTE:
___ X _ ___ X __ ___ X __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 showing he was awarded constructive credit in the amount of 7 months and 16 days and that his date of rank be adjusted accordingly.
_______ _ 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) AR20080008888
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080008888
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