IN THE CASE OF:	  

		BOARD DATE:	       3 March 2009

		DOCKET NUMBER:  AR20080014258 


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 that she be given constructive credit as a registered nurse with 15 years experience.

2.  The applicant states "My recruiter refused to tell me and did not give me my credits as a registered nurse for 15 years."

3.  The applicant provides copies of her college transcript, her Curriculum Vitae, Bachelor of Science in Nursing (BSN) certificate, a 9 September 1992 appointment letter, a 29 December 2006 Oath of Office, and Officer Record Brief. 

CONSIDERATION OF EVIDENCE:

1.  The applicant attended Catholic University completing a BSN on 30 June 1992.

2.  The applicant was commissioned a second lieutenant (2LT), Army Nurse Corps, United States Army Reserve (USAR) on 9 September 1992 with no constructive credit.

3.  She was ordered to active duty to attend an English Language Training course at the Defense Language Institute to be followed by attendance at the Nurse Corps Basic Officer course.

4.  The applicant was honorably discharged on 9 January 1994 under Army Regulation 635-100, Chapter 5, for failure to complete a course of instruction.  This was a complete and unconditional discharge with no service obligation.   

5.  The applicant's Curriculum Vitae shows that during the 12 years following her discharge the applicant worked as a staff nurse with the exception of two periods (a total of 3 years) where she worked as a pharmaceutical sales representative. 

6.  In 2006 the applicant applied for a commission in the Regular Army and was selected for appointment as a second lieutenant in the Army Nurse Corps, effective 8 August 2006.  At this time she appears to have been given credit for her prior service but no constructive credit for her civilian experience as a practicing nurse.

7.  The applicant was selected for and promoted to first lieutenant with an effective date and date of rank of 3 July 2008.

8.  In the development of this case an advisory opinion was obtained from the Active Duty Nurse Program Manager, Headquarters, Medical Recruiting Brigade, US Army Recruiting Command.  It was stated that the applicant was selected for reappointment within the same branch; therefore, her entry grade was correctly assigned as a second lieutenant.  It was further stated that the applicant was afforded prior service credit but not constructive credit because she cannot earn credit in more than one category at a time in accordance with Department of Defense Instruction (DoDI) 1312.03 paragraph 6.1. 

9.  A copy of the opinion was forwarded to the applicant.  No response has been received from the applicant. 

10.  Department of Defense Instruction 1312.03 (Service Credit for Commissioned Officers) paragraph 6.1 (Entry Grade Credit) states that the entry grade and date of rank or promotion service credit in grade of a commissioned officer (other than an officer in the health professions) shall be determined by the entry grade credit awarded upon appointment.  The entry grade credit that is awarded shall be the sum of the prior commissioned service allowed and the amount of constructive service credit allowed.  A period of time shall be counted only once when computing credit.  Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment.



11.  Department of Defense Instruction 6000.13 (Medical Manpower and Personnel), dated June 30, 1997, provides that a prospective health professions officer’s entry grade and rank within grade 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 (other than as a commissioned warrant officer), 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, and qualifying periods of less than one full year shall be proportionately credited to the nearest day.  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 states, in effect, that she was misinformed as to what constructive credit she was entitled to.

2.  The officer offering the advisory opinion utilized the incorrect DoDI in justifying affording the applicant only prior service credit.  This DoDI specifically states it is to be used for commissioned officers other than an officer in the health professions.

3.  The appropriate DoDI in this case is DoDI 6000.13.  Under this instruction a commissioned officer in the medical professions is entitled to both prior service and work experience constructive service credit.  The primary limitation is that a period of time may only be counted once.

4.  The applicant's 2006 appointment was an original appointment in the Regular Army Nurse Corps; it was not reappointment in the Reserve.  It appears she would have met the criteria to have been awarded constructive credit based upon her civilian experience as a nurse.

5.  During the period between her 1994 discharge and 2006 appointment in the Regular Army, the applicant reports having been a practicing nurse for 9 of these 12 years.  This would potentially entitle her to the 3 year maximum constructive credit for work experience.

6.  However, the applicant has not provided any documentation to corroborate these periods of employment.  Without corroboration, such as employment records or employment evaluation reports, to verify the periods of employment noted on the Curriculum Vitae there is insufficient evidence to correct the record. 

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)                                         AR20080014258





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ABCMR Record of Proceedings (cont)                                         AR20080014258



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