IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080017726
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 Item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
1 July 2002 be corrected to show her time spent in the area of concentration (AOC) 66H 8A (MED-SURGICAL/CRITICAL CARE NURSE- - 5YRS-5MOS-21DAYS.
2. The applicant states the current time, 0 years, 0 months, in the AOC 66H 8A is incorrect and does not accurately reflect her time spent in her specialty.
3. The applicant provides a copy of her DD Form 214 in support of her application.
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 applicants 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 applicants 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 show that on 2 June 1996 she received an appointment as a second lieutenant in the U.S. Army Reserve. Her appointment provided that she would be branch assigned as an Army Nurse Corps officer upon passing the NCLEX-RN (National Council Licensure Exam for Registered Nurses) and that failure to comply with the governing regulation would result in a branch reassignment.
3. The applicant was commissioned a second lieutenant in the U.S. Army Reserve on 2 June 1996.
4. On 3 December 1996, the applicant was ordered to active duty in the Army Nurse Corps to attend the Army Medical Department (AMEDD) Officer Basic Course, to report 12 January 1997, with a follow on assignment to Landstuhl Army Medical Center in Germany. Her active duty commitment was for 4 years and her projected and control specialty was AOC 66H.
5. The applicant attended the AMEDD Officer Basic Course from 13 January 1997 to 25 March 1997.
6. An Officer Evaluation Report (OER) for the period from 26 March 1997 to
2 August 1997 shows the applicant's designated specialty as 66H.
7. The applicant's Officer Record Brief (ORB) shows that her duty AOC for all of her assignments while on active duty was 66H.
8. On 1 July 2002, the applicant was released from active duty. She had completed 5 years, 5 months, and 21 days of active service that was characterized as honorable.
9. Item 11 of the applicant's DD Form 214 lists her AOC as 66H 8A. However, the time spent in that AOC is shown as 0 years and 0 months.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides, in pertinent part, for the entry of the titles of all AOCs the individual served in for at least 1 year in item 11 of the DD Form 214 and include for each AOC the number of years and months served. For time determination, 16 days or more count as a month. Time spent in basic training and advance individual training is not included.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the time spent in her AOC of 66H listed in Item 11 of her DD Form 214 should read 5 years, 5 months, and 21 days.
2. The applicant was commissioned a second lieutenant in the Army Nurse Corps contingent on her passing the NCLEX-RN. There is no evidence in the record that shows when she passed the NCLEX-RN. However, based on her evaluation reports and duty AOC at all of her assignments, it is reasonable to conclude she did in fact pass the NCLEX-RN. Therefore, applicant was assigned the AOC 66H during her entire period of active service.
3. According to Army Regulation 635-5, when computing time spent in an AOC the period in basic training is not included. Therefore, the period during which the applicant was attending the AMEDD Officer Basic Course would not be included in the time spent in her AOC.
4. In view of the above, the period during which the applicant was attending the AMEDD Officer Basic Course, 2 months and 13 days, would be subtracted from her amount of active service, 5 years, 5 months, and 21 days, during this period to determine the time she served in AOC 66H. Therefore, the amount of time the applicant served in her AOC should show 5 years and 3 months.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X__ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 11 of the applicant's DD Form 214 to show she served in the AOC of 66H 8A for 5 years and 3 months.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to time served in AOC 66H 8A in excess of 5 years and 3 months.
_______ _ 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) AR20080017726
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ABCMR Record of Proceedings (cont) AR20080017726
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