IN THE CASE OF:	  

		BOARD DATE:	       6 AUGUST 2009

		DOCKET NUMBER:  AR20080019761 


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, that she be awarded entry grade constructive credit.  She also requests that her date of rank (DOR) to first lieutenant be adjusted to 10 June 2007.

2.  The applicant states, in effect, that she had prior enlisted service from 1980 to 1987, that she received a direct commission in 1991 with a diploma from an approved School of Nursing and an Associate degree, that she did not have a break in service from 1980 to 1996, and that she was transferred to the Individual Ready Reserve (IRR) because of lung surgery and she had a child with special needs.  She contends that while in the IRR she was not properly informed of the need to complete the Officer Basic Course for further promotions.  She indicates that she was re-commissioned in August 2006 as a second lieutenant and that she was not given any constructive credit for her nursing experience from 1996 to 2006, for obtaining her Bachelor of Science degree in Nursing, or for the years of working full time as a nurse while in the IRR.  She points out that she completed the Officer Basic Course on 10 June 2007 and she was not promoted until 6 August 2008.   

3.  The applicant provides active duty orders; a resume; a DD Form 214 (Certificate of Release or Discharge from Active Duty); an enlistment contract; two DA Forms 71 (Oath of Office); orders; appointment orders; a Notification of Promotion Status letter; a DA Form 1059 (Service Academic Evaluation Report); proficiency reports; Officer Evaluation Reports; promotion orders; a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)); a DA Form 61 (Application for Appointment); a diploma; and transcripts in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 August 1980 and was honorably discharged on 16 July 1987.  She enlisted in the U.S. Army Reserve (USAR) on 17 July 1987.  On 22 May 1991, she was honorably discharged from the Ready Reserve.  She was appointed a second lieutenant in the USAR, Army Nurse Corps, on 4 May 1991.  She was honorably discharged from the USAR on 11 September 1996. 

2.  The applicant’s DA Form 61 (Application for Appointment), dated 26 May 2006, shows she obtained her Bachelor of Science in Nursing degree on 30 April 1998.  She was commissioned a second lieutenant in the USAR, Army Nurse Corps, on 7 August 2006.    

3.  A DA Form 5074-1-R, dated 22 August 2006, shows the applicant did not receive any constructive credit and her entry grade was second lieutenant.  Part I (Constructive Service Credit) on this form shows she obtained a Bachelor of Science degree in Nursing in 1998.  Part II (Prior Active Commissioned Service Credit) on this form shows her service as a second lieutenant from 1991 to 1996.  Item 30 (Grade for Which Credit Qualifies) this form shows the entry "HGH [Highest Grade Held] (2LT/01)."   

4.  On 3 October 2006, the applicant was notified that she had been considered but was not selected for promotion to first lieutenant because she had not completed the military education requirement.

5.  On 10 June 2007, the applicant completed the Army Medical Department (AMEDD) Officer Basic Course.

6.  The applicant was promoted to first lieutenant on 6 August 2008.  She was ordered to active duty on 5 December 2008 for a period of 365 days.     

7.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Nurse Program Manager, U.S. Army Recruiting Command.  The opinion determined that the applicant's current grade/highest grade held awarded in June 2006 was accurate based on paragraph 1-3(a) of Army Regulation 
135-101 and Department of Defense Instruction (DODI) 6000.13, paragraph 6.2.2., and subparagraphs 6.2.2.1. and 6.2.2.2.

8.  The advisory opinion was furnished to the applicant for her review and possible rebuttal.  On 15 May 2009, the applicant responded.  In summary, she stated that the following issues were not considered:  (1) when she was in the Individual Ready Reserve (from 1991-1996 and for medical reasons due to no fault of her own) she continued to serve as a licensed registered nurse, she furthered her education and acquired her Bachelor of Science Degree in Nursing in 1998, that her initial direct commission in 1991 was based on her registered nurse diploma credentials as a novice nurse, and that she also held an Associate degree in Liberal Arts; (2) no constructive credit was given for being a trained professional when she was re-commissioned in August 2006, that she has 
18 years of experience (1991-2009) that is not reflected and incorporated in her official military records, and that her professional work experience should be in accordance with DODI 1312.2.; and (3) after completion of the Officer Basic Course requirements which she fulfilled on 10 June 2007 she was not promoted to first lieutenant until the 2-year requirement was met which was 6 August 2008.        

9.  On 23 June 2009, additional information from the Army Reserve Nurse Program Manager, Headquarters, U.S. Army Recruiting Command was sent to the applicant for her review and possible rebuttal.  However, the applicant did not respond within the given time frame.  

10.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), dated 15 February 1984, provides policy for the appointment of Reserve commissioned officers for assignment to Army medical branches.  Paragraph 1-3a of this regulation states that commissioned officers of any Reserve Component of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty in the grade currently held if serving in the specialty for which applying or in the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified, whichever selection would result in a higher grade or greater promotion service on the date of appointment.    

11.  Table ERR of Army Regulation 135-101 states, in pertinent part, that the appointment grade of an individual with entry grade credit of 3 years or more, but less than 7 years is first lieutenant.

12.  Paragraph 6.1. of Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, states 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 (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.

13.  Paragraph 6.1.1. of DODI 6000.13 states that credit for prior service as a
commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.  For entry grade credit, the Medical Service Corps (MSC), the Biomedical Sciences Corps (BSC), and the Army Medical Specialist Corps (AMSC) are considered as the same Corps. The Secretaries shall establish procedures to ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner. 

14.  Paragraph 6.1.1.1. of DODI 6000.13 states that 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.

15.  Paragraph 6.1.2.2.5. of DODI 6000.13 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. Accordingly, volunteer, or student status cannot be credited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions pertaining to entry grade constructive credit were carefully considered.

2.  Evidence of record shows the applicant was commissioned a second lieutenant in the USAR, Army Nurse Corps on 4 May 1991.  She was discharged in the rank of second lieutenant on 11 September 1996 after serving 5 years, 4 months, and 8 days.  

3.  Evidence of record shows the applicant was again commissioned a second lieutenant in the USAR, Army Nurse Corps on 7 August 2006.  Evidence of record also shows she did not receive any constructive credit and her entry grade was second lieutenant.

4.  Notwithstanding the advisory opinion, which based its opinion on the 25-year old Army regulation, DODI 6000.13 states that prior commissioned service credit shall be awarded for 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, on a day-for-day basis with any commissioned service performed before such appointment.  Since the applicant completed 5 years, 4 months, and 8 days of prior commissioned service, it would be appropriate to correct her records to show she received 5 years, 4 months, and 8 days of prior commissioned service credit.     

5.  In addition, the governing regulation states that the appointment grade of an individual with entry grade credit of 3 years or more, but less than 7 years is first lieutenant.  Therefore, the applicant's records should be corrected to show she was appointed a first lieutenant on 7 August 2006 with a DOR of 29 March 2001. 

6.  Although the applicant contends that she was not given any credit for her nursing experience from 1996 to 2006, she did not provide any evidence of such experience.  Therefore, there is insufficient evidence on which to grant any additional constructive credit at this time. 

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:

	a.  correcting her military records to show she received 5 years, 4 months, and 8 days of constructive service credit upon her appointment in August 2006 based on her prior commissioned service credit; and    



	b.  correcting her military records to show she was appointed a first lieutenant on 7 August 2006 with a DOR and effective date of rank of 29 March 2001 and paying to her any and all pay and allowances due as a result of these corrections.




      _______ _ XXX  _______   ___
               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)                                         AR20080019761



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ABCMR Record of Proceedings (cont)                                         AR20080019761



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