DOCKET NUMBER:  AR20080019766 


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, adjustment to his date of rank for first lieutenant. 

2.  The applicant also requests, in effect, additional constructive credit for his professional experiences as a critical care nurse and adjustment to his initial appointment date of rank.  

3.  The applicant states, in effect, he believes his date of rank for first lieutenant should be based on his officer basic course (OBC) completion date which was prior to 5 May 2007.  If it is found that his date of rank is incorrect, then the date will be adjusted and means that he would be eligible for promotion consideration to captain by the January 2009 board.

4.  The applicant also states, in effect, that he graduated in May 1997 and has been doing critical care nursing since he graduated.  He is currently deployed with the 345th Combat Support Hospital at Al Asad Airbase in Iraq.  There are a lot of nurses there with a lot less experience than he and he is being used to teach nurses who outrank him due to their lack of critical care experience.  He further states, in effect, that these individuals received the maximum credit and have served as a nurse for less time than he has.  A lot of the registered nurses that he works with do not have their Bachelor of Science in Nursing and he does have his Bachelor of Science in Nursing.  

5.  In support of his application, the applicant provides copies of his DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), his DA Form 1059 (Service School Academic Evaluation Report), and electronic mail correspondence from the Career Management Officer with the Army Nurse Corps.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 61 (Application for Appointment), dated 12 January 2005, shows he was pursuing his Bachelor of Science in Nursing degree with an expected completion date of May 2007.  Item 40 (Main Civilian Employment), of his DA Form 61, shows he worked as a Staff Critical Care Registered Nurse from 1000[sic] (most likely 2000) to present (12 January 2005).  His DA Form 61 does not show he worked in critical care in 1997.

2.  The applicant submits a copy of his DA Form 5074-1-R, dated 11 April 2005, that shows he completed his Associate Degree in Nursing on 18 May 1997 and was awarded zero credit for basic qualifying degree.  He was awarded 1 year, 4 months, and 19 days credit for his professional experience from 30 April 2002 to 8 February 2005, based on Registered Nurse's License.  The 1 year, 4 months, and 19 days credit was applied toward his entry date of rank for second lieutenant.  The credit adjusted his entry date of rank from 2 March 2005 to 20 October 2003.

3.  The applicant's military records show that he was appointed in the United States Army Reserve, Army Nurse Corps, as a second lieutenant, effective 2 March 2005, with prior enlisted service and an adjusted date of rank of 20 October 2003, based on the award of 1 year, 4 months, and 19 days constructive credit.

4.  The Soldier Management System, Human Resources Command (HRC), St. Louis, Missouri, shows that on 4 May 2006, a Report to Suspend Favorable Personnel Actions (FLAG) was initiated against the applicant for failure to meet the Army's height and weight standards.

5.  The applicant completed the Army Medical Department (AMEDD) OBC effective 10 June 2006.

6.  The applicant was selected for promotion to first lieutenant by the 2006 Administrative Board.

7.  The applicant's record contains a DA Form 5500 (Body Fat Content Worksheet), dated 5 May 2007, which shows he met the height and weight standards on that date and met all requirements for promotion to the next higher grade.  The FLAG was removed on the same day.

8.  The applicant was issued orders promoting him to first lieutenant with a promotion effective date and date of rank of 5 May 2007.

9.  In an advisory opinion, dated 2 March 2009, the Chief, Special Actions Branch, DA Promotions, HRC, St. Louis, stated that the applicant was selected for promotion to first lieutenant by a 2006 Administrative Board and he completed the OBC on 10 June 2006.  He was under a FLAG at that time; therefore, he was not eligible for the promotion.  Upon removal of the FLAG on 5 May 2007, the applicant was promoted with 5 May 2007 as his date of rank.  Based on the flagging action he was not eligible for an earlier date of rank and his eligible board for promotion consideration would be the 2010 Captain AMEDD Board.  Based on the foregoing, he recommended the applicant's request be denied.

10.  The advisory opinion was forwarded to the applicant for acknowledgement and rebuttal on 10 March 2009.  He did not respond.

11.  Army Regulation 135-155 (Promotions of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures for the promotion of Reserve officers.  The regulation specified that officers appointed after 1 October 1996, for promotion to first lieutenant, require completion of 2 years minimum time in grade and completion of a branch OBC.  

12.  Army Regulation 135-155 also specifies that an officer's records will be screened to determine eligibility for promotion to first lieutenant far enough in advance to permit promotion on the date promotion service is completed.  An officer recommended for promotion must meet height and weight standards of the Army Body Composition Program, pass a current Army Physical Fitness Test within the last 12 months of their promotion eligibility date (PED), have a current physical within 5 years of their PED, have a security clearance, and not be under a suspension of favorable personnel actions (flagged) per Army Regulation 600-8-2 (Suspensions of Favorable Personnel Actions).  

13.  Army Regulation 135-155, paragraph 4-8, specifies that an officer found not qualified for promotion to first lieutenant who was retained in an active status may be promoted if later determined qualified.  The promotion will not be earlier than the date the officer is determined qualified for promotion.  

14.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) prescribes the policies, procedures, and eligibility criteria for the appointment of commissioned officers in the Reserve in the six branches of the AMEDD.  This regulation specifies that grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Individuals appointed in the Army Nurse Corps may receive two years constructive credit for a master's degree in nursing.  No credit is authorized for an associate or bachelor's degree in nursing.  Individuals may also receive one half year credit for each year of education or experience up to a maximum of 3 years credit.  Constructive credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree and licensure.  Entry grade credit of 3 years or more, but less than 7 years, provides the entry grade of first lieutenant.  Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within the grade.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank for first lieutenant.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant's contentions have been noted; however, the evidence of record confirms that pending the outcome of his flagging action, he was not qualified for promotion to first lieutenant prior to 5 May 2007.  The flagging action was removed on 5 May 2007 and he was properly promoted to first lieutenant effective that same date.  He was promoted to first lieutenant based on removal of a FLAG in accordance with pertinent regulation.  Therefore, he received the earliest promotion effective date and date of rank for first lieutenant to which he was entitled.  He was not eligible for an earlier promotion as he was not qualified on an earlier date.

3.  The applicant's contention has been noted; however, as an individual appointed in the Army Nurse Corps, he was only entitled to receive one half year credit for each year of education or experience up to a maximum of 3 years credit.  His DA Form 5074-1-R shows he was awarded (at one half year credit for each year) 1 year, 4 months, and 19 days of constructive credit, for his professional experience from 30 April 2002 to 8 February 2005.  Based on the evidence provided at the time of the applicant's application for appointment, it appears his initial constructive credit based on his professional experience was correct and his initial appointment date of rank was properly adjusted by that credit.  Therefore, the applicant is also not entitled to award of additional constructive credit and an adjusted initial appointment date of rank.  

4.  The applicant's contention that he has been working in critical care since 1997 has also been noted.  However, constructive credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree and licensure.  His DA Form 61, Item 40 shows he has been working since 1000 (probably 2000) to 12 January 2005.  His DA Form 5074-1-R shows his award of 1 year, 4 months, and 19 days credit was based on his licensure as a registered nurse.  If the applicant has evidence that was employed in critical care and licensed as a registered nurse prior to 2002, then he may submit documentation (employment records and licensure) for reconsideration for additional credit to the US Army Recruiting Command, USAR Nurse Manager, Fort Knox, Kentucky.  

5.  At the time of the applicant's appointment in 2005, the evidence shows his basic qualifying degree was an Associate Degree in Nursing.  Also, there are no provisions for award of constructive credit for an Associate Degree or a Bachelor of Science Degree in Nursing.  An individual appointed in the Army Nurse Corps will only receive a maximum of 2 years constructive credit for a Master of Science Degree in Nursing.  Therefore, based on the evidence provided at the time of the applicant's application for appointment, it appears his initial constructive credit awarded at the time of his appointment was correct.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080019766



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ABCMR Record of Proceedings (cont)                                         AR20080019766


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