IN THE CASE OF:	  

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090007151 


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, correction of his records to show he was granted 3 years and 2 days of constructive credit upon entry in the U.S. Army Reserve (USAR).

2.  The applicant states he received 1 year and 2 days of constructive credit for his professional experience as a registered nurse; however, he should have been awarded an additional 2 years for his education.  He states he holds a Master of Science degree in Health Care Management and a Master of Science degree in Nursing (MSN).  He adds he was commissioned in March 2008, his constructive credit was awarded in April 2008, his didactic coursework was completed in May 2008, and he was awarded his MSN degree in December 2008.  As a result, he requests that his MSN degree be considered and applied to his constructive credit.

3.  The applicant provides copies of a DA Form 61 (Application for Appointment), dated 4 February 2008; Headquarters, U.S. Army Human Resources Command, St. Louis, MO, memorandum, dated 5 March 2008; DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 5 April 2008; Duke University MSN Diploma, dated 30 December 2008; and Duke University Official Transcript, dated 20 April 2009, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Headquarters, U.S. Army Human Resources Command, St. Louis, MO, memorandum, dated 5 March 2008, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, Sections 12201 and 12203, shows the applicant was appointed as a second lieutenant (2LT) in the Army Nurse Corps on 5 March 2008.  This document also shows he was credited with 1 year, 0 months, and 2 days of "years of service in an active status" and his date of rank was established as 3 March 2007.

2.  The applicant's DA Form 5074-1-R, dated 5 April 2008, shows the following in Part I (Constructive Service Credit):

   a.  Section A (Credit for Basic Qualifying Degree), he was awarded a Bachelor of Science degree in Nursing from Georgia State University on 6 January 2006 and zero credit was awarded;

	b.  Section B (Credit for Advanced Education Beyond Basic Qualifying Degree) is blank and zero credit was awarded;

	c.  Section C (Credit for Post Baccalaureate Education) is blank and zero credit was awarded;

	d.  Section D (Credit for Professional Experience), he was licensed as a Registered Nurse (RN) from 22 February 2006 to 26 February 2008 and 1 year, 0 months, and 2 days of credit was awarded; and

3.  The applicant's DA Form 5074-1-R, dated 5 April 2008, shows in Part III (Computation of Entry Grade and Date of Rank) that he was awarded 1 year, 0 months, and 2 days of total constructive credit and for total entry grade.

4.  In support of his application, the applicant provides his MSN Diploma and Official Transcript from Duke University that show he completed the requirements for an MSN and was awarded the degree of MSN on 30 December 2008.

5.  In connection with the processing of this case, an advisory opinion was obtained from the Army Reserve Nurse Program Manager, Health Services Directorate, U.S. Army Recruiting Command (USAREC), Fort Knox, KY.  On 12 August 2009, this USAREC official provided the results of his review of the documents furnished by the applicant in support of his application to correct the constructive credit awarded him upon appointment as a Reserve commissioned officer of the Army Nurse Corps.

	a.  The advisory opinion states, after a careful review, it has been determined that the constructive credit originally awarded to the applicant on 5 March 2008 is accurate.
   b.  The advisory opinion added that the degree for credit in question was obtained post awarding of constructive credit and, therefore, denied.

6.  On 17 August 2009, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond to its contents.  To date, no response has been received.

7.  DOD Instruction Number 6000.13 (Medical Manpower and Personnel) prescribes policy and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.

	a.  Paragraph 6 (Procedures), subparagraph 6.1 (Entry Grade Credit), 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 credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.

	b.  Subparagraph 6.1.2 (Constructive Service Credit) states that this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as a officer in a health profession with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree and serve for the period of time it would take to obtain the additional education.

	c.  Section 6.1.2.1 provides that periods of time spent on active duty or in an active status as a commissioned officer may not be counted when computing constructive service credit, except as in subparagraph 6.1.1.3.  (Subparagraph 6.1.1 (Prior commissioned service credit) governs credit for prior service as a commissioned officer (other than as a commissioned warrant officer) and section 6.1.1.3 falls under the purview of prior commissioned service credit.)

	d.  Subsection 6.1.2.2.2 provides that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate.

	e.  Subsection 6.1.2.2.5 provides that credit of one-half for each year of experience, up to a maximum of 3 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 is creditable.

8.  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.  Paragraph 3-2 (Determination of entry grade for officers not ordered to active duty) provides the criteria for determining the grade of Reserve Component officers without concurrent call to active duty.  This document shows that an individual granted entry-grade credit of less than 3 years will be appointed in the rank of 2LT.  This document also shows that authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show he was granted 3 years and 2 days of constructive credit upon entry in the USAR because he was awarded an MSN degree in December 2008.

2.  Records show the applicant was granted 1 year, 0 months, and 2 days of "years of service in an active status" upon appointment as a Reserve commissioned officer in the rank of 2LT effective 5 March 2008 and his 2LT date of rank was adjusted to 3 March 2007.  Records also show that an official review of the applicant's qualifying education, professional training, and experience was completed on 5 April 2008 that confirmed as correct that he was authorized a total of 1 year, 0 months, and 2 days of total constructive credit for entry-grade credit.

3.  On 19 August 2009, a further review of the applicant's constructive credit confirmed he was awarded credit of one-half for each year of experience as a health professional and it was determined that the 1 year, 0 months, and 2 days of constructive credit originally awarded to the applicant on 5 March 2008 was accurate.  In addition, it was also confirmed that the applicant's MSN degree was obtained subsequent to the awarding of his constructive credit and, more importantly, subsequent to his entry in the USAR.  As a result, the applicant is not entitled to correction of his records to show additional constructive credit upon entry in the USAR.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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.



      _____________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)                                         AR20090007151



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007151



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1