IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090014189
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 constructive service credit for completion of civilian work experience as a registered nurse for 5 months from the beginning of March to the end of July 2008.
2. The applicant states that he did not receive service credit for his work experience prior to entering active duty.
3. The applicant provides, in support of his application, copies of his civilian employment pay statements and an email communication stating that he was employed with Skyline Medical Center as a registered nurse.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a second lieutenant, Army Nurse Corps.
2. On 3 September 1997, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 91W (Health Care Specialist). He was released from active duty on
20 December 2003 and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade
E-5, and had completed 6 years, 3 months and 18 days of creditable active duty service.
3. On 8 January 2004, the applicant enlisted in the Tennessee Army National Guard, as a Reserve of the Army, and in the pay grade of E-5. On 19 September 2005, he was honorably discharged.
4. On 10 January 2006, the applicant enlisted in the USAR for 8 years and for the Army Nurse Candidate Program in the pay grade of E-5.
5. On 24 July 2008, the applicant was appointed as a second lieutenant, in the Army Nurse Corps, with concurrent call to active duty. He was subsequently assigned to William Beaumont Army Medical Center, Fort Bliss, Texas.
6. In the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, The Medical Recruiting Brigade, Fort Knox, Kentucky. The opinion stated that the applicant had been board selected for the Regular Army Nurse Corps on 16 November 2005 in the rank of second lieutenant, pay grade O-1, with no constructive credit awarded for registered nurse work experience because he did not meet any of the conditions for receiving constructive credit for prior commissioned service. The opinion recommended denial of the applicant's request.
7. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond in the given time frame.
8. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides, in pertinent part, for constructive service credit for registered nurses. Table 3-1 of this regulation provides constructive credit of 1/2 year for each year of education or experience up to a maximum of 3 years credit. Experience of 1/2 year or less does not earn any constructive credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should receive constructive service credit for his 5 months of work experience.
2. The governing regulation clearly states that no constructive credit will be awarded for less than 1/2 year of education or work experience.
3. In view of the above, the applicantÂ’s request should not be granted.
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) AR20090014189
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ABCMR Record of Proceedings (cont) AR20090014189
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