IN THE CASE OF:
BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20090016177
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, award of additional constructive service credit (CSC) for her prior commissioned service as a nurse to apply toward her present rank as a Medical Corps (MC) officer.
2. The applicant states, in effect, she served in the U.S. Army Reserve (USAR), Army Nurse Corps (ANC) for almost 6 years. She understood she was to be given CSC for this time.
3. The applicant provides copies of her 1998 and 2008 Appointment Memoranda, Chronological Statement of Retirement Points, Officer Record Brief, 2003 promotion memorandum, DA Form 2-1 (Personnel Qualification Record Part II), DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers), Statement for Enlistment package, and active duty orders.
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 submits a copy of her DA Form 5074-1-R, dated 2 March 1998, that shows she was awarded a diploma in Nursing in May 1996. The form also shows she was awarded 9 months and 12 days for professional work experience from 10 July 1996 to 2 March 1998 and qualified for excess credit required for grade.
3. The applicants military records show she was appointed in the USAR, ANC, as a second lieutenant, effective 2 March 1998, with 9 months and 12 days of CSC. She was promoted to first lieutenant effective 19 May 1999 and she was promoted to captain effective 12 August 2003.
4. The applicant was appointed in the USAR, MC, as a captain, effective 5 April 2008, with 4 years of CSC.
5. The applicant was ordered to active duty to fulfill an active Army requirement. She entered on active duty as a captain with a date of rank of 11 June 2008.
6. In an advisory opinion, dated 18 May 2010, the Program Manager, Graduate Medical Education Division, Office of The Surgeon General, Falls Church, Virginia, stated the applicant provided additional information that was not provided when the original DA Form 5074-R calculation was made upon her entry onto active duty as a MC officer. The additional information indicated time spent in the ANC, USAR from 1998 to 2004 (6 years, 8 months, and 19 days). Department of Defense Instruction 6000.13 was the governing Directive. Paragraph 6.1.1.2 stated Service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, should be awarded one-half day of credit for each day served in the cases of individuals seeking an original appointment as a health profession officer. Based on the additional information, it was recommended the applicant be granted an additional 3 years, 2 months, and 7 days of credit towards her date of rank.
7. The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 18 May 2010. She did not respond.
8. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department (AMEDD) Branches), prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the AMEDD. This regulation provides officers appointed in the MC with 4 years or more, but less than 14 years CSC, will be appointed in the grade of captain. The years of excess credit from that applied to the entry grade will be used to adjust the officer's date of rank within the appointed grade.
DISCUSSION AND CONCLUSIONS:
1. In view of the facts in this case, the applicant is entitled to correction of her records to show she was awarded an additional 3 years, 2 months, and 7 days of CSC at the time of her appointment in the USAR, MC, on 5 April 2008, for a total of 7 years, 2 months, and 7 days of CSC. The applicant was eligible for CSC for her prior service time as an ANC USAR officer from 1998 to 2004.
2. The applicant entered on active duty with an adjusted date of rank for captain of 11 June 2008. Based on award of an additional 3 years, 2 months, and 7 days CSC, the applicant is also entitled to an adjusted date of rank for captain to 4 April 2005.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 showing the individual concerned was appointed in the USAR, MC, as a captain,
effective 5 April 2008, with 7 years, 2 months, and 7 days CSC; and applying
3 years, 2 months, and 7 days of credit towards her date of rank for captain of 11 June 2008, for an adjusted date of rank for captain of 4 April 2005.
_______ _ _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) AR20090016177
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