IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009 

		DOCKET NUMBER:  AR20090016390 


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 that he be awarded constructive credit for his master's degree and civilian nursing experience.  He also requests that be advanced to the rank of first lieutenant.

2.  The applicant states that he has been constantly denied constructive credit for his nursing experience and master's degree by the U. S. Army Human Resources Command (HRC).  He also states the primary reason given for the denial is that he was an Army Enlisted Commissioning Program (AECP) graduate.  Additionally, he states that the HRC thought his nursing experience was in another country. 

3.  The applicant provides an Illinois Registered Nursing License, Bachelor’s Degree in Nursing transcript from the Philippine Women's University, credentialing evaluation report, web based printout showing inactive Illinois license status, web based Indiana licensing information, employment verification letter, Valparaiso University transcripts, order to active duty, and other basic information on other officers for comparison purposes in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army on 1 June 2004.  He was awarded the military occupational specialty of health care specialist and served continuously by reenlistments until he was commissioned a second lieutenant in the Regular Army, Army Nurse Corps (ANC).
2.  The applicant's military records contain a copy of his Valparaiso University transcripts, dated 25 February 2009, that shows he was conferred a Master of Science in Nursing on 19 December 2008.

3.  The applicant provided a letter from the Brentwood Sub-Acute Healthcare Center, Burbank, IL which indicates he was a full-time employee of that Center from 29 April 2002 through 25 April 2004.

4.  A search of the applicant's records show that he was appointed in the Regular Army, ANC, as a second lieutenant, effective 5 January 2009.  His records show a date of rank of 5 January 2009 with no evidence that he was awarded any constructive credit for either civilian education or licensed nurses work experience.

5.  A search of the applicant's military records did not contain a DA Form
5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)).

6.  In the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, U. S. Army Recruiting Command (USAREC).  USAREC stated that the university from which the applicant received his Bachelor's of Science Degree was not an accredited university.  Therefore, in accordance with Department of Defense Instruction (DoDI) 6000.13, this degree was not recognized by the Secretary of Education.  This official stated that the applicant was board selected for the Army Medical Department (AMEDD) Enlisted Commissioning Program on 22 August 2006.  He graduated with a Master's Degree in Nursing on 19 December 2008.  This official stated that his master's degree is his basic qualifying degree for the Regular Army, ANC; therefore, constructive credit cannot be awarded for his master's degree.

7.  The USAREC official continued by explaining how work experience credit is earned for full-time work up to a maximum of 3 years credit.  The official attached a DA Form 5074-1-R, dated 27 October 2009 which shows that based on the applicant's date of licensure (6 August 2002) and dates of employment (29 April 2002 through 25 April 2004) the recommendation is that he be awarded
10 months and 10 days of constructive credit for licensed nurse work experience.

8.  The applicant was provided a copy of the advisory opinion for comment.  In response to the advisory opinion, he submitted copies of transcripts for his Bachelor of Science and Masters in Nursing, plus documents related to his initial Registered Nurses License in the states of Indiana and Illinois.  He stated that his Bachelor of Science was properly evaluated and transferred over course-by-course by a national credentialing agency.  
9.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officer for Assignment to AMEDD Branches) provides policy, procedures, and eligibility criteria for the appointment of reserve commissioned officers for assignment to Army medical branches.  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.  The term “accredited,” as used in this regulation, means the meeting of formal academic requirements by a college, university, or institution in one of the United States, District of Columbia, Puerto Rico, or a US territory. This determination is made by an association or agency recognized for its specialized accreditation of schools and programs by the US Secretary of Education and acceptable to The Surgeon General.  Accreditation must be in effect on the actual date an applicant’s professional degree/diploma was awarded.  Individuals may be granted one-half year of credit for each year of experience up to a maximum of three years of credit.  Constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree.  The entry grade of officers with entry grade credit of less than 3 years will be second lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded constructive credit for his master's degree and civilian nursing experience.  He also contends that he should be advanced to the rank of first lieutenant.

2.  Since the applicant's bachelor's in nursing training was at a non-accredited school per Army Regulation 135-101 he is not entitled to constructive service credit for this training.  As such, it was appropriate to use his Masters in Nursing as his basic qualifying degree for his initial appointment in the ANC and not grant constructive service credit for his Master's Degree in Nursing.

3.  The DA Form 5074-1-R shows 10 months and 10 days of recommended constructive credit for the applicant's work experience.  However, there is no available evidence indicating he performed duties as a registered nurse while employed at the Brentwood Sub-Acute Healthcare Center, or if he did, for what period of time.  As such, it would not be appropriate to grant any constructive service credit for work experience. 

4.  The applicant contends that he should have been appointed in a higher grade than second lieutenant.  However, in accordance with regulatory guidance, entry grade credit of less than 3 years provides the entry grade of second lieutenant.  Therefore, evidence indicates he was correctly appointed in the grade of second lieutenant.
5.  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)                                         AR20090016390



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ABCMR Record of Proceedings (cont)                                         AR20090016390



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