IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20090021066 


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 correction of his records by adjusting his 3 July 2009 date of rank (DOR) as a major (MAJ)/pay grade O-4 in the U.S. Army Reserve (USAR) by:

	a.  awarding him service credit for his time in grade (TIG) while serving as a MAJ in the Regular Army (RA) in area of concentration (AOC) 66F (Nurse Anesthetist) during the period 1 December 1998 through 23 January 2003, a total of 4 years, 1 month, and 23 days; and

	b.  awarding him constructive service credit in recognition of his civilian work experience as a Certified Registered Nurse Anesthetist (CRNA) during the period 24 January 2003 through 2 July 2009, a total of 6 years, 5 months, and 9 days.

2.  He states, in effect, although he was accessed into the USAR in the rank of MAJ based upon the highest grade he held during his RA service, his DOR in the Reserve (DORRES) was not adjusted to account for his prior service as a MAJ or his civilian work experience subsequent to his discharge from the RA.  He also states he holds a Master's of Health Science degree, is a CRNA, and has worked in that specialty field from the time of his honorable discharge to accession into the USAR.  He continues to work as a CRNA at Madigan Army Medical Center located on Fort Lewis, WA.

3.  He provides the following documents in support of his request:

	a.  a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 15 July 2009;

	b.  a DD Form 214 (Certificate of Release or Discharge from Active Duty); and

	c.  two reassignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he received a Bachelor of Science degree in nursing on 19 December 1986.

2.  On 27 March 1987, he was appointed in the Army Nurse Corps in the rank/pay grade of second lieutenant/pay grade O-1.  He served in positions of increasing responsibility and was promoted with the following DOR's:

* 17 October 1989 to first lieutenant/O-2
* 1 November 1991 to captain/O-3
* 1 December 1998 to MAJ/O-4

3.  On 23 January 2003, he was honorably discharged from the RA.  At the time of his discharge his:

* basic branch was Army Nurse
* AOC was 66F
* rank/pay grade was MAJ/O-4
* DOR to MAJ was 1 December 1998
* TIG as a MAJ was 4 years, 1 month, and 23 days

4.  On 2 February 2009, he submitted an application for assignment to a Healthcare Professional Mobilization Augmentation Program position within the Western Regional Medical Command/Northwest area of responsibility.

5.  On 1 June 2009, he applied for direct appointment as a commissioned officer in the USAR Army Nurse Corps in AOC 66F.  He was subsequently selected by an Army Medical Department (AMEDD) Accession Board in AOC 66F for appointment in highest grade previously held without concurrent call to active duty.

6.  On 3 July 2009, the Chief of the Reserve Appointments Branch, U.S. Army Human Resources Command (HRC), St. Louis, MO, informed him he was appointed as a Reserve commissioned officer of the Army effective on his acceptance in the rank of MAJ based upon the highest grade he previously held. 
His date of acceptance, effective date, and DOR were established as 3 July 2009.  However, he was also advised his DOR was to be adjusted at a later date.

7.  On 15 July 2009, the applicant was issued a DA Form 5074-1-R depicting his date of appointment as a MAJ in the Army Nurse Corps of the USAR in AOC 66F as 3 July 2009 based upon his highest grade previously held.  This form did not grant him any constructive service credit.

8.  On 25 August 2009, HRC published Orders C-08-915524 which released him from USAR Control Group (Reinforcement) and reassigned him to U.S. Army Medical Department (AMEDD) Activity Alaska effective 19 August 2009.  His DORRES was shown as 3 July 2009 on these orders.

9.  On 12 May 2010, an advisory opinion was rendered by the USAR and National Guard Nurse Program Manager, Medical Recruiting Brigade, U.S. Army Recruiting Command, Fort Knox, KY.  The advisory official recommended approval of adjusting his DORRES by awarding him credit for his active duty service in the rank of MAJ during the period 1 December 1998 through 23 January 2003, a total of 4 years, 1 month, and 23 days of TIG.

10.  The advisory official recommended disapproval of his request to receive constructive service credit for his civilian work experience during the period 24 January 2003 through 2 July 2009 due to the fact he was board-selected for USAR Army Nurse Corps on 23 June 2009 in the grade of MAJ as highest grade held.  Therefore, he does not meet any of the conditions to receive constructive credit for prior civilian work experience in accordance with the provisions of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches).

11.  He was provided a copy of this advisory opinion and afforded an opportunity to submit a response.  He did not provide a response.

12.  A review of the integrated Total Army Personnel Database maintained by HRC revealed his DORRES was corrected on 27 January 2010 (subsequent to his application to the Army Board for Correction of Military Records, dated 10 November 2009) by changing it from 3 July 2009 to 9 May 2005 based upon his 4 years, 1 month, and 23 days of TIG as a MAJ while serving on active duty prior to his discharge.

13.  On 19 February 2010, HRC published Orders C-02-002688 which reassigned him to the U.S. AMEDD Activity, Fort Carson, CO, effective 22 February 2010.  His DORRES was shown as 9 May 2005 on these orders.

14.  Department of Defense Instruction (DODI) 6000.13, paragraph 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.  The constructive credit limitations set forth in this instruction are based on Title 10, U.S. Code, section 12207.

15.  DODI 6000.13, paragraph 6.1.2 (Constructive Service Credit), states this credit provides a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as an 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.

16.  DODI 6000.13 (Medical Manpower and Personnel), paragraph 6.2.2, states that a former Regular or Reserve commissioned officer may, if otherwise qualified, be appointed or reappointed as a Reserve officer.  If so appointed, he or she may be credited with service in grade equal to that held by that person when discharged or separated for determining date of rank under Title 10, U.S. Code, section 741(d).

17.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for initial appointment in the Reserve Components of the Army, in the six branches of the AMEDD, with or without a concurrent call to active duty.  General provisions for entry-grade determination specify that entry-grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Constructive credit for professional experience and advanced (not basic qualifying) degrees is awarded on a basis of 1/2 year of credit per year of experience with a total of 6 years credit possible in unusual cases.  The maximum entry-grade credit for AMEDD officers is normally 14 years, commensurate with appointment as a MAJ.  A basic principle provides that no period of time may be counted more than once.  Entry-grade credit is used only to determine entry rank and date of rank, which controls TIG and promotion eligibility.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected by adjusting his 3 July 2009 DOR as a MAJ in the USAR by:
	a.  awarding him 4 years, 1 month, and 23 days of service credit for his TIG while serving as a MAJ in the RA in AOC 66F; and

	b.  awarding him 6 years, 5 months, and 9 days of constructive service credit in recognition of his civilian work experience as a CRNA during the period between his discharge and his appointment in the USAR.

2.  The maximum entry-grade credit for AMEDD officers is normally 14 years, commensurate with appointment as a MAJ.  The evidence shows he was appointed as a MAJ upon his entry in the USAR on 3 July 2009.  Therefore, he was awarded the maximum credit allowed without appearance before a special accession board.

3.  The evidence shows HRC corrected his DORRES on 27 January 2010 by changing it from 3 July 2009 to 9 May 2005 based upon his entire 4 years, 1 month, and 23 days of TIG as a MAJ while serving on active duty prior to his discharge.  Therefore, he is not entitled to additional credit based upon his previous TIG as a MAJ.

4.  DODI 6000.13 clearly states constructive service credit is only awarded to officers at the time they begin their commissioned service as an AMEDD officer.  The intent is to ensure they begin their military careers with a grade and date of rank comparable to that attained by officers who begin commissioned service after getting a baccalaureate degree.

5.  The evidence shows he was given constructive service credit for his professional education and experience during his initial period of service.

6.  DODI 6000.13 and Title 10, U.S. Code, section 12207, are very clear that constructive service credit is awarded to officers who begin commissioned service.  DODI 6000.13 and Title 10, U.S. Code, section  12207, do not contain any provisions for awarding additional constructive service credit to AMEDD officers who have completed additional professional education or experience after the officers have been initially commissioned.  Therefore, an AMEDD officer who was discharged and subsequently returns to military service in the same AOC is not entitled to constructive service credit for civilian work experience gained following his discharge.

7.  In view of the foregoing, there is no basis for granting the applicant's request for constructive service credit for his civilian work experience as a CRNA during the period between his discharge and his appointment in the USAR.

8.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  He did not submit any 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.



      __________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)                                         AR20090021066



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ABCMR Record of Proceedings (cont)                                         AR20090021066



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