IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100012927 


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 he be awarded additional constructive credit for his professional experience. 

2.  The applicant states:

* he has been a registered nurse (RN) for nearly 3 years
* he recently applied and was accepted into the Army's Nurse Anesthesia Program as a direct commissioned officer
* he was given 11 months and 22 days of constructive credit for professional experience because that was the equivalent of the experience he had when he submitted his application for the program
* that was over 1 year ago and he should receive constructive credit for the entire time he was practicing as a RN instead of only the time before he submitted his application
* he has 34 months of nursing experience (4 June 2007 to 14 March 2010), but only received constructive credit for less than 24 months of experience

3.  The applicant provides:

* active duty orders
* amendment orders
* transcript
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers))
* nursing license verification statement
* DA Form 71 (Oath of Office – Military Personnel)
* DA Form 61 (Application for Appointment)

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 61 shows he obtained his Bachelor of Science in Nursing degree on 20 May 2007.

2.  A DA Form 5074-1-R, dated 31 August 2009, shows the applicant received 11 months and 22 days of constructive credit for professional experience for the period 18 June 2007 to 2 June 2009.  He provided a nursing license verification statement which shows he was issued an RN license on 18 June 2007.

3.  The applicant was appointed as a second lieutenant in the Regular Army Nurse Corps on 15 March 2010.  He was ordered to active duty on 15 March 2010 to fulfill his active-duty requirement in a voluntary indefinite status.

4.  In the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, U.S. Army Recruiting Command (USAREC).  The advisory opinion recommends disapproval of the applicant's request.  The opinion points out:

* the applicant was board selected for Regular Army Nurse Corps on 2 June 2009 in the grade of second lieutenant with 11 months and 22 days of constructive credit for RN work experience
* he did not meet any of the conditions to receive constructive credit for prior commissioned service
* RN work experience is earned for full-time employment from the date of initial licensure up to the board selection date at a ratio of 1:2 days, up to a maximum of 3 years of credit
* the applicant states he has 34 months of RN experience from 4 June 2007 to 14 March 2010; however, he cannot receive work experience credit after being boarded on 2 June 2009 per Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches)

5.  On 19 April 2010, the advisory opinion was furnished to the applicant for his review and possible rebuttal.  The applicant responded and stated:

* he reviewed the advisory opinion and agreed with all of it except for the sentence, "2LT [applicant's last name] states that he has 34 months of RN experience from 4 June 2007 to 14 March 2010; however, he cannot receive work experience credit after being boarded on 2 June 2009 per Army Regulation 135-101"
* he does not see how Army Regulation 135-101 applies to his case since he is not Army National Guard or U.S. Army Reserve
* his nursing experience did not stop with his board date of 2 June 2009
* he was only conditionally accepted into the Army on that date pending his acceptance into the Nurse Anesthesia Program at Northeastern University
* he did not become active duty until 15 March 2010
* from 2 June 2009 until 15 March 2010 he was still a civilian and, therefore, he believes his work experience for that time period should count toward his constructive credit

6.  Further clarification provided by the USAREC Active Duty Nurse Program Manager revealed:

* Army Regulation 135-101 is the correct regulation, despite the fact the applicant is a Regular Army officer
* prior to 2005, all officers from USAREC were accessed as U.S. Army Reserve officers going to active duty
* since 2005, all officers are now accessed as Regular Army officers
* the regulations have not been updated; therefore, USAREC must continue to use Army Regulation 135-101 as the governing regulation
* it is office policy that all constructive credit run through the board start date
* there is no regulation governing this, only policy

7.  On 13 July 2010, the USAREC clarification was provided to the applicant for his review and possible rebuttal.  The applicant responded and stated he had no additional comments.

8.  Army Regulation 135-101 provides policy for the appointment of Reserve commissioned officers for assignment to Army medical branches.  Chapter 3 provides that grade and date of rank upon original appointment and assignment to an Army Medical Department branch will be determined by the number of years of entry-grade credit awarded.  Except as limited by maximum credit limits, entry-grade credit granted will be the sum of constructive service credit and the credit for prior active commissioned service.  Additional credit may be granted in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable (Army Nurse officers are granted one-half year for each year of education or experience up to a maximum of 3 years of credit).



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he has 34 months of RN experience from 4 June 2007 to 14 March 2010, but he only received constructive credit for professional experience from June 2007 to June 2009.

2.  The evidence of record shows the applicant was board-selected for Regular Army Nurse Corps on 2 June 2009 in the grade of second lieutenant with 11 months and 22 days of constructive credit for RN work experience for the period 18 June 2007 to 2 June 2009.

3.  The advisory opinion states it is office policy that all constructive service credit is awarded up to the selection board date.  As a result, the applicant cannot receive work experience credit after being boarded on 2 June 2009.  Although this may seem unfair to the applicant, since the rules are applied to all officers being appointed there is no inequity.  Therefore, there is no basis for granting the applicant's request for additional constructive credit.

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)                                         AR20100012927



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ABCMR Record of Proceedings (cont)                                         AR20100012927



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