BOARD DATE:	 17 June 2010 

		DOCKET NUMBER:  AR20100013664 


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 her records to show she was granted constructive credit upon entry in the U.S. Army.

2.  The applicant states she had one year of experience as a telemetry nurse and was advised that constructive credit was available. 

	a.  She states she entered military service in July 2009 and thought her application was complete.  However, she was recently informed that the paperwork for constructive credit was never turned in to the proper authority.

	b.  She states that she dealt with four different individuals in her local Army Medical Department recruiting office and her constructive credit paperwork was apparently misplaced.

	c.  She would like her records corrected to show constructive credit for the time she worked as a registered nurse prior to entering the Army Nurse Corps.

3.  The applicant provides copies of an email message and her compensation history.

CONSIDERATION OF EVIDENCE:

1.  A DA Form 61 (Application for Appointment), dated 30 April 2008, shows in:

	a.  item 21 (Civilian Education) the applicant was attending Winston-Salem University and pursuing a Bachelor of Science in Nursing degree with a projected graduation date of 10 May 2008; and

	b.  item 40 (Main Civilian Employment) that she was employed as a Nurse Aide I from 1 August 2006 to the [then] present.

2.  A DA Form 71 (Oath of Office - Military Personnel) shows the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT)/pay grade O-1 effective 29 May 2008.

3.  A DA Form 71 shows the applicant was appointed as a Regular Army (RA) commissioned officer in the Army Nurse Corps (ANC) in the rank of 2LT (O-1) effective 11 July 2009.

4.  The applicant's DA Form 5074-1-R (Record of Award of Entry Grade Credit - Health Services Officers) shows in:

	a.  Part I (Constructive Service Credit), Section A (Credit for Basic Qualifying Degree) she was awarded a Bachelor of Science degree in Nursing from Winston-Salem University on 10 May 2008 and zero credit was awarded;

	b.  Section D (Credit for Professional Experience) that it is blank and zero credit was awarded;

	c.  Part III (Computation of Entry Grade and Date of Rank) that she was awarded zero constructive credit and zero total entry grade credit for which she qualified (i.e., 2LT/O-1); and

	d.  in Part IV (Authentication) that the document was approved by the Chief, Human Resources Administration Team, on 19 June 2009.

5.  U.S. Army Human Resources Command (USAHRC), St. Louis, MO, Orders A-06-917684, dated 22 June 2009, ordered the applicant to active duty in the rank of 2LT on 14 July 2009.  The additional instructions state, in pertinent part, "[e]ffective on the date of entry on active duty, you are appointed in the Reserve Grade of 2LT and placed on the active duty list in the grade of 2LT in accordance with Army Regulation 135-101 [Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches]."  Her date of rank was to be adjusted based on constructive credit of 0 years, 0 months, and 0 days.

6.  In support of her application, the applicant provides the following documents:
	a.  An email message, dated 20 April 2010, from Major Tykise L. H-------, Career Manager, USAHRC, Alexandria, VA, subject:  Constructive credit.  She states, "[y]ou unfortunately were not awarded constructive credit upon your initial appointment in the ANC.  If you feel this is an error you must go through the ABCMR process since you already [are] on AD [active duty].

	b.  An online PeopleSoft Compensation History (https://onlinenovanthealth.org) pertaining to the applicant that shows she was hired on 23 August 2006, was promoted on 20 July 2008, her job title was Registered Nurse, she was working in the 6th West Telemetry - Diabetic Department, and her current payroll status as "Leave With Pay."

7.  In connection with the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, Health Services Directorate, U.S. Army Recruiting Command (USAREC), Fort Knox, KY.  On 
30 April 2010, this USAREC official provided the results of her review of the documents furnished by the applicant in support of her application to correct the constructive credit awarded her upon appointment as a RA commissioned officer of the ANC.

	a.  The advisory official recommends disapproval of the applicant's request for an adjustment to her entry grade constructive credit.

	b.  The advisory opinion states the applicant was board selected for RA ANC on 20 May 2008 in the grade of 2LT with 0 years, 0 months, and 0 days constructive credit awarded for RN work experience.  She did not meet any of the conditions to receive constructive credit for prior commissioned service.

	c.  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 credit.

	d.  The applicant cannot receive work experience credit after being boarded on 20 May 2008 because she did not obtain her RN license until 15 July 2008.
 
8.  On 4 May 2010, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond to its contents.

	a.  The applicant provided copies of her two oaths of office and also cites Army Regulation 135-101, chapter 1 (General), paragraph 1-3, in support of her argument.

	b.  She states she was board selected on 20 May 2008 and appointed as a Reserve commissioned officer on 24 May 2008 prior to obtaining her RN license on 15 July 2008.

	c.  She states she was appointed as an active duty commissioned officer on 11 July 2009, at which time she had completed a year as a civilian step down telemetry nurse.  Therefore, her occupational experience should be taken into consideration for constructive credit.

9.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army in the six branches of the Army Medical Department.

	a.  Chapter 1, paragraph 1-3 (Personnel eligible and grade on appointment), provides that commissioned officers of any Reserve Component (RC) of the Army who have served satisfactorily in the specialty for which they are applying may be appointed and/or called to active duty under either (1) or (2) below, whichever selection would result in a higher grade or greater promotion service on the date of appointment.

	    (1)  In the grade currently held if serving in the specialty for which applying.  

	    (2)  In the highest grade for which they can qualify by education and experience, gained after becoming professionally qualified.  This is indicated in chapter 3.

	b.  Chapter 3 (Grade Determination), paragraph 3-2 (Determination of entry grade for officers not ordered to active duty), provides the criteria for determining the grade of RC officers without concurrent call to active duty.  This document shows that an individual granted entry-grade credit of less than 3 years will be appointed in the rank of 2LT.  This document also shows that authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade.

10.  DOD Instruction Number 6000.13 (Medical Manpower and Personnel) prescribes policy and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.

	a.  Paragraph 6 (Procedures), subparagraph 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.

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

	c.  Subsection 6.1.2.2.5 provides that credit of one-half for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience as a health professional.  Only full-time work experience as a licensed registered nurse through the nurse selection board is creditable [emphasis added].

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be awarded at least 1 year of constructive credit because she had completed a year as a civilian step down telemetry nurse before being appointed as an RA commissioned officer.

2.  The applicant was board selected for RA ANC on 20 May 2008 in the grade of 2LT with zero constructive credit awarded for RN work experience.  At that time, she did not meet any of the conditions to receive constructive credit for prior commissioned service.

3.  The applicant obtained her RN license on 15 July 2008 and entered active duty on 11 July 2009.  However, her original appointment was on 24 May 2008, at which time she did not yet have her RN license.

4.  The governing regulatory policy is clear that only full-time work experience as a licensed RN through the nurse selection board is creditable.  Therefore, the evidence of record fails to support the applicant's claim to constructive credit based on full-time work experience.



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)                                         AR20100013664



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ABCMR Record of Proceedings (cont)                                         AR20100013664



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