IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100018909 


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 additional constructive credit for his professional experience and post baccalaureate education.

2.  The applicant states, in effect, his records show he has less than one year of nursing experience prior to joining the military when, in fact, he has 3 years, 3 months, and 8 days nursing experience.  He obtained his Registered Nurse (RN) license on 26 September 2006.  His calculated nursing experience prior to joining the U.S. Army Reserve (USAR) resulted in the inaccurate rank of second lieutenant rather than first lieutenant.  He points out Table ERR (Entry Grade Credit) of Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) states the appointment grade of an individual with entry grade credit of 3 years or more, but less than 7 years is first lieutenant.  According to Table 3-5 (Post Baccalaureate Education Credit) of Army Regulation 135-101 he should have received 1/2 year credit for specialty ICU-CCU [Intensive Care Unit –Critical Care Unit] experience and membership with the American Association of Critical Care Nurses resulting in 3 years, 9 months, and 8 days of constructive credit.

3.  He believes the records are inaccurate due to either the ill-familiarity of his USAR recruiter with the processing of new officer recruits or a simple error in his application process.  This error results in a problem for him due to inaccurate rank and pay and future promotions.  He graduated from the STRAP [Specialized Training Assistance Program] and is in the process of transitioning from area of concentration (AOC) 66H (RN medical/surgical) to 66F (nurse anesthetist) as he graduated with a MS [Master of Science degree] in Nurse Anesthesia on 4 June 2010.  He also claims he should receive two more years of constructive credit according to Table 3-5 of Army Regulation 135-101.

4.  He further states at this point he has been commissioned three times.  First as a second lieutenant, he was then called by his recruiter and told he made a mistake and that he should have been commissioned a first lieutenant and needed to be recommissioned.  His recruiter then called him back a third time several months later and told him there had been another error and he needed to be recommissioned as a second lieutenant.  His scroll approval letter has him approved as a first lieutenant.      

5.  The applicant provides:

* Pages 17 and 23 of Army Regulation 135-101
* Texas Nurses Verification Results

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 61 (Application for Appointment) shows he obtained his Bachelor of Science in Health Administration on 15 August 2003 and his Nursing degree on 15 September 2006.

2.  A DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 15 January 2010, shows he received 6 months of constructive credit for post baccalaureate education and he received 2 months and 29 days of constructive credit for professional experience for the period 
2 August 2007 to 31 January 2008.  He provided a nursing license verification statement which shows he was issued a RN license on 26 September 2006.

3.  He was appointed as a second lieutenant in the USAR, Army Nurse Corps on 3 November 2009.  He was promoted to first lieutenant effective 3 August 2010.

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 Reserve Component Army Nurse Corps on 22 September 2009 in the grade of second lieutenant with 8 months and 29 days of constructive credit for RN work experience and board certification credit 
* all constructive credit calculations cease at the time of the board and no proactive credit for future degrees are awarded 
* 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 and 6 months constructive credit for board certification (Critical Care Registered Nurse (CCRN))
* The applicant states he has 3 years, 3 months, and 8 days credit from 
26 September 2006 to joining the USAR; however, he cannot receive work experience after being boarded on 22 September 2009 per Army Regulation 135-101 and his work experience for constructive credit also ended on 31 January 2008 due to the fact he started CRNA [Certified RN Anesthetist] school in the beginning of February 2008 upon which he received STRAP payments
* the DA Form 71 (Oath of Office) provided in his application is not the same form that was faxed to USAREC headquarters on 24 March 2010 which shows his rank is second lieutenant

5.  The advisory opinion was furnished to the applicant for his review and possible rebuttal.  The applicant did not respond within the given time frame.

6.  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).

7.  Table ERR of Army Regulation 135-101 states the appointment grade of an individual with entry grade credit of less than 3 years is second lieutenant; and the appointment grade of an individual with entry grade credit of 3 years or more, but less than 7 years is first lieutenant.  

8.  Table 3-5 (Post Baccalaureate Education Credit) of Army Regulation 135-101 states that credit of 2 years may be granted for completion of a Nurse Anesthesia which is approved by the American Association of Nurse Anesthetists.  The table also states that credit of 1/2 year may be granted for completion of a ICU-CCU which is approved by the American Association of Critical Care Nurses.



9.  Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 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 (as outlined in the DODI) credit except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.

10.  Title 10, U.S. Code, section 533(d)(1) states, in pertinent part, that constructive service may not be credited for education, training, or experience obtained while serving as a commissioned officer on active duty or in an active status. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he has 3 years, 3 months, and 8 days of RN experience prior to joining the USAR (from 26 September 2006 to 3 November 2009, a total of 3 years, 1 month, and 8 days), but he only received constructive credit for professional experience from 2 August 2007 to 31 January 2008 
(2 months and 29 days).  However, the governing regulation states Army Nurse officers are granted one-half year for each year (ratio of 1:2 days) of education or experience up to a maximum of 3 years credit.  Even if his dates of RN experience were correct, he would only have been credited with 1 year, 
6 months, and 19 days.  

2.  He contends he should receive 1/2 year constructive credit for specialty ICU-CCU experience.  However, his DA Form 5074-1-R shows he received 6 months for specialty Critical Care.

3.  He also contends he should receive 2 more years of constructive credit for specialty Nurse Anesthesia (he admits he graduated with a MS on 4 June 2010).  

4.  Evidence shows he was board selected for the Reserve Component Army Nurse Corps on 22 September 2009 in the grade of second lieutenant with a total of 8 months and 29 days of constructive credit for RN work experience (2 months and 29 days) and board certification credit (6 months).


5.  The advisory opinion states all constructive service credit calculations cease at the time of board selection and no credit for future degrees are awarded.  As a result, the applicant cannot receive work experience credit after being boarded on 22 September 2009 and his work experience for constructive credit also ended on 31 January 2008 since he started CRNA school at the beginning of February 2008.  He also cannot receive post baccalaureate education credit after being boarded on 22 September 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)                                         AR20100018909





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018909



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1