BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028125 


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
2 years of constructive credit upon entry on active duty in the Regular Army (RA).

2.  The applicant states she entered active duty (AD) on 8 January 2009 in the rank of captain (CPT)/pay grade O-3 with a date of rank (DOR) of 8 January 2009.  She should have received constructive credit of at least 2 years for her master's degree and specialized professional experience resulting in a DOR of
8 January 2007.

3.  The applicant provides copies of her diploma and college transcripts, active duty orders, and relevant regulations and directives.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable active duty enlisted service in the U.S. Air Force from 12 November 1982 through 15 February 1984.

2.  A DA Form 61 (Application for Appointment), dated 5 January 2000, shows in:

	a.  Item 21 (Civilian Education) the applicant was:

* granted a Bachelor of Arts Degree in Political Science from the University of South Carolina, Columbia, SC, on 7 May 1989
* granted an Associate of Science Degree in Nursing from Gulf Coast Community College, Panama City, FL, on 5 May 1995
* granted a Bachelor of Science Degree in Nursing from the University of South Florida, Tampa, FL, on 7 August 1998
* pursuing a Master of Science Degree as a Nurse Practitioner at the University of South Florida, Tampa, FL, and she was scheduled to graduate on 30 May 2000

   b.  Item 37 (Applicants for Army Nurse Corps and Army Medical Specialist Corps Only) shows the State of Florida granted her a nursing registration number on 21 June 1995.

3.  A University of South Florida transcript shows the applicant entered the graduate program on 24 August 1998 for the Fall 1998 term, had earned 47 total credit hours after completing the Spring 2000 term, and was awarded her Master of Science Degree in Nursing on 5 May 2000.

4.  U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated 
15 February 2000, appointed the applicant as a Reserve commissioned officer in primary specialty skill identifier (SSI) 66H (Medical - Surgical Nurse) in the rank of first lieutenant (1LT)/pay grade O-2 effective upon her acceptance and execution of an oath of office.  It also shows the applicant was granted
"2 years of service in an active status."

5.  A DA Form 71 shows the applicant was appointed as a Reserve commissioned officer in the rank of 1LT/O-2 on 15 February 2000.

6.  U.S. Army Human Resources Command (USA HRC), St. Louis, MO, Orders B-05-501939, dated 13 May 2005, promoted the applicant to CPT (O-3) in the U.S. Army Reserve (USAR) effective and with a DOR of 2 March 2005.

7.  USA HRC, St. Louis, MO, Orders D-09-621040, dated 11 September 2006, honorably discharged the applicant from the USAR effective 6 September 2006.

8.  A DA Form 71 shows the applicant was appointed as an RA commissioned officer, in the Army Nurse Corps (ANC), in the rank of CPT/O-3 on 8 January 2009.

9.  USA HRC, St. Louis, MO, Orders A-01-900903, dated 8 January 2009, ordered the applicant to active duty in the RA in the rank of CPT/O-3 on
11 January 2009 to fulfill her active duty requirement in a voluntary indefinite status.  The additional instructions show the applicant was placed on the active duty list (ADL) in the rank of CPT/O-3 and that her DOR would be adjusted based on the current Reserve grade held.  The adjusted DOR was to be determined after entry on active duty.
10.  A DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 16 January 2009, pertaining to the applicant shows in:

   a.  Part I (Constructive Service Credit), section A (Credit for Basic Qualifying Degree), she was granted a Bachelor of Science Degree in Nursing from the University of South Florida, on 7 August 1998;

   b.  Part I, section B (Credit for Advanced Education Beyond Basic Qualifying Degree), she was granted a Master of Science Degree in Nursing from the University of South Florida, on 5 May 2000;
   
   c.  Part I, section D (Credit for Professional Experience), she held an "ARNP Florida License" from 31 July 1995 to 18 November 2008;

   d.  Part II (Prior Active Commissioned Service Credit) she served in the USAR in SSI 66H (ANC) from 3 March 2000 through 6 September 2006;

   e.  Part III (Computation of Entry Grade and Date of Rank), item 30 (Grade for Which Credit Qualifies), the highest grade she held was CPT/O-3 and that her entry grade is limited per Army Regulation (AR) 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army) or AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches); and

   f.  Part IV (Authentication) that the document was signed by the preparing and approving officials on 16 January 2009.

11.  USA HRC, Alexandria, VA, Order Number 093-002, dated 3 April 2009, announced the applicant's promotion status and shows her active DOR (ADOR) for CPT was established as 8 January 2009.

12.  In support of her application, the applicant provides the following documents:

   a.  Her Master of Science Diploma in Nursing, college transcripts, and active duty orders that were previously summarized in this Record of Proceedings.

   b.  AR 601-100 that prescribes policy, eligibility requirements, and administrative procedures for the appointment of commissioned and warrant officers in the RA.  The applicant highlighted paragraph 2-4 (Determination of Appointment Grade), subparagraph c, that shows Army Medical Department (AMEDD) officers appointed in the RA will have their grades and DORs determined in accordance with (IAW) AR 135-101.
   
   c.  AR 135-101 that prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components (RC) of the Army, in the six branches of the AMEDD.  The applicant highlighted:

       (1)  Paragraph 3-3 (Determination of Entry Grade for Officers Ordered to Active Duty) that shows the criteria for determining the grade of RC officers ordered to active duty in an AMEDD corps will be updated at least annually and published in the DA Circular 601 series for the appropriate corps.  Authorized credit in excess of the minimum required for appointment to the appropriate grade in that circular will be used to adjust the DOR within that grade.

       (2)  Table 3-1 (Constructive Service Credit):

       		(a)  Rule 4 that shows credit is authorized for additional advanced degrees that add adjunctive skills to primary specialty and must contribute directly to performance in anticipated duty position.  Credit is awarded based on full-time equivalent education up to 24 months for a master's degree or up to
36 months for a doctorate (i.e., one year of credit for each year or school year limited by level of degree).

       		(b)  Rule 6 that shows additional credit is authorized 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 (i.e., one year of credit for each year of special experience and ½ year for each year of education or experience up to a maximum of 3 years credit).

   d.  Department of Defense Instruction (DoDI) Number 6000.13 (Medical Manpower and Personnel) that implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  The applicant highlighted:

       (1)  Paragraph 6.1 (Entry Grade Credit) that shows 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.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise.

       (2)  Subparagraph 6.1.1.1 that shows service on AD or in an active status as a commissioned officer in any of the Uniformed Services, in the corps or professional specialty in which being appointed, shall be credited on a day-for-day basis with any commissioned service performed before such appointment.

       (3)  Paragraph 6.1.2 (Constructive Service Credit) that shows constructive service 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 DOR 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.

       (4)  Subparagraph 6.1.2.2.2 provides that credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education of up to 2 years for a master's degree and up to 4 years for a doctorate.

       (5)  Subparagraph 6.1.2.2.5 provides that credit of 1/2 year for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned.  Creditable experience cannot predate the receipt of licensure, registration, or certification.  Accordingly, volunteer or student status cannot be credited.

       (6)  Paragraph 6.1.3 (Maximum Entry Grade Credit) provides that the total entry grade credit granted shall be no more than that required for an officer to be eligible for an original appointment in the grade of major (O-4) or lieutenant colonel (O-5).
   
       (7)  Paragraph 6.2 (Entry Grade), subparagraph 6.2.2.2, provides that a former Regular or Reserve commissioned officer may, if otherwise qualified, be appointed or reappointed as a Reserve officer [emphasis added] and, if so appointed, he or she may be credited (for determining DOR) with service in grade equal to that held by that person when discharged or separated.

   e.  Department of Defense Directive (DoDD) Number 1312.3 (Service Credit for Commissioned Officers) that prescribes policy and procedures in the granting of service credit to persons upon appointment, designation, or assignment as Regular commissioned officers.  The applicant highlighted section D (Policy), paragraph 2 (Entry Grade Credit), that shows entry grade and DOR or promotion service credit in grade of a commissioned officer (other than a health professional officer) [emphasis added] shall be determined by the entry grade credit awarded upon appointment.  Credit for prior service as a commissioned officer may not exceed 1 year for each year of active duty commissioned service or commissioned service in an active status.

13.  In connection with the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, U.S. Army Recruiting Command, Fort Knox, KY.  On 5 April 2011, the advisory official rendered an unfavorable opinion on the applicant's request for an adjustment of her entry grade constructive credit.

	a.  The advisory official stated the applicant was board selected for RA ANC in the grade of CPT/O-3 as the highest grade she held.  She was assessed on active duty on 11 January 2009 and her appointment packet included a DA Form 5074-1-R which was forwarded to USA HRC for review.

   b.  The applicant was previously awarded constructive credit for her master's degree when she entered the USAR on 2 March 2005 in the grade of 1LT/O-2.

   c.  She was selected for reappointment within the same branch and, therefore, her entry grade was correctly assigned as CPT/O-3 based on the highest grade held IAW DoDI 6000.13, paragraph 6.1.

14.  On 6 April 2011, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.

15.  On 12 April 2011, the applicant provided her response expressing her disagreement with the advisory opinion.

   a.  She noted that the advisory opinion stating, "[s]he has previously been awarded the rank for her master's degree when she entered the [RC] on 2 March 2005" is incorrect because:

       (1)  She entered the RC in March 2000 and she was granted the rank of 1LT based on her bachelor's degree and years of specialized experience as a Registered Nurse;

       (2)  She did not have a masters' degree when she was commissioned in the USAR in March 2000;

       (3)  She was awarded her master's degree in May 2000;

       (4)  She was promoted to CPT in the USAR on 2 March 2005 based on time in grade;

       (5)  She entered AD on 11 January 2009 as a CPT in the ANC with an ADOR of 11 January 2009, despite the fact that she had served as a CPT in the USAR since March 2005; and

       (6)  She has never received any constructive credit for her master's degree.

   b.  She states she should have received at least 2 years of constructive credit, which should have effectively given her an ADOR for CPT of 2 years earlier than the date of her entry on AD.

   c.  She adds that she is aware of two other ANC officers whose education, professional experiences, and USAR service parallel hers and they received
2 and 4 years of constructive service, respectively.  As a result, they are eligible for selection board consideration much sooner than the 5-6 year time in grade requirement for promotion to major.

16.  AR 135-101, paragraph 1-3 (Personnel Eligible and Grade on Appointment), provides that a commissioned officer of any RC of the Army who has served satisfactorily in the specialty for which he/she is applying may be appointed and/or called to active duty:

   a.  In the grade currently held if serving in the specialty for which applying, or

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

   c.  This paragraph also shows that whichever of the above provisions would result in a higher grade or greater promotion service on the date of appointment is to be utilized.

17.  AR 135-101, paragraph 3-2 (Determination of Entry Grade For Officers Not Ordered To Active Duty), provides that the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry  grade credit awarded with the phase points shown in Table ERR (Entry Grade Table).

   a.  Table ERR shows, in pertinent part:

   Entry Grade Credit							Entry Grade
   less than 3 years							Second Lieutenant (2LT)
   3 years or more, but less than 7 years	1LT
   7 years or more, but less than 14 years	CPT
   b.  Table 3-3 (Credit for Qualifying Degree or Discipline) shows that for a degree of discipline in nursing:

* 0 (no) credit for a baccalaureate level degree
* 2 years credit for a master's level degree
* 4 years credit for a doctorate level degree

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be awarded 2 years of constructive credit for her master's degree and specialized professional experience, and adjustment of her ADOR for CPT to 8 January 2007.

2.  Records show the applicant was granted a bachelor's degree in nursing in August 1998 and a master's degree in nursing in May 2000.

3.  There is no evidence the applicant accrued any special education or professional experience in nursing (specialty 66H) after obtaining her qualifying degree and licensure.

4.  Records show that in January 2000, the applicant submitted information to the U.S. Army pertaining to her civilian education which included information on her (then) impending master's degree in nursing.

5.  Records show the applicant was appointed as a Reserve commissioned officer in SSI 66H in the rank of 1LT/O-2 on 15 February 2000 and that she was granted 2 years of service in an active status [emphasis added].

6.  The evidence of record shows that an individual with a:

   a.  Baccalaureate degree in nursing who enters the USAR is not granted any entry (constructive) credit.

   b.  Master's degree in nursing who enters the USAR is granted 2 years of entry (constructive) credit.

7.  Thus, despite the applicant's contention, the evidence of record clearly shows she realized the benefit of constructive credit for her qualifying (master's) degree by being granted "2 years of service in an active status" when she was appointed as a USAR commissioned officer in the rank of 1LT and, based upon that credit, she was promoted to CPT earlier than she would have been without it.

8.  Records show the applicant was subsequently promoted to CPT in the USAR on 2 March 2005 and she was discharged on 6 September 2006.

9.  AR 601-100 shows that AMEDD officers appointed in the RA will have their grade and DOR determined IAW AR 135-101.

10.  Records show the applicant was appointed as an RA commissioned officer on 8 January 2009 and she was ordered to active duty in the RA in the rank of CPT on 11 January 2009.  Army officials conducted a review of the applicant's civilian education (i.e., basic qualifying degree and advanced education), credit for post baccalaureate education, and prior active commissioned service.  Accordingly, IAW AR 135-101, paragraph 1-3, the applicant was appointed in the rank of CPT based on the highest grade she held with an ADOR of 8 January 2009.

11.  The applicant was not reappointed as a Reserve commissioned officer; she was appointed in the RA.  As such, she was not entitled to entry credit for determining her active [emphasis added] DOR in the RA.

12.  Thus, the applicant is not entitled to an adjustment of her ADOR to CPT. Therefore, in view of all of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100028125



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ABCMR Record of Proceedings (cont)                                         AR20100028125



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