IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20100029779 


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 recalculation of his active date of rank (DOR) as a captain (CPT) in the Army Nurse Corps (ANC).

2.  He states that he entered active duty (AD) on 1 December 2008 as a CPT with a DOR of 8 April 2008.  He was given 7 months and 24 days of constructive credit towards his AD DOR as a CPT.  He was promoted to CPT in the U.S. Army Reserve (USAR) on 8 April 2008, but feel he should have been given additional constructive credit due to his USAR and AD periods of duty.  He recently deployed in support of Operation Enduring Freedom (OEF).  While downrange, the officer in charge looked at his record and suggested that he request a recalculation of his AD DOR (constructive credit not calculated correctly).

3.  He provides:

* his 2007 Bachelor of Science in Nursing (BSN) degree
* his CPT promotion orders, dated 29 May 2008
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 September 2008
* his AD orders, dated 24 November 2008
* a DA Form 71 (Oath of Office), dated 1 December 2008
* a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), prepared on 22 January 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army in an enlisted status from
28 February 1979 through 28 July 1983.  

2.  His record contains an Application for Appointment he completed on 27 August 2002.  The form shows he was awarded an Associate in Applied Science in Nursing degree on 29 June 2002 and he was pursuing a Bachelor of Science in Nursing (BSN).

3.  He was appointed in the USAR, ANC, as a second lieutenant on 27 November 2002 with zero constructive credit.

4.  His record contains a DA Form 5074-1-R, dated 6 March 2003, showing he was awarded the following:

* Zero credit for Associate Degree in Nursing
* Zero credit for Advanced Education Beyond Basic Qualifying Degree
* Zero credit for Post Baccalaureate Education
* Zero credit for Professional Experience - no inclusive dates listed
* Zero credit for Prior Active Commissioned Service Credit - no inclusive dates listed

5.  He was promoted to first lieutenant on 26 November 2004.

6.  He provided a copy of his BSN degree awarded on 24 May 2007.

7.  He entered AD on 13 September 2007 in support of OEF.

8.  He was promoted to CPT in the USAR on 8 April 2008.

9.  He was honorably released from AD on 1 September 2008, for completion of required service, and he was transferred to a Reserve unit.

10.  He was again ordered to AD to fulfill an active Army requirement with a reporting date of 28 April 2009.  The orders stated, “Eff on the date of entry on AD, you are appointed in the Res grd of CPT and placed on the ADL (AD List) in the grd of CPT IAW (in accordance with) AR (Army Regulation) 135-101.

11.  He completed a DA Form 71 appointing him in the Regular Army, ANC, as a CPT, on 1 December 2008.

12.  His record contains and he provided a copy of a DA Form 5074-1-R, dated 22 January 2009, showing he was awarded the following:

* Zero credit for a BSN degree
* Zero credit for Advanced Education Beyond Basic Qualifying Degree
* Zero credit for Post Baccalaureate Education
* Zero credit for Professional Experience  - inclusive dates from 1 August 2002 to 11 September 2007
* Zero credit for Prior Active Commissioned Service Credit - inclusive dates from 27 November 2002 through 22 September 2008
* Qualified to enter AD at CGH (Current Grade Held):  CPT

13.  Order Number 064-003, issued the U.S. Army Human Resources Command, Alexandria, VA, dated 5 March 2009, announced his appointment on AD in the rank of CPT with an ADOR (active DOR) of 8 April 2008.

14.  DODI 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1 states 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant originally was appointed in the USAR, ANC, on 27 November 2002, with zero constructive credit, in accordance with Army Regulation 135-101.  He was promoted to CPT on 8 April 2008.  He entered on AD to fulfill an active duty requirement on 28 April 2009.  His ADOR for CPT was determined to be 8 April 2008.

2.  The evidence also shows his promotion to CPT occurred while he was in the USAR with an effective date and DOR of 8 April 2008.  His contentions have been noted; however, he was not given a new appointment when he entered on AD; therefore, he was not entitled to constructive service credit.

3.  There are no provisions for award of constructive credit for a BSN and, commissioned service and professional experience completed after initial appointment.  It appears he was awarded the correct amount of constructive credit at the time of his original appointment in November 2002.
4.  There is no evidence of record and he provided none to show his ADOR for CPT of 8 April 2008 was miscalculated.

5.  In view of the above, 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)                                         AR20100029779



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ABCMR Record of Proceedings (cont)                                         AR20100029779



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