IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110011125 


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 reconsideration of her previously denied request to correct her records to show she was granted 2 years of constructive service credit upon entry on active duty in the Regular Army (RA).

2.  The applicant states her rank was evaluated based on the current grade held guidance but it should have been calculated based on civilian criteria per the program manager at the U.S. Army Recruiting Command (USAREC), Fort Knox, KY.

3.  The applicant provides no new evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100028125, on 7 June 2011.

2.  During the original deliberations in this case the evidence of record and advisory opinion from the Active Duty Nurse Program Manager, USAREC, confirmed the applicant realized the benefit of constructive service credit for her qualifying (masters) degree by being granted 2 years of service in an active status when she was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank/grade of first lieutenant (1LT)/O-2 and, based upon receiving 


said credit, she was promoted to captain (CPT)/O-3 earlier than she would have been without it.  Accordingly, the Board denied the applicant’s request for 2 years of additional constructive service credit.  The applicant did not provide any new evidence; however, she provides a new argument which was not previously reviewed by the Board.  Therefore, it is considered new evidence and warrants consideration by the Board.
 
3.  Having prior honorable active enlisted service in the U.S. Air Force, the applicant further pursued her education and on 5 May 2000 she was awarded a Master of Science Degree in Nursing.

4.  On 15 February 2000, a U.S. Total Army Personnel Command, St. Louis, MO memorandum appointed the applicant as a Reserve commissioned officer in primary Specialty Skill Identifier (SSI) 66H (Medical – Surgical Nurse) in the rank of 1LT effective upon her acceptance and execution of an oath of office.  The memorandum shows she was granted 2 years of service in an active status.  In addition, her record contains a DA Form 71 (Oath of Office – Military Personnel) that shows she was appointed as a Reserve commissioned officer in the rank of 1LT, effective 15 February 2000.

5.  The applicant’s record contains orders that promoted her to CPT/O-3 in the USAR with an effective date and date of rank of 2 March 2005.

6.  Orders D-09-621040, issued by the U.S. Army Human Resources Command (USAHRC), St. Louis, dated 11 September 2006, honorably discharged the applicant from the USAR, effective 6 September 2006.

7.  On 8 January 2009, the applicant executed a DA Form 71 and she was appointed as an RA CPT in the Army Nurse Corps.

8.  Orders A-01-900903, issued by USAHRC, St. Louis, dated 8 January 2009, ordered the applicant to active duty in the RA as a CPT, effective 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 in the rank of CPT and that her date of rank (DOR) would be adjusted based on the current Reserve grade held.  The adjusted DOR was to be determined after entry on active duty.

9.  A DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 16 January 2009, shows in:


	a.  Part I (Constructive Service Credit), section A (Credit for Basic Qualifying Degree), the applicant 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 "Advanced Registered Nurse Practitioner 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 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 rank she held was CPT and entry grade is limited per Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the RA) or Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches); and

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

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

11.  In support of her original application, the applicant provided 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.  Extract of Army Regulation 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 Army Regulation 135-101.


	c.  Extract of Army Regulation 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., 1 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., 1 year of credit for each year of special experience and 1/2 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 rank/grade of major (MAJ)/O-4 or lieutenant colonel (LTC)/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 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) 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.

12.  During the processing of this case, on 18 August 2011, a subsequent advisory opinion was obtained from the Active Duty Nurse Program Manager, USAREC, Fort Knox.  On 18 August 2011, the advisory official rendered a favorable 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 rank/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 that was forwarded to USAHRC for review.

	b.  Her entry grade was assigned as CPT based on the highest grade held in accordance with DoDI 6000.13, paragraph 6.1, but the USAREC ANC PM now believes a calculation as if she was a direct accession should determine her initial rank of entry into the Active component.  The constructive credit was recalculated as if she was a civilian applying to Active component and the calculation equated to 5 years and 6 months.  However, the advisory opinion fails to explain how that calculation would have affected her date of rank as a CPT.

13.  On 23 August 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.

14.  On 29 August 2011, the applicant provided her response that concurred with the new advisory opinion.

15.  Army Regulation 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.

16.  Army Regulation 135-101, paragraph 3-1 (Entry grade credit for Reserve appointment grade determination), states grade and date of rank upon original appointment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit will be the sum of constructive service credit and credit for prior active commissioned service.

17.  Army Regulation 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 3-2 (Computation of Prior Active Commissioned Service Credit) provides for one-half year of credit for each year served in active commissioned service, other than extended on active duty, or commissioned service in an active status, in the specialty in which being appointed for the Army Nurse Corps.

   c.  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’s contention that she should have received constructive credit of at least 2 years for her Master of Nursing degree and specialized experience, 


and that her rank should have been calculated based on civilian criteria per the PM USAREC has been carefully reconsidered.  The Board’s prior decision, the two advisory opinions, and the applicant agree that the applicant entered the Regular Army at the correct rank of CPT.  However, the disagreement centers on the determination of her date of rank at that grade.

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

4.  Records show the applicant was appointed as a Reserve commissioned officer in SSI 66H in the rank 1LT on 15 February 2000 and she was granted
2 years of service in an active status presumably taking into account her impending award of the master’s degree in nursing as no credit could have been awarded based on her bachelor’s degree.

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

6.  Army Regulation 601-100 shows that AMEDD officers appointed in the RA will have their grade and DOR determined in accordance with Army Regulation
135-101.

7.  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.  In accordance with Army Regulation 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.

8.  The advisory opinion rendered in the Board’s first consideration of this case opposed any adjustment in the applicant’s entry grade constructive credit expressly stating the applicant’s entry grade had been properly determined based on her highest grade served, and the applicant had received credit for her master’s degree upon her first appointment.  However, that advisory opinion did not detail or address how the applicant’s date of rank was determined for that 


grade.  The DA Form 5074-1 contained in her record also does not address the issue of her date of rank.  Her date of rank was established as the date of her new original appointment as a Regular Army officer.  It appears Army officials determined the more favorable formula for determining her date of rank was the highest grade served, rather than using the constructive credit calculation.  As there would have been no excess credit beyond that needed to qualify her as a CPT under this formula, her date of rank was her date of appointment.

9.  Notwithstanding the advisory opinion of the PM USAREC, dated 18 August 2011, the applicant had already gained the advantage of 2 years of constructive service 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.  

10.  If the applicant’s grade and date of rank had been determined as proposed by the second advisory opinion, she would have been given credit for only          5 years and 6 months of constructive service.  It does not appear that amount of constructive service would have even allowed her appointment as a CPT, much less with an earlier date of rank.  Given the prohibition against counting a period of time more than once in determining her accession grade, the Army could not have added credit for her prior active commissioned service to her constructive service credit.  The time she served in a commissioned status would have already been used in the calculation of her constructive service credit.  Therefore, there is no basis for granting her 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 to amend the decision of the ABCMR set forth in Docket Number AR20100028125, dated 7 June 2011.



      __________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)                                         AR20110011125



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ABCMR Record of Proceedings (cont)                                         AR20110011125



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