IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110014722 


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 adjustment of his rank and/or date of rank based on prior service and constructive service credit.  

2.  The applicant states he should receive constructive service credit for 15 years of civilian executive level experience.  He further indicates he left active duty in the grade of major with 2 years and 4 months time in grade, after serving 12 years and 4 months of military service.  He claims that during his recruitment to return to active duty he was informed by USA Recruiting Command (USAREC) Army Medical Department (AMEDD) officials that all constructive service credit would be awarded only after the oath of office and accession onto active duty and would be determined by a special board at USA Human Resources Command (HRC).

3.  The applicant provides a packet with documents submitted to HRC with the supporting documents identified and electronic mail (email) messages between HRC and AMEDD USAREC officials in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he was appointed a second lieutenant in the Army Nurse Corps (ANC), U.S. Army Reserve (USAR) on 26 September 1983, and entered active duty in that status on 20 October 1993.  He was promoted to major in Regular Army (RA) on 1 December 1993, and continued serving on active duty until being honorably discharged on 1 March 1996.  


2.  On 5 April 2010, the applicant reentered active duty as a major in the ANC under the highest grade held provisions of the regulation.  

3.  On 21 October 2011, HRC published Orders Number 294-002 containing the grade determination made on the applicant which established his major date of rank as 31 December 2007.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the USAREC AMEDD Active Duty Nurse Program Manager.  This official stated the applicant was board selected for the ANC on 17 November 2009 in the grade of major under highest grade held provisions based on the highest grade he held upon his departure from the military.  He further indicated HRC may calculate and adjust his date of rank; however, USAREC may not.  

5.  On 24 October 2011, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond to or rebut its contents.  To date, he has failed to reply.

6.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) prescribes the policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  

7.  Chapter 3 of the same regulation provides guidance on grade determinations and states, in pertinent part, that the grade upon original appointment in the AMEDD will be determined by the number of years of entry-grade credit awarded and will be recorded on a DA Form 5074-R (Record of Award of Entry-Grade Credit – Medical and Dental Officers) and that the form will be forwarded to HRC for DOR determinations.  The entry grade of MAJ is authorized for members awarded 14 years or more but less than 21 years of entry-grade credit.  The regulation further stipulates that the grade and DOR upon appointment (as well as promotion procedures and criteria for such persons) will be determined in accordance with laws and regulations in effect on the date of appointment.  

8.  Army policy provides that grade and date of rank upon original appointment and assignment 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 granted will be the sum of constructive service credit and credit for prior active commissioned service.  



9.  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 provides guidance on awarding entry grade credit and states, in pertinent part, 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.  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.  

10.  Paragraph 6.1.1 provides guidance on awarding prior commissioned service credit.  It states, in pertinent part, that credit for prior service as a commissioned officer (other than as a commissioned warrant officer) shall be granted to recognize previous commissioned experience, while maintaining cognizance of the level of professional knowledge, skill, and experience required at specific rank levels of each health profession.  It further stipulates that the Secretaries shall establish procedures to ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner.  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 or Lieutenant Commander.  The Commander, U.S. Army Military Personnel Center, now HRC, will make date of rank determinations for members appointed based on highest grade held.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DOR should be adjusted to account for his prior active duty service and civilian executive level experience has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, entry-grade credit of 14 or more years but less than 21 years supports an entry grade of MAJ.  The governing policy also stipulates 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 MAJ.  

3.  The evidence of record confirms the applicant was awarded the entry grade 
of MAJ as a result of it being the highest grade he held, not as a result of constructive service credit, in accordance with the existing laws and regulations.  

4.  The evidence further shows the applicant’s entry grade was properly established by the appropriate USAREC medical accession officials and that his DOR was properly determined and established as 21 December 2007 by HRC in accordance with the applicable regulation and governing DODI policy.  As a result, absent any evidence of an error or injustice related to his entry grade and/or the HRC date of rank determination, there is an insufficient evidentiary basis to grant the 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)                                         AR20110014722



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ABCMR Record of Proceedings (cont)                                         AR20110014722



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