IN THE CASE OF:	  

		BOARD DATE:  14 February 2012

		DOCKET NUMBER:  AR20110017390 


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 adjustment in rank or date of rank (DOR) based on being granted constructive credit upon reentering the U.S. Army.

2.  The applicant states she left active duty after 12 years and 3 months of service.  At the time she held the rank/grade of major (MAJ)/O-4 and she had
2 years and 4 [sic] months time in grade (TIG).

	a.  In discussions with representatives of the Army Medical Department (AMEDD) regarding her return to active duty in the Army Nurse Corps (ANC) as a Family Nurse Practitioner, she was informed she would return to active duty with the rank and tenure she acquired prior to leaving the Army in 1996.

	b.  She was also told that, after taking the oath of office, her 14 years of civilian experience at an executive level would be considered and applied for additional tenure by a special review board.  However, this did not happen.

	c.  She was assigned overseas and attempted to resolve the matter both locally and with AMEDD officials at the U.S. Army Human Resources Command (USA HRC).  She was recently advised to apply to the Army Board for Correction of Military Records (ABCMR) regarding the matter.


3.  The applicant provides her Curriculum Vitae, Officer Record Brief (ORB),
DD Form 214 (Certificate of Release or Discharge from Active Duty), promotion orders, DA Form 67-8 (Officer Evaluation Report (OER)), and 39 pages of email.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant in the ANC on 26 September 1983.  She was ordered to active duty on 20 October 1983.

2.  She was promoted to MAJ/O-4 effective and with a DOR of 1 December 1993.

3.  A DD Form 214 shows the applicant was honorably released from active duty on 31 January 1996 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  She completed 12 years, 3 months, and
11 days of net active service.

4.  The applicant was honorably discharged from the USAR on 25 March 1999.

5.  Orders A-03-010033, issued by USA HRC, St. Louis, MO, dated 31 March 2010, ordered the applicant to active duty.  The additional instructions in the orders show the applicant:

	a.  was boarded, selected, and accessed onto active duty with Area of Concentration 66P (Family Nurse Practitioner), ANC;

	b.  was appointed in the rank of MAJ; and

   c.  was placed on the Active Duty List.

6.  These orders also indicate her DOR was to be adjusted based on the highest grade held (to be determined after entry on active duty).

7.  Orders Number 294-002, issued by USA HRC, Fort Knox, KY, dated
21 October 2011, announced the applicant's promotion status and shows she was appointed in the rank of MAJ with an active DOR (ADOR) of 30 January 2008.

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

	a.  Her Curriculum Vitae and ORB that show the applicant's military and civilian professional achievements and credentials.
	b.  An OER that shows the applicant exceeded requirements while serving as a Nurse Practitioner during the period 11 October 1995 to 17 January 1996.

	c.  39 pages of email messages between the applicant and her spouse (also an ANC officer) and AMEDD officials that span the period from 24 April 2010 to 14 May 2011, that [in part] document the unsuccessful efforts to obtain constructive credit toward their rank/DOR subsequent to reentry on active duty.

9.  In connection with the processing of this case, on 2 November 2011, an advisory opinion was obtained from the Active Duty Nurse Program Manager, Health Services Directorate (HSD), U.S. Army Recruiting Command (USAREC), Fort Knox.  On 2 November 2011, the advisory official provided the results of his review of the documents furnished by the applicant in support of her application.

	a.  The advisory official recommends disapproval of the applicant's request for an adjustment to her reentry grade or DOR based on constructive credit.

	b.  The advisory official states the applicant was board selected for Regular Army (RA) ANC on 17 November 2009 in the rank of MAJ, the highest grade held.

	c.  HSD USAREC only calculates the rank based upon the highest grade held at the time of departure from the military.

	d.  If the applicant were to have a rank calculation as "a person directly off the street with no military experience," her rank calculation would be captain with a constructive credit of 5 years and 6 months.

	e.  A review of DOD Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) revealed that the regulatory guidance does not provide for rank credit for the applicant's civilian executive-level experience obtained during her break in service.

10.  On 3 November 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.  She did not respond.

11.  DOD Instruction Number 6000.13 prescribes policy and procedures in granting entry-grade credit to any person appointed, assigned, or designated as a "health professions officer" in the Military Departments.


	a.  Paragraph 6 (Procedures), subparagraph 6.1 (Entry Grade Credit), 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 credit (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.

	b.  Subparagraph 6.1.2 (Constructive Service Credit) states that this 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 date of rank 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be awarded constructive credit toward her rank and/or DOR for MAJ because she completed 14 years of civilian experience at the executive level prior to reentering the U.S. Army.

2.  The applicant was promoted to MAJ on 1 December 1993 and she was honorably REFRAD on 31 January 1996.  At that time, she had 2 years and
2 months TIG.

3.  The applicant was board selected for RA ANC in the rank of MAJ (the highest grade held) and she was ordered to active duty on 31 March 2010.  Based on her prior active service and TIG in the rank of MAJ (i.e., 2 years and 2 months), the applicant's records were corrected to show the rank of MAJ with an ADOR of
30 January 2008.

4.  The evidence of record shows that constructive credit is only applied to the individual's initial entry grade [emphasis added].  The applicant's civilian executive-level experience obtained during her break in service does not qualify for constructive credit.

5.  Therefore, in view 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)                                         AR20110017390



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ABCMR Record of Proceedings (cont)                                         AR20110017390



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