IN THE CASE OF:	  

		BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110022154 


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 his record to have his professional experience credited to his current time in grade or date of rank (DOR).

2.  The applicant further requests that all documents used as evidence in this case, the record of proceedings, and the final determination be mailed to him.

3.  The applicant states: 

	a.  he believes he should have 2 years of professional experience credited to his current time in grade or DOR.  In accordance with (IAW) Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), the 2 years of professional experience would equal 1 year of time in grade or DOR constructive credit.

	b.  Army Regulation 135-101, page 20, paragraph 6 states "Professional experience credit may be calculated from date of graduation from the nursing education program only if or State Board examination is initially passed and the applicant was employed as a professional nurse.  Otherwise, credit for professional experience may be calculated from the date of successful completion of the State board examination."

	c.  Prior to his commission he worked for two years as a professional nurse from the date he initially passed State board examination.  He was 


commissioned in December 2009 through a Reserve Officers’ Training Corps (ROTC) program.  He began working as a Registered Nurse in January 2008 with a temporary license, and passed the State board examination in March 2008.  Therefore, he should have been awarded a higher rank for professional experience.  He was recently awarded an Area of Concentration (AOC) identifier for his 2 years of Critical Care Experience.  He thinks that if the Army is willing to recognize his experience for an identifier, they would also recognize the rank associated with that experience as a professional nurse.

4.  The applicant provides:

* Curriculum Vitae 
* Certification certificate
* 2 DA Forms 71 (Oath of Office - Military Personnel)
* 8 pages of employment data, dated 22 July 2010
* Work history letter, dated 27 July 2010
* Transcripts of Academic Records, Weber State University, dated 
19 November 2010
* Orders Number 140-010, dated 20 May 2011
* Letter from applicant, dated 23 February 2012
* Amended Work history letter, dated 23 February 2012
* Officer Record Brief (ORB), dated 29 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Army National Guard (ARNG) on 23 April 2004 and he held military occupational specialty 13B (Cannon Crewmember). 

2.  On 31 May 2005, he executed a Simultaneous Membership Program (SMP) Agreement in the ARNG.  He commenced his education at Weber State University in or around August 2005.  He graduated with a Bachelor degree in Nursing on 11 December 2009.  

3.  He was honorably discharged from the ARNG on 10 December 2009 to accept an appointment as a commissioned officer. 

4.  He was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 and executed an oath of office on 11 December 2009.  



5.  He was later appointed as a Regular Army 2LT/O-1 and executed an oath of office on 28 December 2009.  He completed the Army Medical Department Basic Officer Leader Course from 30 March to 1 June 2010 at Fort Sam Houston, TX, and was awarded the designated specialty 66H (Medical-Surgical Nurse).  

6.  He was assigned to Walter Reed National Military Medical Center, in Bethesda, MD, as a clinical staff nurse in the intensive care unit, and he was promoted to 1LT with the effective date and DOR of 28 June 2011.

7.  He provided a copy of his curriculum vitae or résumé, which lists his professional, educational, and military experience.

8.  He provided an undated certification for adult critical-care nursing.  This certification expires on 30 September 2012.

9.  He provided a copy of his employment data, dated, 7 July 2010.  His employment data shows he was employed by Intermountain Healthcare, Incorporated, as a Registered Nurse from 14 March 2005 to 21 March 2010.

10.  He provided a letter from the Human Resources Department at Intermountain Medical Center, dated 27 July 2010, which lists his time and job titles as an employee at Intermountain Healthcare.  The letter lists the following dates, job titles and locations:

* 14 March 2005 - 24 February 2007, Laboratory Assistant, Clinical Certified, McKay-Dee Hospital, Laboratory
* 25 February 2007 - 12 January 2008, Licensed Practice Nurse, McKay-Dee Hospital, Float Pool
* 13 January 2008 - 8 March 2008, Registered Nurse - Temporary License, McKay-Dee Hospital, Float Pool
* 9 March 2008 - 3 May 2008, Registered Nurse, McKay-Dee Hospital, Float Pool
* 4 May 2008 - 21 February 2009, Registered Nurse, McKay-Dee Hospital, Intermediate Care
* 22 February 2009 - 21 March 2010, Registered Nurse, Intermountain Medical Center, Intensive Care Unit

11.  He provided a copy of his transcripts from Weber State University, dated 19 November 2010.  His transcripts list his programmed course of study as Bachelor of Science in Nursing.  The transcripts also show he earned a total of 192 credit hours and maintained a grade point average of 3.5.

12.  An advisory opinion was obtained in the processing of this case on 17 February 2012 from an official from the Nurse Division, Headquarters, U.S. Army Cadet Command and Fort Knox, Fort Knox, KY.  The official recommended disapproval of his request and stated:

	a.  The applicant was selected for appointment to the Army Nurse Corps in the Active Component after commissioning as a 2LT, on 11 December 2009, from the Weber State University ROTC Program.  While at Weber State University, the applicant was a non-scholarship SMP cadet with the ARNG.

	b.  Registered Nurse work experience is earned for full-time employment from the date of initial licensure up to the board selection date at a ratio of 1:2 days up to a maximum of 3 years credit IAW Army Regulation 135-101.  The document provided by the applicant (letter from the Human Resources Department at Intermountain Medical Center, dated 27 July 2010) did not equal full-time employment prior to his commissioning date on 11 December 2009.  For this reason favorable recommendation is denied.

13.  On 23 February 2012, he responded to the advisory opinion in writing and provided his ORB and a new letter from the Human Resources Department at Intermountain Medical Center, dated 23 February 2012.  This letter differs from the previous version in that it included the number of hours per week he worked, and made the clarification that Intermountain Healthcare considers 36 hours per week to be full-time employment.  This letter shows:

* 14 March 2005 - 24 February 2007, Laboratory Assistant, Clinical Certified, McKay-Dee Hospital, Laboratory (24 hours per week)
* 25 February 2007 - 12 January 2008, Licensed Practical Nurse, McKay-Dee Hospital, Float Pool (24 hours per week)
* 13 January 2008 - 8 March 2008, Registered Nurse - Temporary License, McKay-Dee Hospital, Float Pool (40 hours per week)
* 9 March 2008 - 3 May 2008, Registered Nurse, McKay-Dee Hospital, Float Pool (36 hours per week)
* 4 May 2008 - 21 February 2009, Registered Nurse, McKay-Dee Hospital, Intermediate Care (36 hours per week)
* 22 February 2009 - 21 March 2010, Registered Nurse, Intermountain Medical Center, Intensive Care Unit (36 hours per week)

14.  His record does not contain a DA Form 5074-1 (Record of Award of Entry Grade Credit (Health Services Officers)).



15.  Army Regulation 135-101 (dated 15 July 1979), chapter 3, paragraph 3–2 (Determination of entry grade for officers not ordered to active duty) states 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 following phase points for entry grade credit:

* Less than 3 years - 2LT/O-1
* 3 years or more, but less than 7 years - 1LT/O-2

16.  Army Regulation 135-101, chapter 3, Table 3-1 (Constructive Credit), states in number 6 that additional credit in unusual cases based on special educational or professional experience in the specialty which assigned when experience is accrued after qualifying degree and licensure, if applicable.  Unusual case determination will be made by the Surgeon General (TSG) or designee.  Experience of 1/2 year or less earns no credit.  1/2 year for each year of education or experience up to a maximum of 3 years credit.  The following notes also pertain:

	a.  Note 2:  Except in unusual cases, no credit will be given for practices outside the States of the United States, District of Columbia, Puerto Rico, or a U.S. Territory.  Periods of full-time practice in Canada are creditable for MC and DC; 

	b.  Note 5:  Credit under this provision will not be given to health professionals solely on the basis of special experiences that are unassociated with an advanced education or advanced professional degrees; and

	c.  Note 6:  Any credit awarded for professional nursing experience will be evaluated by OTSG.  Professional experience credit may be calculated from date of graduation from the nursing education program only if or State board examination is initially passed and the applicant was employed as a professional nurse.  Otherwise, credit for professional experience may be calculated from the date of successful completion of the State board examination.  Experience not as a professional nurse or not exclusively devoted to nursing will be excluded.

17.  DOD Instructions (DODI) 6000.13 (Medical Manpower and Personnel) provides for constructive service credit.  

	a.  Paragraph 6.1.2 states that 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 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.

	b.  Paragraph 6.1.2.2.5 states credit of one-half year for each year of experience, up to a maximum of three 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was enrolled in a non-scholarship ROTC program at Webster State University in May 2005.  He graduated with a Bachelor degree in Nursing on 11 December 2009.  He was appointed as a 2LT in the Army Nurse Corps   on 11 December 2009 and he was subsequently ordered to active duty on        30 December 2009 to fulfill his active duty service obligation.

2.  According to the DODI (which takes precedence over Army Regulation     135-101), a maximum of three 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.

3.  The applicant was a student between August 2005 and December 2009.  As such, any experience gained during this period, regardless of the presence of a license/certification, does not count toward constructive service credit. 

4.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is insufficient to warrant a recommendation for relief.  Therefore, the Board determined 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)                                         AR20110022154





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ABCMR Record of Proceedings (cont)                                         AR20110022154



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