IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120000031 


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 that she be awarded additional constructive credit.  She requests, in effect, that her date of rank (DOR) to captain (CPT) be adjusted from 7 January 2008 to 26 March 2005.  

2.  The applicant states:

* according to her calculation, she was not awarded the correct amount of constructive credit when she came on active duty Army on 7 January 2011
* she believes she was not awarded the maximum constructive credits for her education (Associate, Bachelor and Master degrees)
* she had 12 years of experience as a Certified Registered Nurse Anesthetist (CRNA) and 3 years of experience as a Registered Nurse prior to becoming a CRNA
* she has 8 years of time in grade as a captain
* she believes she was given the same amount of constructive credit in January 2011 as she was given when she joined the Army Reserve in 2003
* she was led to believe that her DOR was not going to change prior to coming on active duty
* in March 2011 she discovered a document in her record which shows her new DOR
* she has a total of 16 years of service in the military
* she believes the DA Form  5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)) dated 2010 needs to be reviewed

3.  The applicant provides:

* AHRC-MSL-N Orders B-04-500671, dated 21 April 2005, promoting her to captain
* DA Forms 5074-1-R, dated 26 March 2003 and 10 December 2010
* Appointment Memorandum, dated 16 March 2003
* DA Form 4037 (Officer Record Brief)
* DA Form 4037-E (Officer Record Brief (DA Pam 600-8))
* U.S. Army Human Resources Command (AHRC) Portal Printout
* DA Form 71 (Oath of Office – Military Personnel), dated 7 January 2011
* DA Form 71, dated 16 March 2003
* DA Forms 67-9 (Officer Evaluation Report) for the periods 5 June 2005 through 1 July 2011
* DA Forms 1059 (Service School Academic Evaluation Report), dated 11 June 2004 and 8 September 2011
* DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 15 December 1991, 27 January 2006, 1 December 2007, and 18 August 2009
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 20 April 1993
* AHRC-OPD-RD Orders A-12-034844, dated 20 December 2010
* Orders 188-1315, dated 6 July 2011
* Curriculum Vitae/Résumé
* Copies of her Degrees, Recertification Certificates, Registration Certificates, and Diplomas
* AHRC-OPD-RD Orders A-12-034844, dated 20 December 2010
* Email correspondence between her and Army officials
* AHRC Soldier Management System Assignment, Performance, and Retirement Point Information

CONSIDERATION OF EVIDENCE:

1.  With 12 years, 1 month, and 15 days of prior enlisted service in the Regular Air Force, Air Force Reserve, and Air Force National Guard, the applicant accepted an appointment on 16 March 2003, as a first lieutenant, in the U.S. Army Reserve, Army Nurse Corps.

2.  On 26 March 2003, AHRC assessed the applicant for award of constructive service credit.  The DA Form 5074-1-R that AHRC completed shows she was awarded the following service credits for her degrees, education, experience, and prior active commissioned service:

* Bachelor of Science in Nursing granted on 2 August 1996 – 0 credit
* Masters of Science in Nursing for the period 1 October 1996 through 5 June 1999 – 2 years of credit
* Post Baccalaureate Education – 0 credit
* Professional Work Experience – 3 years of credit
* Prior Active Commissioned Service – 0 credit
* Total Constructive Credit – 5 years of credit

3.  The applicant was promoted to captain, effective 24 March 2005.

4.  On 10 December 2010, AHRC assessed the applicant for appointment on active duty.  She was credited with service which qualifies her for her current grade, captain.

5.  On 20 December 2010, AHRC published Orders A-12-034844 ordering the applicant to active duty in a voluntary indefinite status, effective 17 January 2011. She was assigned to Walter Reed Army Medical Center, Washington, DC, as a Nurse Anesthetist.  Her orders state that she was appointed in the Reserve grade of captain and would be placed on the Active Duty List (ADL) in the grade of captain with her date of rank to be adjusted in accordance with Army Regulation “624-100.”  The applicant reported for active duty early.  She executed her Oath of Office and was placed on the ADL on 7 January 2011.

6.  During the processing of this case, an advisory opinion was obtained from the AHRC Chief, Officer Promotions who states that the applicant's current adjusted DOR of 7 January 2008 is valid.  The applicant's DOR was completed based on Health Services Proponent prepared DA 5074-1-R, dated 10 December 2010 and the active DOR rule established in Army Regulation 600-8-29 (Officer Promotions), paragraph 1-43b, dated 25 March 2005, which states that if an officer tendered a new original appointment in conjunction with being ordered to active duty, the grade will be determined as prescribed in Army Regulation           135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).  As such, the active DOR will be determined by backdating from the date of placement on the ADL by a period equal to the number of days by which the entry grade credit awarded exceeds the promotion phase point in the competitive category that established the entry grade.

7.  The AHRC Chief, Officer Promotions states that Department of Defense Instruction Number 1312.3, 21 October 1996 (Service Credit for Commissioned Officers), chapter 4, requires that the award of service credit to every person appointed, assigned, or designate as a commissioned officer and a officer category shall be equitably determined to establish an appropriate appointment grade and DOR relative to other officers in the same competitive category.

8.  The AHRC Chief, Officer Promotions states, because the applicant didn't change branches based upon her reappointment, Army Regulation 135-101,        chapter 1-3(A)(1) requires commissioned officers of any Reserve Component of the Army to serve satisfactorily in the specialty which they are applying for an appointment under either (1) or (2) below, whichever selection would result in a higher grade or greater promotion service on the date of appointment.

	a.  In the grade currently held if service in the specialty for which applying.

	b.  In the highest grade for which they can fully qualify by education and experience, gained after becoming professionally qualified.

9.  A copy of the advisory opinion was forwarded to the applicant.  She responded by submitting copies of the documents she previously provided.

10.  Army Regulation 600-8-29, paragraph 1-43c, states if an officer is ordered to active duty and placed on the ADL in the Reserve grade currently held (without a concurrent new original appointment), the adjusted DOR will be the effective date of placement on the ADL backdated by either 3 years or the period calculated under paragraph 1-39b, whichever is less.

11.  The applicant provides copies of documents contained in her official military personnel record, which include, but are not limited to Officer Evaluation Reports, Academic Evaluation Reports, Degrees, Diplomas, Orders, Email, Separation Documents, and her résumé as evidence of her accomplishments and her desire for an adjustment of her DOR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  Her supporting evidence has been considered.

2.  The evidence shows that the applicant was awarded 5 years of constructive service credit when she accepted her appointment in the USAR, based on her education and professional experience.

3.  She was ordered to active duty in a voluntary indefinite status, effective 17 January 2011.  She executed her Oath of Office and was placed on the ADL on 7 January 2011.

4.  The applicant was ordered to active duty and placed on the ADL in the Reserve grade she held at the time.  In accordance with the applicable regulation, her adjusted DOR is the effective date of placement on the ADL backdated by 3 years.  Her adjusted DOR is 7 January 2008.

5.  The applicant has not shown that she is authorized any additional constructive service credit for which she has not already been awarded or that her current DOR is incorrect.  In view of the foregoing, her request should be denied.

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)                                         AR20120000031





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ABCMR Record of Proceedings (cont)                                         AR20120000031



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