IN THE CASE OF:	 

		BOARD DATE:	18 June 2013

		DOCKET NUMBER:  AR20120014975


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, in effect, adjustment of her date of rank (DOR), based on an improper calculation of her Prior Commissioned Service Credit (PCSC).

2.  The applicant states:

* her original DOR to the rank of captain (CPT) was 1 May 2005
* she was selected for the Funded Nurse Education Program (FNEP) and began the program on 10 December 2007
* as a condition of the program, she transferred branches to the Army Nurse Corps (ANC) after she received her nursing degree on 30 August 2009
* her DOR was then recalculated
* before her DOR was adjusted, she was selected for promotion to the rank of major (MAJ)
* after the U.S. Army Human Resources Command (HRC) adjusted her DOR, it determined she was ineligible for promotion to MAJ and reduced her back to CPT
* her DOR was then established as 22 October 2008, which she contends was incorrectly calculated
* in accordance with (IAW) Military Personnel (MILPER) Message 07-198 and the response to her previously-filed congressional inquiry, her DOR should have been calculated IAW DOD Instruction (DODI) 6000.13  (Military Manpower and Personnel) and DODI 1312.03 (Service Credit for Commissioned Officers)
* IAW DOD Instruction 6000.13, paragraph 6.1.1.2, she was awarded one half day of credit for every day of active duty served (not in the specialty to which appointed)
* HRC awarded her one half day credit for all of her prior service until        30 August 2009, the date she graduated from the nursing program
* paragraph 6.1.1.3 states she should have been given day-for-day credit for the time she was in her nursing program, because she was on active duty and participating in an educational program in a specialty for which constructive service credit (CSC) is awarded
* she should have been given half-day credit for her service up to              10 December 2007, when she started nursing school, then day-for-day credit from that point on, until she finished nursing school
* this calculates to 3 years, 1 month, and 28 days for her service up through 9 December 2007, then 1 year, 8 months, and 20 days for her service while in nursing school – a total of 4 years, 10 months, and 18 days of entry grade credit rather than the 4 years and 8 days she was granted  

3.  The applicant provides the following evidence in support of her request:  

* DA Form 71 (Oath of Office – Military Personnel)
* Order Number 105-031, issued by HRC, Alexandria, VA, dated 15 April 2005
* MILPER Message 07-131 (Announcement of the ANC FNEP)
* MILPER Message 07-198 (Selection Board Results for the 17 July 2007 FNEP)
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 4 May 2010
* HRC Form 100a (Computation of DOR), dated 8 May 2010
* an extract from the Fiscal Year (FY) 2010 MAJ, Army Medical Department (AMEDD) Selection Board Results, released on 28 July 2010
* a promotion memorandum from HRC, announcing her promotion to the rank of MAJ, effective 1 Mach 2011
* Order Number 058-106, issued by HRC, Fort Knox, KY, dated                 28 February 2012
* a letter from HRC to her Member of Congress, dated 21 March 2012
* DA Form 4037 (Officer Record Brief (ORB))

CONSIDERATION OF EVIDENCE:

1.  On 2 November 2001, after prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army, in the rank/grade of second lieutenant (2LT)/O-1, in the Corps of Engineers.

2.  On 22 January 2002, she entered active duty, attended, and completed the Engineer Officer Basic Course.  On or about 22 June 2002, she reported for duty at Fort Carson, CO.

3.  On 22 July 2003, she was promoted to the rank/grade of first lieutenant (1LT)/O-2, and on 1 May 2005, she was promoted to the rank/grade of CPT/O-3. 

4.  On or about 10 December 2007, she began her participation in the FNEP.  

5.  On or about 30 August 2009, she was awarded a Bachelor of Science degree in Nursing, from Grand Canyon University, Phoenix, AZ.

6.  Subsequent to her completion of the Army FNEP, she was appointed as a commissioned officer in the ANC, in the rank/grade of CPT/O-3.  

7.  On 4 May 2010, a DA Form 5074-1-R was completed, wherein the applicant was awarded 4 years and 8 days of PCSC, based on her previous commissioned service during the period 15 August 2001 through 30 August 2009.  (It is unclear why 15 August 2001 was used to establish the beginning of the period for which she was awarded PCSC, as she did not accept her initial appointment until         2 November 2001, although her ORB does show her basic date of appointment as 15 August 2001.)

8.  After being awarded 4 years and 8 days of PCSC, her adjusted DOR was determined to be 22 October 2008.  

9.  On 28 July 2010, the results of the FY2010 MAJ, AMEDD Selection Board were released.  The board selected her for promotion to the rank of MAJ.

10.  On 1 March 2011, she was promoted to the rank/grade of MAJ/O-4.

11.  Order Number 058-106, issued by HRC, dated 28 February 2012, revoked her promotion to the rank of MAJ and granted her de facto status.

12.  On 21 March 2012, the Chief, Promotions Branch, HRC, responded to a congressional inquiry filed on behalf of the applicant, wherein he stated:

* the applicant was selected to participate in the FNEP on 2 August 2007
* she was informed she would be reappointed in the ANC upon her graduation, and her reappointment would be in accordance with DOD Instructions (DODI) 6000.13
* she was informed that upon her graduation and successful completion of the National Counsel Licensure Examination for Registered Nurses, CSC would be given to determine her entry grade credit upon reappointment
* since her DOR was not initially adjusted to reflect her reappointment in the ANC and subsequent PCSC, she was erroneously considered and selected by the FY10 MAJ, AMEDD Selection Board
* prior to her promotion to MAJ, her DOR to CPT was adjusted by HRC to 22 October 2008, based on a review of her records and the PCSC awarded by the U.S. Army Recruiting Command (USAREC)
* after a later review, it was determined she did not meet the eligibility criteria for consideration – accordingly, her promotion orders were revoked and she was granted de facto status for time served

13.  On 26 April 2013, in the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Program Manager, USAREC, who recommended disapproval of her request for DOR adjustment.  This official further stated:

* the applicant was awarded PCSC for her previous commissioned service during the period 15 August 2001 through 30 August 2009
* she was awarded one half day per day credit in accordance with DODI 6000.13
* her rank and PCSC calculations were completed in accordance with regulatory requirements
* she is not entitled to day-for-day credit for time spent in the FNEP, since her nursing degree is the entry level qualifying degree for the ANC, and not an advanced degree

14.  On 8 May 2013, she was furnished with a copy of the advisory opinion; however, she did not respond.  

15.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to AMEDD Branches) prescribes the policies, procedures and eligibility criteria for appointment in the Reserve component of the Army within the six branches of the AMEDD.  This regulation specifies 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.  Individuals appointed in the Army Nurse Corps may receive two years constructive service credit for a master's degree in nursing.  No credit is authorized for a bachelor's degree in nursing (emphasis added).  

16.  DODI 1312.03, dated 6 October 2006, is not applicable to commissioned officers serving in the health professions.
17.  DODI 6000.13, dated 30 June 1997, implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  

	a.  Paragraph 6.1 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 CSC and PCSC (other than as a commissioned warrant officer), except in cases where the total exceeds the maximum credit allowed.  A period of time shall be counted only once when computing entry grade credit.  

	b.  Paragraph 6.1.1 (PCSC) states credit for prior service as a commissioned officer (other than commissioned warrant officer) shall be granted to recognize previous commissioned experience.  It states the Secretaries shall establish procedures that ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner. 

	c.  Paragraph 6.1.1.2 states service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

	d.  Paragraph 6.1.1.3 states commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which CSC is awarded (emphasis added), shall be awarded day-for-day credit for service performed.  However, CSC may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category (emphasis added).

	e.  Paragraph 6.1.2 (CSC) states CSC 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.  CSC shall be determined according to the following guidelines:

		(1)  Paragraph 6.1.2.1 states periods of time spent on active duty or in an active status as a commissioned officer may not be counted when computing CSC, except as in sub-paragraph 6.1.1.3 above (emphasis added).
		(2)  Paragraph 6.1.2.2 states CSC shall be awarded as follows:

		(a)  6.1.2.2.1.  Four years of constructive service credit shall be granted for completion of first professional degrees that include medical (M.D.), osteopathy (D.O.), dental (D.D.S. or D.M.D.), optometry (O.D.), podiatry (Pod.D. or D.P.), veterinary (D.V.M.), and pharmacy (Ph.D.).

		(b)  6.1.2.2.2.  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 two years for a master’s degree and up to four years for a doctorate.  Credit may not include time spent in attainment of baccalaureate or other lower degrees.  No additional credit may be given for more than one advanced degree in a single field, or closely related field.  The total credit allowed for having both a master’s and a doctorate degree may not exceed the maximum allowed for a doctorate.

		(c)  6.1.2.2.3.  The additional degree must add adjunctive skills to the primary specialty and must contribute directly to performance in the anticipated position in the Military Service concerned.

		(d)  6.1.2.2.4.  Year-for-year credit shall be granted for the successful completion of internship, residency, fellowship or equivalent graduate medical, dental, or other formal professional training (i.e., clinical psychology internship or dietetic internship, etc.) required by the Military Service concerned.  Training must be approved by the appropriate accrediting agency, and may not exceed that required for certification in the specialty.  Day-for-day credit shall be awarded for approved programs of less than one year in duration.

		(e)  6.1.2.2.5.  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.

		(f)  6.1.2.2.6.  Additional credit in unusual cases, based on special education or experience, can be granted by the Secretary of a Military Department, or designee.  As determined by Service needs, the additional credit applies to individuals with unique qualifications that are beyond normal requirements for appointment as commissioned officers.  The amount of credit shall be one year for each year of special education or experience.  Maximum credit under subparagraph 6.1.2.2.5 above, must be earned before earning any experience credit under this paragraph.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DOR should be adjusted because her CSC was improperly calculated following her reappointment in the ANC.  She contends that IAW DODI 6000.13, paragraph 6.1.1.3, she should have received day-for-day credit for the time she spent obtaining her nursing degree, because she was on active duty and participating in an educational program in a specialty for which CSC is awarded.  

2.  DODI 6000.13, paragraph 6.1.1.3, provides that commissioned service on active duty or in an active status, while participating in an educational program leading to appointment in a specialty in which CSC is awarded, shall be awarded day-for-day credit for service performed.  However, CSC may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular officer category.  

3.  DODI 6000.13, paragraph 6.1.2 governs the award of CSC.  None of its sub-paragraphs authorize the awarding of CSC for completion of a Bachelor of Science degree in Nursing, the qualifying degree necessary for appointment in the ANC.  Accordingly, paragraph 6.1.1.3 is not applicable in her case.

4.  It appears from all available evidence that she was awarded the maximum allowable PCSC for her prior commissioned service, including her time spent in the FNEP.  It further appears her DOR adjustment following her reappointment in the ANC was proper and equitable, and without error or injustice.

5.  In view of the circumstances in this case, the applicant is not entitled to award of additional constructive service credit and an adjustment of her DOR.

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)                                         AR20080009306



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ABCMR Record of Proceedings (cont)                                         AR20120014975



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