BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20140005782
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 an additional 3 months of constructive service credit.
2. The applicant states that during the recruiting process she was informed that she would be awarded constructive service credit equal to one-half the time she served as a civilian nurse and she worked approximately 10 months as a civilian nurse. However, she was only granted 2 months and 16 days of constructive service credit, 3 months short of what was promised. She also states that while it is only a short amount of time, it has affected her promotions to date and may affect them in the future.
3. The applicant provides copies of her leave and earnings statement, Internal Revenue Service W-2 Form, and Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a Regular Army second lieutenant in the Army Nurse Corps on 1 February 2010 and was granted 2 months and 16 days of constructive service credit for civilian experience.
2. She completed her officer basic course at Fort Sam Houston, Texas, and was transferred to Korea for her first assignment. She was promoted to the rank of first lieutenant on 16 May 2011, completed her overseas tour in Korea, and was transferred to Hawaii. She was promoted to the rank of captain on 1 November 2013.
3. A staff advisory opinion was obtained from the Active Duty Nurse Program Manager of the U.S. Army Recruiting Command in the processing of this case. The advisory opinion stated the applicant's constructive service credit was calculated from the time her experience began (based on a résumé submitted by her at the time showing she began her professional nursing experience on 21 April 2009) until the time the selection board met (on 2 September 2009). The Army Medical Department Board granted her 2 months and 16 days of constructive credit based on the information provided by the applicant. Accordingly, there appears to be no basis to adjust her date of rank. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
4. A review of the documents provided by the applicant failed to show evidence that her civilian experience was greater than she was credited with.
5. Department of Defense Instruction 6000.13 (Medical Manpower and Personnel), dated 30 June 1997, provides that a prospective health professions officer's entry grade and rank shall be determined by the number of years of entry-grade credit awarded on original appointment, designation, or assignment as a health professions officer. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and appear to lack merit. The applicant's constructive service credit was based on the information provided by the applicant at the time in the form of a résumé and her constructive service granted was granted based on that information.
2. In the absence of substantiating evidence to show the applicant's civilian experience was different than what she originally provided, there appears to be no basis to grant her additional constructive credit. To do so would afford her a benefit that others in similar circumstances are not afforded.
3. It is noted that when similar cases have been presented to the Board in the past, the U.S. Army Recruiting Command Program Manager has been very forthcoming in admitting when mistakes were made in such computations and made favorable recommendations to grant the applicants additional service credit. It is also noted that the U.S. Army Recruiting Command has previously stated that constructive service credit time is routinely calculated until the selection board meets. Therefore, it does not appear that the applicant has been treated inequitably.
4. Further, the program manager reviewed the applicant's service and determined that no mistakes were made in the computation of her service at the time the computation was made. While the applicant may not agree with the outcome, there is insufficient evidence to show the computation is incorrect or any reason why she would not be given additional credit if so entitled.
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 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) AR20140005782
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005782
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