IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140020888 


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, she be granted constructive service credit and that her date of rank (DOR) be adjusted accordingly.

2.  The applicant states when she submitted her packet for commissioning in the Army Nurse Corps (ANC), her recruiter insisted that unless she was currently employed and working as a registered nurse (RN) for more than 2 years, she would not be selected.  This was complicated, because she was already working full time as a noncommissioned officer (NCO) on an active duty assignment as the senior shift leader in the Emergency Department.  She was already a fully licensed RN, but the Army could only legally recognize her duties in the scope of a licensed practical nurse (LPN).  

	a.  She asked Colonel (COL) AIC, the Deputy Commander of Nursing, for help.  COL AIC allowed her to work on the Telemetry Ward as a volunteer RN, working under the Red Cross, for 36 hours a week.  One year and two months later she was officially selected as a second lieutenant (2LT) by scroll dated 
5 August 2013.  

	b.  Her recruiter did not complete a constructive credit worksheet (DA Form 5074-1-R (Record of Entry Grade Credit (Health Professional Officers))), to account for her service on the Telemetry Ward since she was only 1 week away from having a full year of volunteer time.  She only fell short because she had to go to recruiting school for a few months.  

	c.  When she arrived at her current duty assignment, she called her recruiter asking why the constructive credit worksheet was not completed.  Her recruiter informed her that the worksheet was not completed because she did not work for exactly 1 full year with exactly 40 hours a week under the Red Cross.  Therefore, she did not qualify for constructive credit and it was unnecessary to complete the DA Form 5074-1-R.

	d.  She was awarded the rank of 2LT on 4 October 2013.  She had been working 40 hours or more per week as an RN since February 2014.  She is now a Masters Prepared Nurse, having earned her Master's of Science Degree in Nursing with the conferral date of 17 October 2014.  

	e.  She is not seeking anything she has not earned.  She has been functioning as a baccalaureate level RN for the Army since September 2012, and as of 17 October 2014, she has been serving as a full time Masters Prepared Nurse.  An unfair amount of effort and time was expected of her just to transition into the ANC.

3.  The applicant provides:

* self-authored statement
* Statement for Commissioning Army Medical Department (AMEDD) Officer United States Army–Active Duty, dated 8 August 2013
* DA Form 71 (Oath of Office – Military Personnel), dated 2 October 2013
* letter from Excelsior College, dated 17 October 2014
* college transcripts issued by Excelsior College
* Master of Science in Nursing Degree (Certificate) 
* credential information for her RN license
* a memorandum, dated 13 September 2012
* inprocessing checklist for volunteer personnel
* Red Cross volunteer work record (5 pages)
* Dwight D. Eisenhower Army Medical Center (DDEAMC) Initial Orientation of Unit Specific Skills and Procedures for 11 West (Telemetry) (12 pages)
* certificate of training, dated 13-14 May 2013
* The President's Volunteer Service Award and letter, dated 2013
* Officer Record Brief (ORB)
* a letter of response to advisory opinion/letter of support, dated 10 March 2015
* response to advisory opinion, dated 11 March 2015




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 April 2001 and held military occupational specialty 68W (Health Care Specialist).  She served through a series of enlistments in a variety of state side and overseas assignments and attained the rank/grade of sergeant first class/E-7.

2.  Her record contains transcripts from Excelsior College that show an Associate of Science Degree in Nursing was conferred upon her on 16 July 2010 and a Bachelor of Science Degree in Nursing (BSN) was conferred upon her on 
17 August 2012.

3.  She provided internet documents that show she is licensed as an RN.  The license was issued on 28 December 2010 and expires on 26 July 2015, and the status was listed as military. 

4.  She provided a memorandum that was issued by the DDEAMC Credentials Technician on 13 September 2012.  This memorandum was addressed to the Red Cross and indicated that the applicant, a volunteer RN, was an RN holding a current, active, and unrestricted license issued by the State of Washington with an expiration date of 26 July 2013.

5.  Her record contains a DA Form 61 (Application for Appointment), dated 
26 October 2012, which shows she applied for an appointment as a commissioned officer in the Regular Army in the ANC, in specialty/area of concentration (AOC) 66H (Medical-Surgical Nurse).  This form also indicates she graduated from Excelsior College with a BSN on 18 August 2012.  

6.  Her record contains a DA Form 5074-1-R dated 7 August 2013 showing:

	a.  She attended Excelsior College from 1 August 2010 to 17 August 2012 and earned a BSN.  She was awarded 0 years, 0 months, and 0 days of credit for a basic qualifying degree.

	b.  She received 0 years, 0 months, and 0 days of credit for advanced education beyond a basic qualifying degree and no entries were listed in this section.

	c.  She received 0 years, 0 months, and 0 days of credit for post-baccalaureate education and no entries were listed in this section.

	d.  She had an RN License which had been issued by the State of Washington.  She was awarded 0 years, 0 months, 0 days of credit for professional experience.

	e.  She received 0 years, 0 months, and 0 days of credit for prior active commissioned service.

	f.  She received 0 years, 0 months, and 0 days of total constructive credit, total prior service credit, and total entry grade credit.  As such, she qualified for entry as a second lieutenant (2LT)/O-1.

7.  She provided an inprocessing checklist for Volunteer Personnel and a DDEAMC Initial Orientation of Unit Specific Skills and Procedures for 11 West (Telemetry).  These forms show she worked as a volunteer RN from 
14 September 2012 to 7 September 2013.  These forms also show she worked for 1,798.45 hours during this 11-month period on the Telemetry Ward at DDEAMC.

8.  Orders Number A-09-313815, issued by the U.S. Army Human Resources Command (HRC) on 26 September 2013, ordered her to active duty in the rank of 2LT with a report date of 6 October 2013.  

9.  She was honorably discharged from the Army on 3 October 2013, for the purpose of accepting a commission in the Army.

10.  Her record contains a DA Form 71 that shows she was appointed as a commissioned officer in the Regular Army, in the ANC and in the rank of 2LT, on 4 October 2013.

11.  Her record contains transcripts from Excelsior College that show a Master of Science Degree in Nursing was conferred upon her on 17 October 2014.

12.  During the processing of this case an advisory opinion, dated 24 February 2015, was received from Headquarters, U.S. Army Recruiting Command (USAREC), Health Services Directorate (HSD).  The director of the HSD stated there were no grounds to award the applicant additional constructive credit.  He also stated:

	a.  The applicant boarded for Regular Army ANC selection in November 2012 for the "less than 2 years experience" mission category, and was selected to the order of merit list (OML).  She was activated off the OML and entered active duty in October 2013.  Constructive credit is not conferred by the individual recruiter, but by the HSD at Headquarters, USAREC.  Constructive credit for eligible ANC applicants includes professional (paid, not volunteer) RN experience and post-baccalaureate education in nursing that is completed at the time of the board.  

	b.  The applicant's volunteer time would not count towards her constructive credit for three reasons:

		(1)  She began orientation and volunteer hours at DDEAMC after her selection board met in November 2012.

		(2)  In accordance with DOD Instruction (DODI) 6000.13 (Medical Manpower and Personnel), constructive credit towards rank determination is based on professional RN experience, not on the experience one receives as a student or volunteer.  Furthermore, as a selected candidate under the "less than 2 years experience" mission category the applicant did not need prior experience to compete for appointment.  

		(3)  LPN experience is not qualified as professional RN experience, as the two licenses have distinctly different scopes of practice by state law and military regulation. 

	c.  The applicant did not graduate from her Master's of Science in Nursing program until 1 year after her accession onto active duty.  While this is a great accomplishment, it had no bearing on her constructive credit at the time she was boarded in November 2012.  The HSD correctly completed the DA Form 5074-R with 0 years, 0 months, and 0 days entry grade credit.  No adjustment to rank or constructive credit is warranted.

13.  The applicant responded to the advisory opinion in a letter, dated 11 March 2015.  She stated her recruiter told her that she would never be selected without 2 years of full time nursing experience as a post-baccalaureate RN.  COL AIC, the Deputy Commander of Nursing at DDEAMC at the time, suggested the applicant work as a volunteer in a full-time capacity as an RN, only because the applicant's recruiter insisted that some proof of full time RN experience was necessary for selection.  

	a.  Her volunteer time working for the Army was not less than professional RN experience post baccalaureate.  She did not work in the capacity of a student or an LPN and the recorded hours of service were all post baccalaureate.  She carried the same work load as any other RN on the telemetry ward for 1 year full-time.

	b.  Although she was on the OML, she was told she would not be selected because only 10 were to be selected and she was someplace in the middle of the list of 40 competitors.  She is grateful for her selection but that does not change the fact she was completely misled.  She faithfully served for a full year working many cumbersome hours as an RN while also working full time as an active duty enlisted Soldier because she was led to believe she had no other choice if she wished to be selected for 2LT.  Her work as an RN began on 14 September 2012, before the board convened, and finished shortly after she was informed she had been selected from the OML. 

14.  COL AIC wrote a letter of support on the applicant's behalf, dated 10 March 2015.  COL AIC stated the applicant worked full-time as an RN from 
14 September 2012 to 2 September 2013.

	a.  While working as a LPN in the emergency department of DDEAMC, the applicant completed her BSN.  She then applied for a direct commission in the ANC.  In order to submit a competitive packet for direct accession as an ANC officer, her recruiter advised her to begin working to gain experience as a medical surgical RN.  The applicant approached COL AIC who, at the time, was serving as the Deputy Commander for Nursing at DDEAMC, to ask if she could work as a volunteer RN to gain the necessary experience required to access into the ANC.  COL AIC assigned the applicant to DDEAMC's busiest ward as a Red Cross volunteer RN.  The applicant continued to fulfill her duties as an LPN in the Emergency Department in her enlisted capacity and volunteered as an RN full time on her days off and into the evenings to secure the necessary experience.  

	b.  As a Red Cross volunteer, the applicant was required to obtain all the credentials and mandatory training of a fully-paid RN staff member.  She worked full time in the evenings and weekends taking on a full load of patients.  The applicant's responsibilities as an RN volunteer were the same as any full-time paid employee.  She worked 1,798.45 hours during an 11-month period on the Telemetry Ward at DDEAMC.

	c.  Throughout her time as an RN on the Telemetry Ward at DDEAMC, the applicant outperformed her peers.  She taught professional conduct and clinical decision making to fellow staff and improved the overall care provided on that unit.  

15.  DODI 6000.13 provides for constructive service credit.  

	a.  Paragraph 6.1 (Entry Grade Credit) states 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.  A period of time shall be counted only once when computing entry grade credit, and qualifying periods of less than one full year shall be proportionately credited to the nearest day, except where noted otherwise.  Credit shall be awarded in accordance with this Instruction and Title 10, U.S. Code (USC), Sections 533 and 12207.

	b.  Paragraph 6.1.2. (Constructive Service Credit) states that constructive 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.  Constructive service credit shall be determined according to the following guidelines:

		(1)  Paragraph 6.1.2.2.2. states that 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.

		(2)  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 evidence of record shows the applicant was awarded her BSN on 
17 August 2012, began her RN Volunteer work on 14 September 2012, and was boarded for Regular Army ANC selection in November 2012.  She concluded her volunteer work on 7 September 2013 and was appointed in the rank of 2LT on    4 October 2013.

2.  The advisory official and the applicable DODI both indicate that constructive credit for eligible ANC applicants includes professional but not volunteer RN experience and post-baccalaureate education in nursing that has been completed at the time of the board.  Her board was conducted in November 2012; therefore, she would have had approximately 1 month of experience working as a volunteer RN, not as a paid RN.  Additionally, she did not completed her master's degree until 2014, which was after her appointment.  As such, this degree cannot be used for constructive credit.

3.  The fact that the applicant held an RN license has no bearing on this case.  Prior to her appointment all of her official work as an RN occurred in a volunteer capacity and the DODI specifically states that volunteer work cannot be used to receive constructive credit.  

4.  It is unclear why the applicant or her chain of command did not seek additional clarification at an echelon above her ANC recruiter when this recruiter insisted that unless she was currently working as a hired RN for more than          2 years she would not be selected.  It is unfortunate that she was led to believe this additional work was required.  She clearly put forth a lot of effort and energy and should be commended for her hard work and dedication.

5.  However, based on the foregoing, it would be appropriate to concur with the advisory opinion.  Unfortunately, there is no basis to award her constructive service credit.

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)                                         AR20140020888





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ABCMR Record of Proceedings (cont)                                         AR20140020888



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