PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           22 April 1999      
	DOCKET NUMBER:   AC98-05720
				   AR1999023618

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Thomas A. Pagan		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  In effect, the applicant requests that his date of rank be adjusted, that he be credited with the appropriate time in grade for promotion, with the granting of all due pay and allowances.

3.  The applicant states that he was not given credit for a bachelor of arts (BA) degree in Health Sciences when he was commissioned.  He should have been commissioned as a first lieutenant. 

4.  He states that he was not told that if he had his national certification for a nurse practitioner at the time he was commissioned he would have been appointed a first lieutenant; however, at that time there was no requirement for national certification.  He later became nationally certified.

5.  He also states that he should have been appointed a first lieutenant, given his background as a Pennsylvania state licensed advanced nurse practitioner with experience.  No attempt was made to commission him in a rank consistent with his experience.  His commissioning paperwork also did not show the BA degree he received in Health Sciences from the University of Hawaii.  
 
6.  The applicant’s DA Form 61 (Application for Appointment) of                          17 February 1984 shows that he received an associate degree in Nursing at the University of Hawaii in May of 1977, that he completed three nursing courses in 1978 and 1979, and that at that time he had been employed as an emergency nurse practitioner at Divine Providence Hospital in Pittsburgh from October of 1981 until the date of his application.  That document does not indicate that he had a BA degree in Health Sciences.

7.  Documents submitted by the applicant show that he also attended the University from 1978 to 1981, receiving a BA degree in Health Sciences in May of 1981. 

8.  The applicant’s military records show that he was appointed a Reserve second lieutenant in the Army Nurse Corps (ANC) on 14 April 1984.  His appointment letter does not credit him with “years of service in an active status” (constructive credit).  He was promoted to first lieutenant on 13 April 1987 and to Captain on 12 April 1991. 

9.  In the processing of this case an advisory opinion was obtained from the Army Nurse Reserve Program Manager of the Army Recruiting Command in Fort Knox, Kentucky.  She stated that the applicant should have 

been appointed in the grade of first lieutenant with total constructive credit of       3 years, 3 months, and 6 days.  She also stated that no credit could be awarded for his BA degree in Health Sciences, in that constructive credit for additional degrees is limited to the completion of an MSN or doctorate in Nursing.  The applicant was furnished a copy of the advisory opinion on 17 March 1999.  He did not respond.   

10.  Army Regulation 135-101 prescribes policy, procedures, and eligibility for appointment in the Reserve of the Army in the branches of the Army Medical Department.  Chapter 3 of that regulation provides for grade determination, to include entry grade credit (constructive credit plus credit for prior active commissioned service).  Paragraph 3-1b states that constructive service credit will be granted for periods of professional training and experience accrued after receipt of the basic qualifying degree (See tables 3-1, etc.)

11.  Table 3-1 states in pertinent part provides for credit for additional advanced degrees, but only if the degree adds adjunctive skills to primary specialty and contributes directly to performance in anticipated duty position.  That table also states that experience not as a professional nurse or not exclusively devoted to nursing will be excluded when determining if additional credit should be awarded based on special education or professional experience.

CONCLUSIONS:

1.  The applicant should have been appointed a first lieutenant in 1984 with          3 years, 3 months, and 6 days of constructive credit based on his professional work experience and his completion of a certified Nurse Practioner Program.

2.  The applicant should not be awarded constructive credit for a BA degree in Health Sciences.  

3.  Even if the award of an additional 3 years, 3 months, and 6 days of constructive credit is granted, since the applicant has already been selected for, promoted, and served in the rank of Captain, it would be inherently unfair to require that his records be referred to standby promotion consideration boards for reconsideration for promotion to Captain.  Therefore, his current date of rank should be administratively adjusted to 3 years, 3 months, and 6 days earlier, as an exception to the normal promotion policy. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was appointed a first lieutenant on        14 April 1984 with 3 years, 3 months, and 6 days of constructive credit.  He should receive all due pay and allowances based on this determination.

2.  That upon completion of the above action, the applicant’s effective date of promotion to Captain be administratively adjusted to an appropriate date 3 years, 3 months, and 6 days earlier than his current effective date of promotion to the rank of Captain without referral to further Captain promotion selection boards.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

___inw__  ___eb___  ___tap__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-05720/AR1999023618	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990422	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 102.02		
2.  102.07		
3.  102.08		
4.		
5.		
6.