PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 November 2002
	DOCKET NUMBER:   AR2002067966

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. John T. Meixell		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.  The applicant requests, in effect, that her record be corrected to show her correct captain (CPT) date of rank (DOR) based on her receiving all the constructive credit to which she is entitled.   

3.  The applicant states, in effect, that she was advised to submit this application by her United States Army Reserve (USAR) program manager in order for her to receive all the constructive credit she is due.  She claims that she completed prior service in the USAR from 9 September 1987 through 31 December 1996, on active duty in the United States Air Force (USAF) from 1 January 1997 through 5 April 2000, and again in the USAR from 4 November 2000 through the present.  Her total prior service between September 1997 and November 2000 is 13 years and 2 months, which would have changed her CPT DOR upon appointment in the Army Nurse Corps (ANC), and resulted on her being eligible for promotion to MAJ in 2001.  

4.  The applicant’s military records show that she was appointed a second lieutenant (2LT) in the USAR on 9 September 1987, and she served on active duty in the USAF from 1 January 1997 through 5 April 2000.  The separation document issued to her upon her separation from the USAF on 5 April 2000 confirms that as of that date, she had completed 3 years, 3 months, and 5 days of active military service on that particular period of service, 5 months and 4 days of prior active military service, and 8 years, 10 months, and 18 days of prior inactive military service.  

5.  On 4 November 2000, the applicant was appointed a CPT in the ANC of the USAR.  The appointment memorandum she was issued by the Total Army Personnel Command (PERSCOM), St. Louis, Missouri, shows that she was granted 8 years, 7 months, and 28 days of constructive credit based on her prior military service.  

6.  In connection with the processing of this case, an advisory opinion was requested of and received from the Army Reserve ANC Program Manager, United States Army Recruiting Command (USAREC).  It indicates that subsequent to an in-depth review of the applicant’s record an adjustment to her constructive credit is in order.  It further stated that the constructive credit awarded the applicant should be 12 years, 10 months, and 9 days.  However, this constructive credit would not adjust the applicant’s entry grade of CPT, but would in fact does change her CPT DOR.  A corrected Record of Award of Entry Grade Credit-Health Services Officers (DA Form 5074-1-R) was provided with this advisory opinion.  

7.  The DA Form 5074-1-R provided by the USAREC ANC Program Manager confirms that the applicant was awarded 3 months and 14 days of credit based on her work experience, 12 years, 6 months, and 25 days of credit based on her prior military service, and a total of 12 years, 10 months, and 9 days of constructive credit.  Based on this constructive credit the applicant was authorized an entry grade of CPT, which required 7 years of credit, and 2109 days of constructive credit in excess of that required for her entry grade, which established her CPT DOR as 26 January 1995.  

8.  On 10 October 2002, the applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond.  On 1 November 2002, the applicant responded by providing her concurrence with the advisory opinion rendered in her case.  

9.  Army Regulation 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, in the six branches of the Army Medical Department (AMEDD).  Paragraph 3-4 (Transition Credit) states, in pertinent part, that the grade and date of rank upon appointment will be determined by the law and regulations in effect on the date of the appointment.  

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) prescribes the policy and procedure used in the selection and promotion of commissioned and warrant officers of the USAR.  Table 2-1 establishes the service requirements for promotion, and it states, in pertinent part, that the minimum time in grade required for promotion from CPT to major (MAJ) is four years and the maximum required is seven years.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that her DOR to CPT should be adjusted to account for all the constructive credit to which she is entitled, and it finds this claim has merit.  

2.  The advisory opinion provided by the USAREC ANC Program Manager and concurred with by the applicant confirms that the applicant should  have been awarded a total of 12 years, 10 months, and 9 days of entry grade constructive credit upon her appointment in the ANC of the USAR.  As a result, she was authorized an entry grade of CPT, and based on the credit awarded in excess of that required for this entry grade, she was entitled to a CPT DOR of 26 January 1995.  

3.  In addition, the Board concludes that it would be appropriate to provide the applicant any promotion consideration to MAJ she is due as a result of her corrected CPT DOR of 26 January 1995, and to provide her any back pay to which she is entitled if this results in her promotion to MAJ.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant’s CPT DOR is 26 January 1995 based on the constructive credit she was awarded upon her appointment in the ANC as documented in the corrected DA Form 5074-1-R, dated 2 October 2002, published by the USAREC ANC Program Manager; and by providing her any promotion consideration to MAJ she is due based on this adjusted CPT DOR, and any back pay and allowances to which she is entitled if this results in her promotion to MAJ.  

BOARD VOTE:  

__MHM__  __ENA __  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melvin H. Meyer__
		      CHAIRPERSON

INDEX

CASE ID	AR2002067966	
SUFFIX		
RECON		
DATE BOARDED	2002/11/05	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  229	112.0700	
2.		
3.		
4.		
5.		
6.