MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 February 2003                  
	DOCKET NUMBER:   AR2002073613

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

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston  		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Adjustment to his initial constructive service credit (CSC) at the time of appointment and additional CSC for his advanced degree.

APPLICANT STATES:  That he had in excess of 16 months clinical nursing experience prior to his October 1999 commissioning.  Since his commissioning he has had 27 months advanced nursing training as a Certified Registered Nurse Anesthetist.  He also states that because of the continuous training, he was unable to attend the officer basic course prior to completion.  He submits a copy of his bachelor of science-nursing and master degrees and his advanced practice license in support of his application.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Reserve, Army Nurse Corps (ANC) Branch, as a second lieutenant effective 18 October 1999 with prior service.  He was credited with 7 months and 15 days CSC.  He completed a Master of Science degree on 31 January 2002.

Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department (AMEDD).  This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.  

The Army Reserve ANC Program Manager, Headquarters, US Army Recruiting Command, expressed the opinion that an in-depth review of the application for correction of military records of the applicant was completed and an adjustment to his CSC was not in order.  This determination was based upon review of documentation presented.  CSC for professional experience is awarded at the rate of ½ year for each year of experience up to a maximum of 3 years.  The award of CSC for experience was based on 15 months work experience at the time of commission.  The calculation of 7 months and 15 days CSC for work experience was correct.  Award of CSC for advanced education is based upon 1) a completed program (degree awarded) prior to application for appointment and 2) CSC for advanced education is not awarded after appointment.  The applicant's application for appointment was concurrent with his application for financial support under the New STRAP Program and Loan Repayment Program.  The Army provided him financial support while in advanced practice education.  Based upon regulatory guidance, the initial CSC awarded at the time of appointment, is and was correct in accordance with change 4, DOD Directive 1312.22 which governs CSC for appointment of health services officers and Army Regulation 135-101, paragraph 3-3.

The opinion was forwarded to the applicant for rebuttal/acknowledgement on 10 October 2002.  He did not respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his CSC at the time of his initial appointment and award of additional CSC for an advanced degree.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions that based on his 16+ months clinical nursing experience he should have been awarded more than 7 months and 15 days CSC when he was commissioned.  However, the applicant was awarded ½ year (6 months) for each year of work experience.  Since his records show he had 15 months (1 year and 3 months) work experience, his CSC was calculated to be 7 months and 15 days.  His initial CSC awarded at the time of his appointment was correct.

3.  The Board also notes his contentions that, since his commission he has completed 27 months advanced nursing training, he should be awarded additional CSC.  However, for the applicant to be awarded additional CSC for his advanced degree, he would have had to complete that degree prior to his application for appointment.  He completed his Master of Science degree on 31 January 2002, which his subsequent to his application for appointment.

4.  It is also noted that this Board was advised that the applicant applied for and received financial support under the New STRAP Program and Loan Repayment Program.  Based upon regulatory guidance, initial CSC is awarded at the time of appointment.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_JHL____  _LE____  _ALR____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002073613	
SUFFIX		
RECON		
DATE BOARDED	20030220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	.  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.