RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 2003
	DOCKET NUMBER:   AR2003088090

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, promotion to the rank of captain (CPT).  

2.  The applicant states that he has a Master's Degree in Nursing, 17 years of nursing experience, and certification as a Family Nurse Practitioner.  He does not believe that his background, education, and experience were properly weighed when he was granted constructive service credit.  He believes he should be a CPT.

3.  The applicant provides copies of his diplomas for his Associate's Degree in Nursing, Bachelor's Degree in Nursing and Master’s Degree in Nursing; a copy of his certification as a Family Nurse Practitioner; a copy of his nurse practitioner license; a copy of a DA Form 1059 (Service School Academic Evaluation Report), dated 17 January 2003; and a copy of a DA Form 67-9 (Officer Evaluation Report) for the period 20010917-20020916.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show that, at 41 years of age, he was commissioned and appointed as a United States Army Reserve (USAR) 1LT, Army Nurse Corps, on 30 August 2000.  He was granted an enlistment waiver for age and age-in-grade, and was credited with 3 years of constructive service.

2.  The applicant possessed a Master of Science Degree in Nursing and some specialized training in anesthesiology.

3.  Department of Defense (DOD) Directive 1312.3, Service Credit for Commissioned Officers, states, in effect, that the purpose of constructive service credit is to provide grade and date of rank comparability for a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment as a commissioned officer in a professional field (i.e., medical, legal, chaplaincy).

4.  DOD Instruction Number 6000.13, Medical Manpower and Personnel, states, in effect, that constructive service 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 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.

5.  Army Regulation (AR) 135-101 prescribes policy, procedures, and eligibility criteria for appointment in the Reserve Components of the Army, with or without concurrent active duty, in the six branches of the Army Medical Department (AMEDD).  It states, in pertinent part, that grade and date of rank upon original appointment and assignment to an Army Medical Department (AMEDD) branch will be determined by the number of years of entry grade credit awarded.  Except as limited by maximum credit limits, entry grade credit granted will be the sum of constructive service credit and credit for prior active commissioned service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded 3 years' constructive service credit.  He contends that he was not given the correct amount of credit.

2.  AR 135-101 states that, in order to receive constructive credit for an advanced degree, the degree must add adjunctive skills to a primary specialty and must contribute directly to performance in an anticipated duty position.  Two years of credit is awarded for a Master's Degree in Nursing.  One-half year of credit (up to 3 years) is awarded for each year of specialized training.

3.   The record shows that the applicant was credited with 2 years' credit for having a Master's Degree and 1 year for his specialized training, for a total of 3 years' constructive credit.

4.  AR 135-101 provides that an individual with between 3 and 7 years of constructive credit will be appointed in the rank of 1LT.

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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __rjw___  __ecp___  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.

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088090	
SUFFIX		
RECON		
DATE BOARDED	20031209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.0100	
2.		
3.		
4.		
5.		
6.