RECORD OF PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             FEBRUARY 3, 2004                 
	DOCKET NUMBER:    AR2003090270

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Curtis L. Greenway		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, that her records be corrected to show that she served as a commissioned officer in the Army Nurse Corps. 

2.  The applicant states, in effect, that at the time she enlisted she had a college degree and was unjustly enlisted in the pay grade of E-3; however, because she had an Associate in Applied Sciences (AAS) Degree and was a registered nurse, she should have been commissioned as a commissioned officer and served as a nurse.  She goes on to state that her degree was in her records and her unit knew that she should have been given the military occupational specialty (MOS) of a nurse.  She further states that her record will follow her for life and she would like it to reflect the truth and her.

3.  The applicant provides a copy of her Personnel Qualification Record (DA Form 2-1, her college diploma dated June 1978, her registered nurse certificate and a copy of her divorce decree.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an injustice which occurred on 3 August 1984.  The application submitted in this case is dated 12 April 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in Brooklyn, New York, in the United States Army Reserve (USAR) on 4 August 1978, for a period of 6 years, enlistment in the pay grade of E-3, training as a medical and clinical specialist and assignment to the 74th Field Hospital, Bronx, New York.  At the time of her enlistment she had completed her AAS Degree, which allowed her to enlist at a higher grade         (E-3 vice E-1).  She completed her training and was returned to her USAR unit, where she was advanced to the pay grade of E-4 on 1 August 1980.

4.  On 7 February 1982, she was reduced to the pay grade of E-3 for inefficiency and on 26 January 1983, she was transferred from her Troop Program Unit to the USAR Control Group (Annual Training) due to unsatisfactory participation.  She was honorably discharged from the USAR on 3 August 1984.

5.  Army Regulation 135-101, in effect at the time, provided policies, eligibility requirements and processing procedures for appointment of commissioned officers for assignment to Army Medical Department Branches.  It provided, in pertinent part, that personnel desiring appointment in the Army Nurse Corps (ANC) were required to submit an application for appointment.  Enlisted personnel who met the established prerequisites after enlistment were also authorized to submit such requests.  In all cases, the approval authority remained at Department of the Army Headquarters.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant has failed to show through the evidence of record or the evidence submitted with her application that she was denied the opportunity to apply for a commission as an Army Nurse at any time prior to or during her enlistment.

3.  While the applicant may believe that she was qualified for a commission based on her AAS Degree, there are no provisions that automatically confer a commission based on a person’s education.  Individuals may apply for and accept the terms of a commission if it is offered; however, it must be applied for by the individual concerned and qualifications must be verified before it may be offered. 

4.  The evidence shows that the applicant was properly enlisted in the pay grade of E-3 based on her education and that her contract was honored in its entirety by the Army and the USAR.  Accordingly, there appears to be no errors or injustice in her case.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 August 1984; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 August 1987.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

rks_____  sac_____  clg_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090270	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.14	102.0000/OFFICER APPOINTMENT	
2.		
3.		
4.		
5.		
6.