RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 September 2005 DOCKET NUMBER: AR20050001660 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 Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. Lester Echols Chairperson Mr. Paul M. Smith Member Mr. Leonard G. Hassell Member 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 that he be awarded additional constructive service credit and his date of rank for first lieutenant be adjusted to 6 November 2001. 2. The applicant states his constructive service credit form was not completed properly upon his commissioning. He was not awarded all credit due for his undergraduate education and his work experience as a critical care nurse and anesthesia student, totaling 3 years and 11 months. 3. The applicant provides his curriculum vitae; his nursing diploma; an Associate in Specialized Technology diploma; his Bachelor of Science in Nursing diploma; his registered nurse license; his "original constructive credit form" (not available, unless he meant his DA Form 61 (Application for Appointment) or his appointment orders, which were provided); his oath of office; and his DA Form 2B (Personnel Qualification Record Commissioned Officer). CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 6 November 2001, the date he was commissioned. The application submitted in this case is dated 18 January 2005. 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 limitations 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. On 20 June 1997, the applicant was awarded a diploma from the Lancaster Institute for Health Education for completing the Course of Instruction and Practice in the School of Nursing. Also on this date the school awarded him an Associate in Specialized Technology diploma. 4. On 23 July 1997, the Commonwealth of Pennsylvania issued the applicant a registered nurse license. His curriculum vitae shows he began to work at the University of Pittsburgh Medical Center, Presbyterian Hospital as a clinical nurse in January 1998 until July 1999; at Tripler Army Medical Center/Spark M. Matsunaga Veteran's Affairs Medical Center from August 1999 to January 2000; and at St. Francis Medical Center, Honolulu, HI from February 2000 to August 2000. His curriculum vitae shows he had a break in work experience from around August 2000 to January 2003. 5. On 25 April 1998, the University of Pittsburgh awarded the applicant a Bachelor of Science in Nursing degree. 6. On 6 November 2001, the applicant was appointed a second lieutenant in the U. S. Army Reserve, Army Nurse Corps. He was awarded 1 year, 1 month, and 29 days of constructive service credit. 7. The applicant was awarded a Master of Science in Nursing degree in December 2002 and began work as a doctoral candidate in August 2004. 8. In the processing of this case, an advisory opinion was obtained from the Active Duty Nurse Programs Manager, U. S. Army Recruiting Command. She opined the applicant was awarded the correct (1 year, 1 month, and 29 days) constructive service credit. One-half for each year of experience, up to a maximum of 3 years of constructive credit, may be granted for experience as a health professional. Only full time work experience as a licensed registered nurse through the nurse selection board date (29 October 2001, in the applicant's case) is creditable. The applicant was initially issued his license on 23 July 1997. Credit may not include time spent in attainment of baccalaureate or other lower degrees. 9. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond within the given time frame. 10. DODI 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs. Paragraph 6.1 states a period of time shall be counted only once when computing entry grade credit. Paragraph 6.1.2.2.2 states credit for master's and doctorate degrees in a health profession other than medicine and dentistry, whether it is the primary degree or an additional advanced degree, shall be awarded based on actual full-time equivalent education up to two years for a master's degree and up to four years for a doctorate. 11. DODI 6000.13, paragraph 6.2.2.2.5 states credit of one-half year for each year of experience, up to a maximum of three years of constructive credit, may be granted for experience in a health profession, if such experience is directly used by the Military Service concerned. Creditable experience cannot predate the receipt of licensure, registration or certification. 12. Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), states the grade of an individual appointed as a Reserve officer without concurrent call to active duty will be determined by comparing the entry grade credit awarded with [specified] phase points (currently, less than 3 years, second lieutenant; 2 years or more but less than 5, first lieutenant). DISCUSSION AND CONCLUSIONS: 1. The applicant contends he was not awarded all due constructive service credit for his undergraduate education and his work experience as a critical care nurse and anesthesia student. 2. Constructive service credit is authorized only for master's and doctorate degrees in a health profession, not for undergraduate degrees. 3. The applicant's curriculum vitae shows he worked from January 1998 until July 1999, from August 1999 to January 2000, and from February 2000 to August 2000. This adds up to approximately 2 years and 7 months, one half of which would be approximately 1 year, 3 months, and 15 days of constructive service credit. However, it is presumed the U. S. Army Recruiting Command had his actual, rather than approximate, dates of employment and calculated his constructive service credit to have been 1 year, 1 month, and 29 days. 4. The applicant provides insufficient evidence to show his constructive service credit was miscalculated. 5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 November 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 November 2004. 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 timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __le____ __pms___ __lgh___ 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. __Lester Echols_______ CHAIRPERSON INDEX CASE ID AR20050001660 SUFFIX RECON DATE BOARDED 20050929 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 102.08 2. 3. 4. 5. 6.