PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 August 2000                  
	DOCKET NUMBER:    AR1999032641

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Charles Gainor		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 that she be granted constructive credit for civilian experience prior to her appointment.

3.  The applicant states that when she was commissioned in the US Army Reserve (USAR) she had 13 years of civilian experience as a registered nurse.  She believes that based on this experience, she should have been awarded constructive credit toward her next higher grade.

4.  In support of her request, she has provided a copy of her appointment memorandum dated 4 March 1986, Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 591 and 593 and a letter from the Cleveland Clinic Foundation showing that she had been employed there from 1973 to 1995 as a Nurse Manager.

5.  The applicant’s military records show that she graduated from Cyuhoga Community College with a degree in Nursing and was subsequently employed by the Cleveland Clinic Foundation as a Head Nurse/Operating Room between November 1973 and June 1986.  She was appointed a second lieutenant, Army Nurse Corps (ANC), USAR, not on active duty, on 14 April 1986.  She was promoted to first lieutenant and then to captain on 12 April 1993.  On 4 February 1995, she was declared an unsatisfactory participant and transferred to the USAR Control Group (Reinforcement).

6.  The record shows that at the time of her appointment as a second lieutenant she was credited with 0 years, 0 months and 0 days of constructive credit.  The record does not include a copy of DA Form 5074-1-R, (Record of Award of Entry Grade Credit-Health Services Officer).

7.  A member of the staff of the Board contacted the Human Resources Information Services for the Cleveland Clinic Foundation and determined that during the period 1973 through 1995 the applicant was employed there as a Nurse on a full-time basis.

8.  Army Regulation 135-101, provides guidance for determining the entry grade for officers not order to active duty.  It states, in pertinent part that with less than 3 years credit the officer will be appointed a second lieutenant, with 3 years or more but less than 7 years credit the officer will be appointed in the grade of first lieutenant.

9.  The same regulation provides that constructive credit for ANC officers may be granted in increments of ½ year for each year of education or experience up to a maximum of 3 years credit.

CONCLUSIONS:

1.  The evidence in this case suggest that the applicant’s constructive credit was either not applied or incorrectly applied in determining her grade at the time of her appointment in the USAR.  

2.  The record shows that she was granted no credit for previous experience.  It appears, however, that she should have been awarded the maximum amount of credit permissible, which was 3 years for her 13 years of experience as a nurse with the Cleveland Clinic prior to her appointment.  Had she been credited with such previous work experience she would have been appointed in the grade of first lieutenant rather than second lieutenant.

3.  Accordingly, it would be appropriate to correct her entry grade from second lieutenant to first lieutenant and award her any pay and allowance she is due as a result of this correction.

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:

	a.  issuing a new memorandum to replace the 4 March 1986 memorandum , Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 591 and 593 to show that the individual concerned was appointed in the grade of first lieutenant; and

b.  paying to her any back pay and allowances that may be due as a result of this correction.

BOARD VOTE: 

___jdm__  ____ra___  ___cg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________John D. Miller________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032641	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.02	
2.	102.08	
3.		
4.		
5.		
6.