IN THE CASE OF: BOARD DATE: 11 January 2011 DOCKET NUMBER: AR20100016667 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his constructive service credit be adjusted to grant him additional constructive service credit for his appointment in the Army Nurse Corps (ANC). 2. The applicant states that the Record of Award of Entry Grade Credit (Health Services Officers) (DA Form 5074-1-R) was incorrectly prepared and does not reflect all of the credit he should have been awarded. He goes on to state that he did not receive credit for his professional experience as a “VA Hospital Staff Nurse” from 3 December 2008 to 3 January 2010 (block D, 18 – 20), that the entry in part II, blocks 23 and 24 should reflect his rank as Major/O-4 29 January 2000 – 24 March 2009) and that all of Part III needs to be updated accordingly. 3. The applicant provides: * A copy of his DA Form 5074-R dated 4 August 2009 * A copy of his DD Form 214 dated 2 December 2008 * A copy of his Department of veterans Affairs employment letter * A copy of orders promoting him to the rank of major CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a United States Army Reserve (USAR) infantry second lieutenant on 29 January 2000 with a concurrent call to active duty on 30 January 2000. 2. He subsequently branch transferred to quartermaster branch and was promoted to the rank of captain on 1 June 2003. 3. On 30 January 2004 he was honorably released from active duty due to miscellaneous/general reasons. He had served 4 years and 1 days of active commissioned service and was transferred to the USAR Control Group (Reinforcement). He subsequently transferred to a troop program unit in Durham, North Carolina. 4. On 11 May 2008 he received a bachelor of science in nursing degree from the University of North Carolina – Chapel Hill. 5. On 7 June 2008 he was ordered to active duty in support of Operation Enduring Freedom and he served until 2 December 2008 when he was honorably released from active duty due to completion of required service. He had served 5 months and 26 days of active service. 6. On 11 March 2009, the applicant applied for appointment in the Army Nurse Corps. His records were placed before a board on 24 March 2009 and he was selected for appointment on 14 May 2009 in the rank of captain with 4 years, 6 months and 28 days of constructive service. 7. On 22 July 2009 orders were published by the Human Resources Command – St. Louis which promoted the applicant as a logistics officer to the rank of major effective 13 July 2009. 8. The applicant was ordered to active duty as an ANC captain on 4 January 2010 with assignment to Fort Bragg, North Carolina. On 18 June 2010 orders were published establishing his adjusted date of rank as 6 August 2008. 9. In the processing of this case a staff advisory opinion was obtained from the Active Duty Nurse Program Manager of the Army Recruiting Command which opines that the applicant’s constructive service credit was properly calculated at 4 years, 6 months and 28 days in accordance with Department of Defense Instructions (DODI) 1312.3 and 6000.13 which qualifies initial entry grade as a captain. The program manager went on to state that constructive credit is awarded in one category during a unique date span and Block 18 cannot be counted for credit if the same time calculation was credited in Block 28. Additionally, his promotion to the rank of major occurred outside of the time frame for which he was boarded and thus was irrelevant. Additionally, constructive credit cannot be earned in any category beyond the board date. 10. The advisory opinion was provided to the applicant for comment and he responded to the effect that the Board should reject the advisory opinion because the program manager used the wrong dates in his computation and should have used his active duty dates of 29 January 2000 to 2 December 2008, as reflected on his DD Form 214. Additionally, if those dates are used he can receive constructive credit for his professional experience as well and would add an additional 1 year and 1 month service credit. He continues by stating that he was never informed that the Board cutoff date would limit the amount of credit he would receive and believes that he was misled by Army officials and contends that had he known, he would have requested to be re-boarded before he signed his oath and contends that he has been unjustly deprived of 1 year of experience as a result of the actions by recruiting officials. 11. Army Regulation 135-101 provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty. Paragraph 3-2 provides that individual with 7 or more years of service, but less than 14, will be commissioned in the rank of CPT. 12. Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) dated 30 June 1997 provides in pertinent part, that a prospective health professions officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer. Service on active duty or in an active status as a commissioned officer in any of the Uniformed services, but not in the Corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions have been noted and appear to lack merit. The applicant’s constructive service credit was based on his commissioned service from the date he was appointed to the date the board convened to determine if he should be accepted as an ANC commissioned officer. 2. The applicant’s contention that his active duty dates from 29 January 2000 to 2 December 2008 should be used have been noted and found to lack merit. The applicant did not serve on active duty for that entire period. He served 4 years and 1 day between 2000 and 2004 and 5 months and 26 days in 2008. Accordingly, he was afforded more constructive service credit using his years of commissioned service than using active duty service, even if adding professional experience to the computation because service is computed at one-half day credit for each day served, not one for one. 3. Therefore, in the absence of substantiating evidence to show that the applicant was in fact informed that he would receive constructive credit for his professional experience and that he relied on that information to his detriment, there appears to be no basis to grant him additional constructive credit. To do so would afford him a benefit that others in similar circumstances are not afforded. 4. It is also noted that in the past when similar cases have been presented to the Board, the Recruiting Command Program Manager has been very forthcoming in admitting when mistakes were made in such computations and made favorable recommendations to grant the applicant’s additional service credit. In this case, the program manager reviewed the applicant’s service and determined that no mistakes were made in the computation of his service at the time the computation was made. While the applicant may not agree with the outcome, there is insufficient evidence to show that the computation is incorrect or any reason why he would not be given any additional credit if entitled. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X___ ___X____ 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. _______ _ _X____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100016667 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016667 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1