ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 January 2020 DOCKET NUMBER: AR20170002959 APPLICANT REQUESTS: * retirement point credit for his civilian Certified Register Nurse Anesthetist (CRNA) program while he was US Army Reserve (USAR) in the Health Professional Loan Repayment (HPLR) and Specialized Training Assistance Program (STRAP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * on line DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * CRNA course description * Murray State University (MSU) degree * MSU transcript * emails of proof of exhaustion through Human Resource Command (HRC) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part: * during his Area of Concentration (AOC) training as a 66F - USAR nurse anesthetist he was actively engaged in his civilian CRNA program as a HPLR/STRAP reservist * the training for a CRNA is extremely intense and time consuming * there were lectures, presentations, clinical and call time averaging over 80 hours per week * none of his training time was allowed during his retirement point accumulation * this resulted in him having a bad year with less than 45 points from 28 June 2002 through 27 June 2003 * he submitted a DA Form 1380 for the Board's consideration signed by his program that supports educational activity required for his AOC of 66F * he also provided a copy of his transcripts and degree from MSU for the Board's consideration * his education allows him to provide the skills of a nurse anesthetist to the US Army * he strongly feels this error should be corrected and he should be given appropriate points to correct his bad year when he was performing his duty as a HPLR/STRAP Reservist in critical needed AOC of 66F * he's exhausted every avenue through HRC and his unit * it is not fair that the time he was in anesthesia school learning his AOC as a reservist does not count as active points for retirement * if he were an active duty student, this would not have been a question * as a reservist student nurse anesthetist, he was engaged full time in intense difficult study just as active duty nurse anesthetists were * there is no difference in his skills or abilities * the active duty Army officer is just treated better than the reserve officer * as a reservist CRNA, he has actively volunteered to mobilize nearly every other year as a 66F fulfilling a critical war time shortage * as he filled out his application, he was getting ready to mobilize for overseas deployment * as a reservist CRNA, he has placed his family and full time position on hold because he strongly fills that he is contributing to his county * as a reservist CRNA officer he has to struggle with employers who do not understand the demands of being mobilized and serving * he had to have his spouse, who is not near a military facility, struggle by herself when he is gone serving his country * as a reservist CRNA, he had to deal with prospective employers who favor CRNAs who do not service in the Army Reserve because they can depend on them not to get mobilized * he is certain active duty CRNAs do not have to shoulder that burden * all Soldiers deserve to be treated equally, active duty and reserve duty * this is one of the reasons it is difficult to get Reserve Health Officers in the service * he urges the Board to correct this and give all 66Fs whether reservist or active duty, retirement points they have earned while training the STRAP or HPLR program * he is a 66F in the USAR, his world revolves around his specialty and providing patient care * he has never been given the luxury of an individual sitting down with him and explaining the record system * he performs his skills, credentialing, training and deployments religiously * he never misses anything * he only discovered the error when he was reviewing his record for promotion * it is never too late to do the right thing * the right thing is respect for the system, justice, equality, and fair treatment for every Soldier 3. The applicant's service records contain the following documents for the Board's consideration: * a DA Form 5074-1-R (Record of Award of Entry Grade Credit) which shows: > he was credited for 3 years of constructive credit > he entered the USAR as a First Lieutenant (1LT) > he entered the USAR on 28 June 2002 > CRNA extra work credit was zero > the form was dated 23 September 2002 * a memorandum from US Total Army Personnel Command, dated 28 June 2002 appointing the applicant as a Reserve Commissioned Officer in the rank of 1LT * a Retirement Points History statement, dated 14 November 2008 which shows he received 5 active duty points and 15 membership points from 28 June 2002 through 27 June 2003 4. The applicant provides the following documents for the Board's consideration: * an undated DA Form 1380 from MSU showing the following information: > he was a Major in the USAR at the time the form was created > he was attached to Army Medical Department Professional Management Command > he attended lectures on 1 July 2002, 3 July 2002, 5 August 2002, 7 August 2002, 9 September 2007, 16 September 2002, and 14 October 2002 each for 8 hours > retirement points shows 2 points for each 8 hour period > it is signed by the MSU Program coordinator * MSU Course Descriptions for CRNA course * MSU Degree showing he received a Master of Science in Nursing on 6 August 2004 * MSU transcripts * emails showing his attempt to correct his retirement points with HRC, which state in part > an email from the Chief Support Branch Health Service Division, dated 6 February 2017, stating STRAP participants are not authorized retirement points for attending required curriculum related activities > retirement points may only be credited to STRAP participants who are members of the Selected Reserve for active service and inactive duty training > the answer was coordinated with the Directorate of Military Personnel Management, Deputy Chief of Staff G-1 > HRC exhausted all efforts to answer the applicant's question > the applicant responded by email dated 6 February 2017 asking if he can recapture 5 points in his training year as a CRNA student > he deployed several times and filled the call for any Army CRNA as if he were active duty > he disagrees with the decision > the Army has excellent CRNAs who are active and reserve > they both have the same skill set yet because he is a reservist who trained under STRAP and HPLR, his time does not count toward his duty > HRC responded on 7 February 2017 that they understood and he could apply to the Board for possible correction 5. See below for relevant regulations. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the beginning of his RYEs, the dates of his CRNA, his attachment to Army Medical Department Professional Management Command and the point he accumulated in subsequent RYEs to include active duty points. The Board found that his denial of a qualifying retirement year for the period beginning 28 June 2002 was unjust. Based on a preponderance of evidence, the Board determined that a correction of the applicant’s Chronological Statement of Retirement Points should be corrected as a matter of justice. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the Chronological Statement of Retirement Points as follows: - Reflect in RYE 20020628 to 20030627- Inactive Duty Points – 31; Qualifying For Retirement 01 00 00 and Total Creditable Point 51, and; - Reflect in RYE 20030628 to 20040627 – Inactive Duty Points – 64; Qualifying for Retirement 01 00 00 and Total Creditable Points 94.. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to relief in excess of that described above. 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. REFERENCES: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for U.S. Army Reserve (USAR) soldiers. a. Paragraph 2–2, states retirement points may be earned by USAR soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), and inactive duty training (IDT). Types of IDT are: * regularly scheduled unit training includes unit training assemblies (UTA), and multiple unit training assemblies (MUTA) * regularly scheduled training (RST) other than UTA/MUTA * make up assemblies for missed UTA/MUTA due to AT * equivalent training (ET) in lieu of scheduled UTA/MUTA or RST * additional training assemblies (ATA) * two-hour unit training assemblies * training of individual soldiers in nonpay status. b. Paragraph 2–4 states, personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. Most types of IDT are covered by one of the following rules on required duration of IDT and calendar day limitations on points: * one point for each scheduled 4-hour period of IDT at UTA, RST, ET, ATA, or make up assembly maximum of 2 points in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used, except in the case of 2- hour unit training assemblies maximum of 1 point in 1 calendar day * one point for each 2 hour or greater period * two-hour aggregates of shorter periods may be used except in the case of 2- hour unit training assemblies * award of a second point in the same day requires additional hours to bring the day’s total to a minimum of 8 maximum of 2 points in 1 calendar day * points may not be awarded under more than one of the rules above during any single calendar day c. Paragraph 3-3b, states a DA Form 1380 will be prepared for a unit soldier who performs equivalent training or additional training. 3. A informational paper on Army Reserve Health Care Team at https://www.goarmy/ .com/content/dam/goarmy/downloaded_assets/amedd_rpis/reserve_health_care_team. pdf states: a. Specialized Training Assistance Program (STRAP), is a stipend program of more than $2,000 a month (adjusted each July) for nursing students currently enrolled in an accredited BSN program or applying to Certified Registered Nurse Anesthesia Program. To be eligible for the BSN STRAP, applicants must have an ADN or Diploma Degree from an accredited nursing program and a current unencumbered RN license. BSN STRAP participants may only receive a maximum of 24 months of stipend payments. STRAP is also available for nurses who possess a BSN from an accredited nursing program, hold a current unencumbered RN license and are enrolled in an accredited MSN program in critical care nursing or nurse anesthesia. b. Healthcare Professionals Loan Repayment Program (HPLR) provides up to $50,000 for the repayment of outstanding education loans to nurses in designated specialties. HPLR is paid over three years with up to $20,000 paid the first two years and up to $10,000 paid in the third year. ABCMR Record of Proceedings (cont) AR20170002959 6 1