RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03680 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. She be awarded service credit for her work experience and for earning her nursing license. 2. Her Date of Rank (DOR) be changed to coincide with the date she received her nursing license. _________________________________________________________________ APPLICANT CONTENDS THAT: Her DOR was established from her commissioning date rather than her work experience and licensing date of 20 Mar 05. She states that when she was commissioned in the Air Force, her DOR was established as her commission date rather than the date she received her nursing licensure. Per the governing instructions, service credit should have been given based on her work and licensure as a nurse. In support of her request, the applicant provides copies of her nursing license documentation. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard in the grade of second lieutenant (0-1). Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POP recommends denial. A1POP states the applicant earned her Associate of Science Degree in Nursing in 2009. The governing instruction states that service credit is awarded for full time special professional experience in the specialty in which appointed when the experience is accrued after obtaining the qualifying degree or license. Therefore, despite of whether the applicant had the qualifying license prior to obtaining her degree, she is not entitled to constructive service credit for her work experience that was accomplished prior to obtaining her degree. In addition, she did not have at least six months full time work experience after obtaining her degree; therefore, A1POP was not able to award her constructive service credit for any of her work experience. The applicant’s service dates are correct as reflected IAW the governing Air Force and Air National Guard policy. The NGB/A1POP complete evaluation is at Exhibit B. NGB/A1PS recommends denial. A1PS concurs with the A1POP Subject Matter Expert advisory. The NGB/A1PS complete evaluation is at Exhibit C. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: NGB/A1POP recommends approval. A1POP provided an additional evaluation at the Board’s request. A1POP states that their interpretation of the governing instructions was incorrect. Therefore, based on the new information provided by the Air Force Personnel Center (AFPC), A1POP recommends approving the applicant’s request for constructive service credit based on when she started working full time after obtaining her licnese which was 3 Oct 05. However, A1POP notes the AFI stipulates that she is entitled to a half year for each year of experience up to a max of six years. In this case, the applicant is entitled to 1 year, 9 months, and 28 days of credit that she should have received on her DOR and Total Years Service Date (TYSD). A1POP also recommends correcting the applicant’s DOR to second lieutenant to 1 Aug 07; however, had this date been awarded to her upon her appointment, she would have been promoted to the grade of first lieutenant on the CY09B First Lieutenant Select List and given a promotion DOR of 1 Aug 09, with an effective date of 9 Feb 10 (the date of public release). The NGB/A1POP complete evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation forwarded to the applicant on 12 Nov 10 27 Apr 11 for review and comment within 30 days. As of this date, this office has received no response (see Exhbits D & F). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. We note the revised comments provided by NGB/A1POP indicating they misinterpreted the Air Force Instructions. Therefore, after careful review of the evidence of record and the applicant’s complete submission, including her nursing license, we believe she is entitled to constructive service credit from the time she began working full time, and her date of rank to second lieutenant and first lieutenant should be corrected accordingly. We took note of the applicant’s contention that her constructive service date should be the date she received her nursing license; however, we agree with the NGB recommendation of correcting her constructive service date to coincide with the date she actually began working full time in that speciality. Therefore, we recommend that her records be corrected as indicated below. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. She was credited with 1 year, 9 months, and 28 days of constructive service for working full time after she obtained her nursing license on 3 October 2005. b. Her Date of Rank (DOR) to second lieutenant be corrected to reflect 1 August 2007, rather than 29 May 2009. c. She was promoted to the grade of first lieuentant, Air National Guard, with a Date of Rank (DOR) of 1 August 2009, with a Promotion Effective Date (PED) of 9 February 2010 . ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03680 in Executive Session on 19 Apr 11 and 27 Apr 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Sep 10, w/atchs. Exhibit B. Letter, NGB/A1POP, not dated. Exhibit C. Letter, NGB/A1PS, dated 27 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10. Exhibit E. Letter, NGB/A1POP, dated 26 Apr 11. Exhibit F. Letter, AFBCMR, dated 27 Apr 11. Panel Chair