ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01091
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
RESUME OF CASE:
In an application dated 4 April 1998, applicant requested that his
grade and time-in-grade be adjusted to credit him for relevant
education and experience upon his transfer from an Army line officer
position to an Air Force professional position. He was denied
consideration because he transferred from the Army versus an initial
commission.
On 10 December 1998, the Board considered and granted applicant’s
request to the extent that his records were corrected to show that on
2 December 1995, he was tendered and accepted an appointment in the
Air National Guard and Reserve grade of First Lieutenant, with a
promotion service date (PSD) of 9 September 1995, a total years
service date (TYSD) of 9 September 1992, and a total Federal
commissioned service date of 17 June 1993. A complete copy of the
Record of Proceedings is attached at Exhibit B.
Applicant submitted additional information, dated 29 March 1999, and
requested reconsideration of his application (Exhibit C). Applicant
explains that he should have received additional constructive service
credit for education and experience upon his transfer to the Air
National Guard. He indicates that after several attempts to have his
records corrected, to include the original AFBCMR application, he was
advised by the National Guard Bureau Office of Personnel Management
that he deserved an additional three years of constructive service
credit and that an adjustment would be made to his records. However,
he has never received the additional credit. His case has been
reopened for consideration at this time.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Utilization, ANG/DPPU, reviewed the additional
documentation and stated that further relief should be denied. The
Chief states that applicant’s civilian experience from 1 Oct 92 to 16
Jun 94 is not creditable because this was part-time employment; his
experience from 16 Jun 94 through his date of appointment in the Air
National Guard was duplicated credit since he was already commissioned
in the Army National Guard and according to Air Force Instructions and
Department of Defense Directives, “A period of time shall be counted
only once when computing entry grade credit.” Therefore, no
constructive credit could be awarded for either of these specified
time frames. With respect to applicant’s request to be appointed in
the grade of captain, the Chief indicates in essence that since the
constructive service credit awarded applicant was correct, the first
time he would be eligible for a position vacancy promotion to captain
would be 9 Sep 97, providing he met the eligibility criteria.
A complete copy of the evaluation is attached at Exhibit D.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and states that he was
given credit for the eight months he served as a fully functioning
Medical Service Corps Officer while awaiting “official” transfer from
the Army National Guard. This time is still being considered as “line
Officer” time and discounted by one-half. The advisory opinion does
not adjust their recommended relief by this four-month discrepancy.
Additionally, he states he does not understand how promotion criteria
applies in his case. In closing, he states that the ANG/DPPU staff
agreed to provide full relief for all constructive service credit he
has presented, however, their failure to follow through on this
commitment, and their retraction of a past opinion is another
demonstration of the inconsistencies produced by this office over the
nearly four years this matter has been open. He states he came to his
unit with nine years of relevant management experience, an MBA from a
top university, and two years experience as a commissioned officer.
This experience and education immediately adds value to his unit and
the National Guard and all he is asking is for fair and equitable
compensation in starting rank for the things he brought to the Air
National Guard.
Applicant's complete response is attached at Exhibit 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 probable error or injustice. After thoroughly
reviewing the additional documentation, we believe that further relief
is warranted. In this respect, it appears that based on applicant’s
extensive management experience and post-graduate degree, he was
immediately utilized by his unit. In this respect, we note the
statement from the Commander, 180th Medical Squadron, who indicated
that applicant began serving on the Executive Management Committee
which ultimately impacted the rating received in their 1998 Health
Services Inspection (HIS). Applicant successfully developed and
installed six major programs during this two-year period, which
significantly contributed to the unit receiving its first ever
“excellent” rating. It is apparent that critical skills, which the
applicant utilized in his Guard position, were developed while he was
employed with civilian organizations. Although these skills were not
acquired in a hospital setting, we believe that his expertise
contributed significantly to the overall operation of his unit. While
we cannot determine whether his unit would have received the excellent
rating it received had it not been for applicant’s knowledge in
hospital administration, we believe the benefit of the doubt should be
resolved in his favor. In view of the foregoing, we recommend his
records be corrected to the extent 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 on 2 December 1995,
he was tendered and accepted an appointment in the Air National Guard
and Reserve grade of first lieutenant and at that time, he was awarded
6 years, 6 months, and 23 days of constructive service credit and that
his service dates were adjusted accordingly.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 2 February 2000, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Terry A. Yonkers, Member
Ms. Patricia D. Vestal, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit B. ROP, dated 10 Dec 98, w/atchs
Exhibit C. Letters, Applicant, dated 29 Mar and 3 May 99,
w/atchs.
Exhibit D. Letter, ANGRC/DPPU, dated 11 Aug 99.
Exhibit E. Letter, AFBCMR, dated 18 Aug 99.
Exhibit F. Letter, Applicant, dated 12 Sep 99.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 98-01091
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the
Air Force relating to , be corrected to show that on 2 December 1995,
he was tendered and accepted an appointment in the Air National Guard
and Reserve grade of first lieutenant and at that time, he was awarded
6 years, 6 months, and 23 days of constructive service credit and his
service dates were adjusted accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Upon entering active duty, the applicant’s date of rank was established in accordance with AFI 36-2604, Service Dates and Dates of Rank, para 7.5.1. In this regard, the Air Force states that had the applicant entered active duty from civilian status some of her professional experience would have been used in computing her date of rank. The Board is of the opinion that the applicant’s date of rank was computed in accordance with existing regulations.
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 98- 00468 COUNSEL : NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her grade at the time she enlisted in the Air National Guard be changed to Airman. Her request was denied because the college transcript from the college was dated 20 January 1998, which is after her date of enlistment. However, she has provided a copy of her college transcript and at the time of her enlistment she...
The applicant’s complete submission is attached at Exhibit A. The applicant was released from the Army Reserve on 6 June 1977. The applicant was appointed in the Washington ANG effective 1 May 1979 and assigned to the 560th Air Force Band.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03302 INDEX CODE: 135.00 COUNSEL: ROBERT T. SUMMA HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the Missouri Air National Guard (MO ANG) in the grade of major, with a retroactive promotion date of May 1997; or in the alternative, his name be placed on the retired Reserve list, with a credit of six...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the The advisory opinion was application be denied (Exhibit C). forwarded to the applicant for review and response (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00833 INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) for promotion to the grade of staff sergeant, Air National Guard, be changed from 1 Sep 96 to 1 May 83, which would allow him to be promoted to the grade of technical sergeant effective 15 Nov 97. However, when he...
Applicant's response to the advisory opinion is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. request for promotion to Major, . Furthermore, although he provides us with 2 OERs; promotions are generally based on much more information.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01062 INDEX CODE 135.02 131.09 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His grade of E-7 be restored and he be awarded 13 additional points for the period 30 July 1996 to 29 July 1997 for a satisfactory year of Federal service, credited for 12 years, 4 months, and 19 days of prior active Federal...
AF | BCMR | CY1999 | BC-1998-01062
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01062 INDEX CODE 135.02 131.09 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His grade of E-7 be restored and he be awarded 13 additional points for the period 30 July 1996 to 29 July 1997 for a satisfactory year of Federal service, credited for 12 years, 4 months, and 19 days of prior active Federal...
However, the DOD IG concluded that his allegation of reprisal was not substantiated (Exhibit C). No evidence has been presented which would lead us to believe that the findings of the DOD IG were erroneous. Applicant's Master Personnel Records and Exhibit C. DOD IG Report, dated 4 Jun 96 (withdrawn).