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AF | BCMR | CY1999 | 9801091A
Original file (9801091A.doc) Auto-classification: Approved

                                 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

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