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AF | BCMR | CY1999 | 9801768
Original file (9801768.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-01768
                 INDEX CODE 131.05
                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) for first lieutenant (1Lt) be changed back to 4
September 1996 from 4 May 1997.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her recruiter told her that she did not have to have an AETC Form 1431
(Medical Service Grade & Pay Computation Worksheet) completed and that
her DOR for 1Lt was 4 September 1996, which “would mean a promotion to
Captain on 4 Sep 98.”  Unbeknownst  to  her,  the  military  personnel
flight (MPF) recalculated her DOR “to reflect a promotion to Captain 4
May 99.”  Her recruiter had a responsibility to be intimately familiar
with policies and procedures and correctly represent  and  communicate
all pertinent facts and figures  regarding  her  pay  and  DOR.   It’s
unethical to change dates and pay  matters  after  an  individual  has
“signed on the dotted line.”

She provides a memo from her recruiter who indicates that at the  time
the applicant applied with their office, they “were  not  required  to
compute a AETC Form 1431 because  she  was  currently  holding  active
reserve status” and they “only indicate that fact on a blank AETC Form
1431.”

A copy of applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned into the Nurse Corps on 7 July 1994. On
21 October 1996, she was relieved from  her  unit  for  unsatisfactory
participation and transferred to nonaffiliated status.  As  a  result,
she was in inactive Reserve status.

On 26 July 1997, she signed an AETC Form 1431.  According to the  copy
she provides, it is essentially blank except for the Remarks  Section,
which reflects the following: “[Applicant] currently holds  status  in
the Air Force Reserves as a 1st Lieutenant and will EAD  in  the  same
grade. Computation of pay credit is not required.”

She was recalled to extended active duty (EAD) from  inactive  Reserve
status on 4 January 1998. She was given 50% credit for  the  period  4
September 1996 - 3 January 1998, which equaled eight months, which was
then subtracted from her EAD date. This resulted in a new DOR for  1Lt
of 4 May 1997.

She is currently serving on  EAD  as  a  clinical  nurse  assigned  at
Edwards AFB, CA, and has since been promoted to the grade  of  captain
(DOR: 4 May 1999).

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Officer Verification Branch, HQ AFPC/DPPAOR, advises  that,
upon implementation of DOD Directive 1310.1  (Rank  and  Seniority  of
Commissioned Officers), effective 1 October 1996, all Reserve officers
on the Reserve Active Status List in transition from the  Reserves  to
active duty retain the DOR  they  held  in  their  Reserve  unit.  The
applicant was recalled to EAD from inactive Reserve status;  therefore
it was necessary to adjust her DOR in accordance with AFI 36-2604 to 4
May 1997. Denial is recommended.

A copy of the complete Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy  of  the  Air  Force  opinion  was  forwarded  to  the
applicant on 26 October 1998 for review and comments within  30  days.
As of this date, no response has been received by this office.

_________________________________________________________________

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.  Based on the  available
evidence, it appears the applicant was mislead regarding her  DOR  for
1Lt because the accessions office did not properly compute her time in
grade on the AETC Form 1431.  Had they done so, she would  have  known
that she would not retain her original DOR  for  1Lt  of  4  September
1996.  Therefore, we believe she should be given back her original DOR
for 1Lt.  Since DOR for 1Lt affects the applicant’s DOR  for  captain,
we further recommend  that  her  DOR  for  captain  be  changed  to  4
September 1998, the date she had originally been led to believe  would
be hers when she attained that grade.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  When she entered active duty her current date  of  rank  was
established as 4 September 1996, rather than 4 May 1997.

      b.  She was promoted to the grade of captain effective and  with
a date of rank of 4 September 1998, rather than 4 May 1999.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 July 1999, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gary Appleton, Member
                  Ms. Patricia D. Vestal, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAOR, dated 8 Oct 98.
   Exhibit D.  Letter, AFBCMR, dated 26 Oct 98.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR 98-01768




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:

           a.  When she entered active duty her current date of rank
was established as 4 September 1996, rather than 4 May 1997.

           b.  She was promoted to the grade of captain effective and
with a date of rank of 4 September 1998, rather than 4 May 1999.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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