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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