RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01877
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given 89 days of grade credit toward promotion; or, the date  of
his commission be moved forward to complete the six-month requirement.

His records be  corrected  by  any  means  necessary  to  satisfy  his
request.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misled by recruiters, although it was  unintentional  on  their
part.  Due to this fact, he was commissioned as an officer in the  Air
Force under false pretenses.

In support of his appeal, the applicant provided a personal statement,
a statement from a recruiter, and other documents associated with  the
matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force,
on 22 Jan 98 and voluntarily ordered to extended active duty on 24 Feb
98.  Information  extracted  from  the  Personnel  Data  System  (PDS)
indicates that he is currently serving on active duty in the grade  of
first lieutenant, having been promoted to that grade on 8 Feb 99.  His
Total Active Federal Military Service Date (TAFMSD) is 24 Feb 98.

The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air
Force.  Accordingly, there is no need to recite these  facts  in  this
Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Service Officer Management Division, AFPC/DPAMF2, reviewed
this application  and  recommended  denial.   DPAMF2  noted  that  the
applicant entered extended active duty (EAD) on 24 Feb 98, with 1 year
and 16 days of  constructive  service  credit  that  resulted  in  his
current grade date of rank (CGDOR) of 8 Feb 97.

In accordance with AFI 36-2005, constructive  credit  is  awarded  for
full time work experience (minimum of six months, maximum of 3 years),
prior service,  and  education.   DPAMF2  stated  that  the  applicant
received constructive service credit for prior service  and  education
but none for  work  experience.   In  DPAMF2’s  view,  the  credit  is
correctly stated, since he was not employed full time for a minimum of
six months prior to taking an oath of office in the Reserve of the Air
Force.

According to DPAMF2, had the applicant worked full  time,  they  would
have recommended he receive 50 percent experience credit from  24  Jul
97 (interim license effective date) to 21 Jan 98 (date prior  to  oath
of office.  This adjustment of 2 months and 29 days (5 months  and  28
days @ 50 percent) would change the applicant’s CGDOR from 8 Feb 97 to
9  Nov  96.   However,  DPAMF2  believes  the  applicant’s   recruiter
misinformed him about grade credit based on the information  that  was
available.  The applicant stated on the AF Form 24, Item 24,  that  he
was employed by the VA full time.  However, the  VA  stated  that  the
applicant was not a full time employee.

A complete copy of the DPAMF2 evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that the one and  only  issue
is that he was commissioned under  false  pretenses.   He  was  simply
misled by representatives of the Air Force about his grade credit.

Applicant’s complete response and an  additional  statement  from  the
applicant are at Exhibit E.

_________________________________________________________________

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 injustice.  The evidence of record reflects that
the applicant was given constructive  service  credit  for  his  prior
service and education.  However, he was not given credit for any  work
experience because he failed to meet the minimum  requirement  of  six
months of full time work experience.  He asserts that he was misled by
his recruiter to believe that he would receive 50 percent grade credit
for his licensed experience as a pharmacist  with  the  Department  of
Veterans  Affairs.   However,  available  evidence  reveals  that  the
recruiter so advised the applicant based on the information  that  was
available to him and provided by the applicant.  Notwithstanding this,
it does appear to a majority of the Board that the applicant  was  not
properly counseled and relied on the information provided  to  him  by
the recruiter.  In view of the above, the Board  majority  is  of  the
opinion that some form of relief is  warranted.   However,  since  the
Board  majority  believes  that   the   applicant   must   bear   some
responsibility in this case, it is inclined  to  afford  him  only  75
percent of the requested relief.  Accordingly, a majority of the Board
recommends  that  the  applicant’s  date  of  rank  at  the  time   of
appointment was established as 3 Dec 96.  It notes that the  applicant
has been promoted to the grade of first lieutenant since  filing  this
application.

4.  We are aware that promotions to first lieutenant are made based on
a recommendation from the appropriate commander and completion of  two
years in grade.  In view of this fact and having no  reason  to  doubt
that the applicant would have been recommended for promotion  when  he
would have been eligible  had  he  received  the  proposed  credit  at
appointment, a majority of the Board believes his  records  should  be
further corrected to show he was promoted to first lieutenant on 3 Dec
98.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 24 Feb 98, he  was
voluntarily ordered to extended active duty in  the  grade  of  second
lieutenant, with a date of rank of 3 Dec 96, rather than
8 Feb 97, and he was  promoted  to  the  grade  of  first  lieutenant,
effective and with a date of rank of 3 Dec 98, rather than 8 Feb 99.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 Jul 99, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Joseph A. Roj, Member
      Mr. Grover L. Dunn, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Roj voted to deny the appeal but did not  desire  to
submit a minority report.   The  following  documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 30 Jan 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAMF2, dated 30 Sep 98.
     Exhibit D.  Letter, SAF/MIBR, dated 12 Oct 98.
     Exhibit E.  Letter, applicant, undated.




                                   TERRY A. YONKERS
                                   Panel Chair




AFBCMR 98-01877




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 24 Feb 98, he was
voluntarily ordered to extended active duty in the grade of second
lieutenant, with a date of rank of 3 Dec 96, rather than 8 Feb 97, and
he was promoted to the grade of first lieutenant, effective and with a
date of rank of 3 Dec 98, rather than 8 Feb 99.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency