RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02607
INDEX CODE: 131.05
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her civilian experience be included for grade/promotions consideration.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her prior civilian experience was not considered in grade/promotion
determination when she was accessed to active duty due to her prior status
as a first lieutenant in the United States Air Force Reserve (USAFR).
Since civilian experience would have been a primary determinant had she not
held prior status, she questions the equity of this decision/policy.
In support of the appeal, applicant submits her work history, notification
of personnel action, Department of Defense Civilian Leave and Earnings
Statement, and Reserve Officer Printout.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
first lieutenant, Nurse Corp (NC).
Applicant enlisted in the Delayed Entry Program on 26 September 1980
remaining in the enlisted status both on active duty and in reserve status
until 14 May 1992.
On 14 May 1992, applicant was appointed as a second lieutenant, USAFR, NC.
On 21 October 1994, applicant was promoted to first lieutenant, Reserve of
the Air Force.
Applicant was assigned to the Inactive Status List Reserve Section (ISLRS)
from 31 January 1998 to 6 April 1998.
On 7 April 1998, applicant was ordered to active duty in the grade of first
lieutenant.
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.
She received 1 day credit for each day active duty she performed in her
grade and one-half day credit for each day that she performed inactive
duty. She did not receive credit for the period she was assigned to ISLRS,
since this period is not creditable for promotion. Based on these
calculations her current date of rank is 15 August 1996.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Line Officer Procurement Branch, Dir of Pers Program Management,
AFPC/DPPAOR, reviewed the application and 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. However,
since she was ordered to active duty in her reserve grade this professional
experience is not creditable per AFI 36-2604, para 7.5. The applicant’s
date of rank was computed in accordance with the existing regulations.
Therefore, they recommend denial of applicant's request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Superintendent, Medical Accessions and Personnel Programs, Medical
Service Officer Management Division, AFPC/DPAMF2, reviewed the application
and states that they have no guidance on how to award constructive service
credit to an individual holding status in the USAFR at the time they enter
Extended Active Duty (EAD). When a reserve officer is ordered to active
duty they are ordered in their reserve grade. Constructive service credit,
explained in AFI 36-2005, is not used for those holding status but is
awarded at the time of appointment as a commission officer.
A complete copy of the Air Force evaluation, with attachment, is attached
at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 18 January 1999, for review and response. 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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We took notice of the
applicant’s complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. 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. However, since she was ordered to active duty in her reserve
grade this professional experience is not creditable per AFI 36-2604, para
7.5. The Board is of the opinion that the applicant’s date of rank was
computed in accordance with existing regulations. Therefore, in the
absence of evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 13 July 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. William H. Anderson, Member
Ms. Barbara J. White-Olson, Member
Ms. Gloria J. Williams, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sept 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAOR, dated 22 Dec 98, w/atch.
Exhibit D. Letter, AFPC/DPAMF2, dated 4 Jan 99.
Exhibit E. Letter, AFBCMR, dated 18 Jan 99.
VAUGHN E. SCHLUNZ
Panel Chair
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