RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03273
            INDEX CODE:  130.00

      XXX XXXXX  COUNSEL:  NONE

      XXXX XXX XXXXX   HEARING DESIRED:  NO

________________________________________________________________
APPLICANT REQUESTS THAT:

His pay status be corrected to  reflect  he  entered  the  Air  Force  as  a
Captain with over four years credit for pay.
_______________________________________________________________
APPLICANT CONTENDS THAT:

He was recruited in the summer of 1981 and was told by  the  recruiter  that
he would be paid as a captain with over four years for  pay  and  retirement
if he came on active duty.  He believed the recruiter  and  came  on  active
duty in good faith.  The recruiter was unaware that the  pay  system   would
change on 15 September 1981, and he delayed  his  application  to  make  his
dentist recruiting goal for the next fiscal year.  After he came  on  active
duty and learned of the error, he was informed that nothing could be done.

In support of his appeal,  the  applicant  provided  a  personal  statement,
letters of support, ATC Form 140 (Application  for  Active  Duty),  Copy  of
Military Appointment Letter.

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
colonel.

On 28 December 1981, applicant was commissioned a first lieutenant,  Reserve
of the Air Force, Dental Corp (DC).

On 27 January 1982, the  applicant  was  ordered  to  extended  active  duty
(EAD), Reserve of the Air Force, in the grade of captain.

The Department of Defense Pay Manual (DODPM), Chapter  3,  Paragraph  010105
states, to receive this credit, an individual must have been  a  medical  or
dental officer in the United States Armed Forces or enrolled in  the  Health
Professions  Scholarship Program (HPSP) or Uniformed Services University  of
the Health Sciences (USUHS) as a second lieutenant  (MSC)  on  14  September
1981.  An individual entitled to  this  credit  would  receive  four  years’
constructive service credit for pay minus  any  dual  status.   The  Defense
Officer Personnel Management Act (DOPMA) became effective  on  15  September
1981 and discontinued constructive service credit for pay.
_______________________________________________________________
AIR FORCE EVALUATION:

The  Chief,  Officer  Accessions  Branch,  HQ  AFPC/DPPAOR,  reviewed   this
application and states that prior to  28 December  1981  the  applicant  had
never served in any branch of the military services.  He had  completed  all
his education towards his dental degree and had been  self-employed  for  at
least three  years.   The  applicant  was  never  entitled  to  constructive
service credit for pay since  he  did  not  meet  any  of  the  criteria  as
described in the DODPM.  Changing  his  pay  date  to  include  constructive
service credit would be against DOD policy.  Granting relief would also  set
a precedent on future cases of this type.  Therefore, they recommend  denial
of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.
____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluation  and  states  that  it  is
correctly pointed out that any dental or  medical  officer  on  active  duty
prior to 14 September 1981, would be paid as a captain with over four  years
on entry to active duty.  All health  profession  recruiters  at  that  time
stated  that  information;  however,  several  recruiters  obviously   never
realized that there would be a change, and continued to  recruit  using  the
pre-Department of Defense Pay Manual (DODPM) pay.

He states that he entered the Air  Force  in  good  faith  having  sold  his
private practice, only to find several days after he was  at  Sheppard  AFB,
that his pay was not what  he  was  promised.   His  recruiter  delayed  his
application onto active duty from August 1981 until October  1981  in  order
to fill his 1982 fiscal year recruiting goal.  This is a  common  recruiting
practice and not illegal.

He agrees that his date of commissioning should be  28  December  1981,  but
believes that he should have his constructive credit  reinstated.   He  kept
his word to the Air  Force  and  would  think  that  the  misbehavior  of  a
recruiter would not be used to punish him.  He is not requesting  back  pay,
he desires this error to be corrected for his future.

Applicant's complete response is attached at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable  error  or  injustice.   The  applicant  contends  his
recruiter miscounseled him that he would be paid  as  a  captain  with  over
four years for pay and retirement if he entered active duty.  The  applicant
also contends the recruiter was unaware  the  special  pay  provision  would
change on 15 September 1981 and  delayed  his  application  until  the  next
fiscal year to meet his dentist recruiting goals.  We  find  the  action  by
the recruiter to meet his dentist recruiting goals has caused  an  injustice
to the applicant.  In view of this, and noting the statements provided  with
this application, 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  he  was  commissioned  in  the  Air
Force Reserve in the grade of first lieutenant on 13 September  1981  rather
than 28 December 1981.

The following members of the Board considered this application in  Executive
Session on 29 July 1999, under the provisions of AFI 36-2603:

            Mr. Henry Romo Jr., Panel Chair
            Mr. Gregory H. Petkoff, Member
            Ms. Margaret A. Zook, Member

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

   Exhibit A.  DD Form 149, dated 19 November 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAOR, dated 16 February 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 1 March 1999
   Exhibit E.  Letter, Applicant, dated 4 March 1999.




                 HENRY ROMO JR.
                 Panel Chair


AFBCMR 98-93273





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 XXX XXXXX, XXX XX  XXXX,  be  corrected  to  show  that  he  was
commissioned in the Air Force Reserve in the grade of  first  lieutenant  on
13 September 1981 rather than 28 December 1981.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency