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AF | BCMR | CY2000 | 0001697
Original file (0001697.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01697
            INDEX CODE:  102.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His commission date of rank (DOR) be changed from 1  June  1998  to  29  May
1998.

APPLICANT CONTENDS THAT:

He graduated from  the  Air  Force  Physician  Assistant  (PA)  program  and
accepted his commissioning oath on 29 May 1998.  He found out that  his  DOR
was established as 1 June 1998, due to an obscure Air Force rule,  which  he
was never advised of.  This rule basically states that he didn’t  come  back
on active duty as an officer until he  began  traveling  to  his  next  duty
assignment.   He  didn’t  travel  until  5  June  1998,  and  they  set  his
commissioning DOR between the date he separated  from  enlisted  status  and
the date he began traveling as an officer.  This resulted in his  DOR  being
1 June 1998.  As a result he not only lost time in grade but also  pay.   He
feels that establishing his DOR as 1 June 1998 instead of 29 May 1998 is  an
injustice to him and should be corrected.   Had  he  been  advised  of  this
rule, he could have made an informed  decision  and  changed  his  traveling
plans.  The Air Force’s failure to ensure such an obscure rule  is  properly
briefed to all affected personnel is inappropriate.  He  had  no  reason  to
suspect a rule existed, so he had no reason to seek out one.

In support of his appeal, the applicant provided a  personal  statement  and
an AF Form 133, Oath of Office (Military Personnel.)

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

On 11 January 1983, applicant enlisted in  the  Regular  Air  Force  in  the
grade of airman basic, for a period of six (6) years.

Applicant was enrolled in the  Physician  Assistant  (PA)  program  from  29
April 1996 through May 1998.  He completed Phase I of the program  in  April
1997, at Fort Sam Houston, Texas.  In May 1998, he  completed  Phase  II  of
the program at Langley AFB, VA.

On 28 May 1998, applicant was honorably separated in  the  grade  of  master
sergeant under the provisions of AFI 36-3208  (Commissioned  Or  Warrant  In
Same Branch of Service.)  He served a total of 15 years, 4  months,  and  18
days total active duty.

On 29 May 1998, he was commissioned as a second lieutenant, Reserve  of  the
Air Force.  He was voluntarily ordered to extended active duty  effective  5
June 1998.

On 23 February 1999, applicant’s date of separation (DOS) was  changed  from
28 May 1998 to 29 May 1998.

AIR FORCE EVALUATION:

The Superintendent,  Medical  Accessions  and  Personnel  Programs,  Medical
Service  Officer  Management  Division,  HQ   AFPC/DPAMF2,   reviewed   this
application and states that the member’s commission date (29 May  1998)  and
extended duty date (5 June 1998) are correct.  The AFI 36-2005,  Appointment
in Commissioned  Grades  and  Designation  and  Assignment  in  Professional
Categories - Reserve of the Air Force and USAF, table  2.5,  rule  41,  note
11, authorized the applicant to receive a ½ day credit towards his  date  of
rank of second lieutenant (1 June  1998).   They  recommend  disapproval  of
changing the applicant’s commission date for rank from 1  June  1998  to  29
May 1998.  The applicant’s extended active duty (EAD) orders on the  reverse
side indicates his date of separation as enlisted member  is  effective  the
day prior to the first day of travel as an officer.  The applicant’s  travel
voucher reflects his departure date from Andrews AFB, and his first  day  of
travel as an officer was  5  June  1998.   The  applicant  acknowledged  his
separation date as an enlisted member from  active  duty  as  28  May  1998,
which was later corrected to 29 May 1998.

A complete copy of the Air Force evaluation, with attachments,  is  attached
at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  provided  a  response,
which 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 timely filed.
3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record,  the  majority  of  the  Board  is  persuaded  that  the
applicant’s commission date of rank should be changed.  A  majority  of  the
Board  believes  that  if  applicant  had  been  properly   counseled   that
computation of his date of rank would depend on when he began his travel  to
his first duty station, clearly he would have altered his travel plans.   In
view of the foregoing and in an effort  to  resolve  any  possibility  of  a
further injustice to applicant,  the  majority  recommends  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 his date of rank  to  the  grade  of
second lieutenant is 29 May 1998.

The following members of the Board considered this application in  Executive
Session on 11 October 2000, under the provisions of AFI 36-2603:

            Ms. Charlene Bradley, Panel Chair
            Mr. Mike Novel, Member
            Mr. Philip Sheuerman, Member

By a majority vote, the Board voted to correct the  records,  as  recommend.
However, Mr. Sheuerman voted to deny a change in the date of rank, but  does
not wish to submit a Minority Report.  The  following  documentary  evidence
was considered:

   Exhibit A.  DD Form 149, dated 14 June 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAMF2, dated 20 July 2000, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 4 August 2000.
   Exhibit E.  Letter, Applicant, dated 20 August 2000.




                 CHARLENE BRADLEY
                 Panel Chair


AFBCMR 00-01697


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  APPLICANT be corrected to show that his date of rank to the
grade of second lieutenant is 29 May 1998.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




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