RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-01533
                 INDEX CODE 102.02
      XXXXXXXXXXXXX    COUNSEL:  None
      (aka XXXXXXXXXXXXX)

      XXXXXXXXXX HEARING DESIRED:  Yes
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  extended  active  duty  (EAD)  entry  grade   be   changed   from
1st lieutenant (1LT) to captain  as  written  on  the  Certificate  of
Appointment dated 28 Feb 99.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was told that based on her years of experience, certification  and
post-graduate fellowship training, she would be appointed as a captain
of the Biomedical Science Corps (BSC). On the  day  of  commissioning,
she was told not to be alarmed by the rank of 1LT on the commissioning
paper; the orders would reflect the appointed rank of  captain.  While
awaiting orders, she was advised that her constructive service  credit
(CSC) had been erroneously computed and she would have to enter EAD as
a 1LT. Although it may have been implied that she  could  have  backed
out of the contract, she was  obligated  to  fulfill  her  duties  and
responsibilities as a commissioned  officer.  The  reduction  in  rank
brought a reduction in pay, causing a financial difficulty.

A copy of applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on EAD in  the  grade  of  captain,
date of rank (DOR) 22  Feb  99,  as  Chief,  Laboratory  Services,  at
                      .

The  applicant   received   her   Clinical   Laboratory   Technologist
certification from the State of                    on 24 Oct 88.  [She
did  not  apply  for  credential   reciprocity   from   the   National
Certification Agency (NCA) for Medical  Laboratory  Personnel  at  the
time  she  was   certified   because   she   was   only   working   in
   and it was not necessary to acquire a national certification.]  She
received her certification  as  a  medical  technologist  (Blood  Bank
Specialist) from the American Society of Clinical  Pathologist  (ASCP)
on 20 Aug 93.

On 12 Jan 98, the applicant took an oath of office as  a  1LT  of  the
Reserve of the Air Force (USAFR).  The applicant  was  told  that  her
appointment grade was correct but her entry to active duty grade would
be captain. During preparation of the applicant’s EAD  orders  in  Feb
98, HQ AFPC/DPAMF2 discovered her CSC had been  computed  incorrectly.
The applicant’s recruiter had computed her EAD grade  based  on  three
years experience and one year post-graduate  education.  However,  the
Air Force would only grant half-time for work experience and,  because
the NCA and ASCP were the only certifying agencies accepted by the Air
Force, would only credit her work experience  from  Aug  93  when  she
received her certification from the ASCP. This reduced  her  CSC  from
four years to three, which lowered her entry  grade  from  captain  to
1LT.

DPAMF2 notified HQ AFRS  of  the  error,  who  in  turn  notified  the
applicant’s  recruiter.   The  applicant  was  advised  of   the   CSC
computation error and the change in grade and pay.  On 24 Feb 98,  the
applicant signed another AETC Form 1431, Medical Service Grade and Pay
Computation Worksheet, which contained accurate  CSC  computation  and
indicated the appointment and entry grade of 1LT.

The applicant’s Certificate of Appointment indicates she was appointed
to the grade of captain in the BSC on 12 Jan 98,  but  that  this  was
“done” on 28 Feb 99.

Special  Order                    ,  dated  2  Mar  98,  directed  the
applicant to EAD effective on or after 2 Apr 98 in the grade  of  1LT.
The applicant entered EAD in the grade of 1LT with a DOR of 28 Feb 97.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Superintendent,  Medical  Accessions  &  Personnel  Programs,  HQ
AFPC/DPAMF2, reviewed  the  appeal  and  provides  her  rationale  for
recommending denial.  The Superintendent also explains why there was a
delay in processing this appeal  through  the  correction  of  records
process. The Chief, BSC Utilization & Education Branch, HQ AFPC/DPAMW,
concurred with the recommendation.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant recounts what occurred prior to her appeal and  provides
additional details regarding her efforts  through  the  correction  of
records process.  She points out the discrepancy with the dates on the
appointment certificate. The date of commissioning is 12  Jan  98  but
the 28 Feb 99 date coincides with the 11  months  of  active  military
duty that she had to serve as a 1LT before she pinned on as a captain.
For more than a year she  has  worked  patiently  with  her  chain  of
command to resolve this issue; however, nothing has come to  fruition.
Recruitment and headquarters personnel should be held  accountable  to
the same standards of integrity as she is.

Applicant’s complete response, with attachments, is 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   carefully
considering all the available documentation pertaining to this appeal,
we are convinced that  the  applicant’s  EAD  entry  grade  should  be
changed to captain. It has been clearly established that the recruiter
erred when originally computing  the  applicant’s  CSC  and  that  the
applicant was miscounseled when she was assured she would enter active
duty as a captain, despite the fact that her 12 Jan 98 oath of  office
reflected the grade of 1LT. While HQ AFPC/DPMAF2 recommends the appeal
be denied because the applicant knew about and accepted the grade  and
pay changes prior to entering active duty,  we  can’t  totally  accept
that argument.  While true that she knew about the CSC error on 24 Feb
98 before the 2 Mar 98 Special Order directed her to EAD in Apr 98, we
believe she felt obligated to go forward regardless  because  she  had
already taken an oath of  office  on  12 Jan  98.  We  also  note  the
confusing Certificate of Appointment, indicating she was appointed  to
the grade of captain on 12 Jan 98, when she took her oath  of  office,
but that it was “done” on 28 Feb 99.  Further, it appears that in  the
past   there   had   been   a   window    of    reciprocity    between
and  NCA.  If  the  applicant’s  timing  and  circumstances  had  been
different, it appears she would have in all probability qualified  for
reciprocity and been credited with more work experience for additional
CSC.  We believe there are enough mitigating factors in this appeal to
warrant awarding the applicant  sufficient  CSC  to  enter  EAD  as  a
captain, as she was originally promised, and this we so recommend.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected  to  show  that  she  was  awarded
sufficient constructive service credit to support an  entry  grade  of
captain by competent authority as an exception to policy, and that  on
6 April 1998 she entered extended active duty in the grade of captain,
effective and with a date of rank of 6 April 1998.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 February 2000, under the provisions of AFI 36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Philip Sheuerman, Member
                  Ms. Marcia Jane Bachman, Member

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

   Exhibit A.  DD Form 149, dated 28 May 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAMF2, dated 8 Jun 99, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 26 Jul 99.
   Exhibit E.  Letter, Applicant, dated 12 Sep 99, w/atchs




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR 98-01533




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 XXXXXXXXXXXXX, XXXXXXXXXX, be corrected to show that
she was awarded sufficient constructive service credit to support an
entry grade of captain by competent authority as an exception to
policy, and that on 6 April 1998 she entered extended active duty in
the grade of captain, effective and with a date of rank of 6 April
1998.






   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency