RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-03077

      APPLICANT  COUNSEL:  None

            HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Promotion Service Date (PSD) and Promotion Effective Date (PED) as  a
captain, Air Force Reserve, be changed to 1 January 1995.

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APPLICANT CONTENDS THAT:

ANG Recruiters stated that he would be promoted to captain on the date he
was licensed as a physician.  This was a new program to the New York  Air
National  Guard  (ANG)  and  required  extensive  contact  between  state
authorities and the ANG Bureau.  The process was nearly completed when he
was transferred to the Air Force Reserve.  Because he  was  transferring,
it was suggested that he wait until he got to his new  unit  to  finalize
the promotion.  Once he was in the Air Force Reserve, this was  not  done
and he received a PSD and effective date of 1 May 1997.  He would like to
have this date backdated and adjusted as he had been promised,  with  the
award of all back pay due as a result of this change.

In support of his application, he provided copies of his  certificate  of
Board of Registration in Medicine, National Board  of  Medical  Examiners
Certificate, and his Doctor of Medicine Diploma (Exhibit A).

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STATEMENT OF FACTS:

On 1 April 1991, the applicant was appointed a second lieutenant, Medical
Service Corps (MSC), Reserve of the Air Force (ResAF) and the New  Mexico
Air National Guard (NM ANG).  He was credited with prior enlisted service
in the Regular Air Force from 19 September 1968 to 18 September 1972  and
in the Air National Guard from 8 December 1981 to 31 March 1991.

The applicant was awarded the degree of Doctor of Medicine on 15 May 1993
from the University of New Mexico.  He was promoted to the grade of first
lieutenant, Air Force Reserve and NM ANG, with a PSD and PED of  1  April
1994.  On 19 April 1995, the applicant was appointed a first  lieutenant,
MSC, into the New York (NY) ANG, to perform duties as a  Health  Services
Administrator.  He was licensed to practice  medicine  in  the  state  of
Massachusetts on 25 January 1995.  He was certified as an internist on 30
June 1996.

On 11 November 1996, the  applicant  applied  for  an  appointment  as  a
Reserve of the Air Force, Medical Corps (MC) officer.  In  a  computation
for grade determination, dated 21 April 1997, the applicant was granted 4
years of credit for his MD degree and 3 years, 4 months and  26  days  of
credit for experience as an intern, resident, and  practicing  physician,
resulting in a total of 7 years, 5 months and  1  day  of  credit  (final
credit based on an appointment date of 1 May 1997).

On 30 April 1997, the applicant was honorably discharged from the NY  ANG
and transferred to the Air Force Reserve.  Effective 1 May 1997,  he  was
appointed a captain, Air Force Reserve, MC.  His Total Years Service Date
(TYSD) was established as 15 May 1989 and his PSD was established  as  30
November 1993.

Information maintained in the Personnel  Data  System  reveals  that  the
applicant was promoted to the grade of major, with a PED and  PSD  of  14
July 1999.  Effective 8 March 2000, the applicant  was  assigned  to  the
Retired Reserve Section awaiting pay.  He was credited with 20 years  and
3 months of satisfactory Federal service.

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AIR FORCE EVALUATION:

In their initial review  of  the  application,  the  Utilization  Branch,
ANG/MPPU, reviewed  this  application  and  recommended  approval.   MPPU
stated that it appears the applicant was commissioned under the ANG Early
Commissioning Program in accordance with ANGI  169-9.   This  program  is
designed for first through fourth year medical students.  Individuals are
appointed as second lieutenants in the Medical Service Corps (MSC).  Once
the officer completes his or her medical degree and receives  a  diploma,
the officer is reappointed as a captain in the Medical  Corps  (MC).   In
this case, the applicant’s PSD and TYSD  were  not  adjusted.   Since  he
completed his MD on 15 May 1993, MPPU opined that his PSD  as  a  captain
should be changed to 15 May 1993 and his TYSD should be  adjusted  to  15
May 1989 (Exhibit C).

Pursuant to the Board’s request,  the  Sustainment  Management  Division,
ARPC/DAS, reviewed the application and indicated that a TYSD  of  15  May
1989 was established when the applicant was appointed a  Reserve  officer
but the PDS was never updated.  They  have  corrected  this  error.   DAS
reviewed the applicant’s PSD and PED as  a  captain  and  indicated  that
these dates are correct.  It appears to DAS that MPPU is recommending the
applicant be promoted to captain effective 15  May  1993,  prior  to  his
appointment in the Air Force Reserve.  DAS opined that the applicant  did
not have the time as an officer to support this promotion  date  so  they
believe the MPPU recommendation is questionable.  A complete copy of this
evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the MPPU and  DAS  advisory  opinions  were  forwarded  to  the
applicant on 13 May 1998 for review and comment (Exhibit E).  As of  this
date, no response has been received from the applicant.

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ADDITIONAL AIR FORCE EVALUATION:

In response to the Board’s request for additional information  pertaining
to the ANG Early Commissioning Program, MPPU indicated that the State  of
New York should have submitted the applicant  for  reappointment  in  May
1993 and reiterated their original recommendation.

In  response  to  a  request  for  further  information  concerning   the
applicant’s  status  as  a  member  of  the  ANG  and  for  clarification
concerning the ANG policy, MPPU stated that in accordance with ANGR  169-
9, Early Commissioning Program for the Air National  Guard,  members  are
appointed as MSC officers.  Upon completion of the Medical Diploma  (MD),
a reappointment application must be completed and submitted  to  ANG/DPPS
in accordance with AFI 36-2005, Appointment in  Commissioned  Grades  and
Designation and Assignment in Professional Categories -  Reserve  of  the
Air Force and United States Air Force.  The application requires  certain
credential forms to include: proof of completion of the MD; a letter from
the educational institution for acceptance into  an  internship  program;
and a current state license before reappointment can be initiated.   MPPU
contacted the State  of  New  Mexico  to  obtain  additional  information
concerning the applicant’s reappointment.  A review of his state  records
revealed that he never provided proof of state licensing to perform as  a
doctor.  The applicant was transferred to the NY ANG as an  MSC  officer.
Again, the reappointment application was not  submitted  with  credential
documents.  MPPU noted that ANG  policy  does  not  allow  for  award  of
constructive service for officers not assigned  to  physician  positions.
In view of the additional  information  contained  in  the  record,  MPPU
recommended the application be denied.

Complete copies of the above opinions are at Exhibit F.

Pursuant to the Board’s request,  ARPC/DPAF  (formerly  DAS)  stated  the
Promotions Eligibility Division, ARPC/DPPBA, had  advised  that  changing
the applicant’s PSD and PED as a captain would  have  no  effect  on  his
promotion to the Reserve grade of major (Exhibit H).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the additional evaluations were forwarded to the applicant  for
review and comment on 21 June 1999.  As of this  date,  this  office  has
received no response.

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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.  The applicant asserts that  he
was miscounseled concerning his application for commissioning  under  the
ANG Early Commissioning Program.  However, other than his own assertions,
he has provided no evidence substantiating this claim.  We believe it  is
significant that, although the applicant completed his medical degree and
received his diploma in 1993, he continued to serve as a Health  Services
Administrator (MSC) in the New Mexico and New  York  ANG  until  November
1996, when he was appointed a Medical Corps  officer  in  the  Air  Force
Reserve and was assigned to duties as a  physician.   The  applicant  has
provided no evidence showing he applied for reappointment  as  a  Medical
Corps officer and assignment to duties as a physician during  the  period
he was a member of the  ANG  and  that  his  application  was  improperly
disapproved.  In view of the foregoing, the applicant’s  request  is  not
favorably considered.

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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 4 April 2001 under the provisions of AFI 36-2603:

      Mr. Henry Romo Jr., Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 October 1997, with
                attachments.
    Exhibit B.  Applicant's Microfiche Personnel Records.
    Exhibit C.  Letter, ANG/MPPU, dated 6 Oct 1998, with
                attachments.
      Exhibit D.  Letter, ARPC/DAS, dated 7 May 1998.
      Exhibit E.  Letter, AFBCMR, dated 13 May 1998.
      Exhibit F.  Letters, ANG/MPPU, dated 30 September 1998 and
                28 May 1999.
      Exhibit G.  Letter, SAF/MIBR, dated 21 June 1999.
      Exhibit H.  Letter, ARPC/DPAF, dated 29 February 2000.




                                   HENRY ROMO JR.
                                   Panel Chair