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AF | BCMR | CY2002 | 0103349
Original file (0103349.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 01-03349

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    Her Total Active Federal Military Service Date (TAFMSD)  Total  Active
Federal Commissioned Service Date (TAFCSD), and Pay Date be  changed  to  29
August 1997.

2.    Her Entry on Active Duty (EAD) date be changed to 14 June 1993.

3.    Her Date of Rank (DOR) to the grade of second  lieutenant  be  changed
to 1 September 1997.

4.    Her DOR to the grade of first lieutenant  be  changed  to  1 September
1999.

5.    She be promoted to the grade of captain, effective 1 September 2001.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

An administrative decision to delay her  disenrollment  from  the  Uniformed
Services University of Health Services (USUHS), School of Medicine,  led  to
unforeseen effects on the determination of her service dates.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  grade  of  first
lieutenant.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C, D, and E.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPMAF2 recommends the application be  denied.  AFPC/DPMAF2  states,  in
part, that the applicant held an Air Force medical student billet until  her
disenrollment on 5 August  1998.   She  did  perform  administrative  duties
while awaiting the results of the Medical Evaluation Board (MEB).   Although
she was not performing duty as a student, she still held student status  and
was not available for reclassification or assignment.  In addition, she  was
not assigned to USUHS as a permanent staff member and should not  have  been
awarded the Joint Service Commendation Medal (JSCM).

The AFPC/DPMAF2 evaluation, with attachment, is at Exhibit C.

AFPC/DPPAO recommends the  application  be  denied.  AFPC/DPPAO  states,  in
part, that upon entry to active duty,  the  applicant’s  service  dates  and
date of rank were accomplished in accordance with governing regulations.

The AFPC/DPPAO evaluation, with attachments, is at Exhibit D.

AFPC/DPPPO recommends the application  be  denied.   AFPC/DPPPO  states,  in
part, that the establishment of the applicant’s DOR is consistent  with  AFI
36-2501 and Title 10, United States Code.

The AFPC/DPPPO evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the evaluations and states  that  the  delay  in  her
formal disenrollment as a student  was  due  to  administrative  proceedings
beyond her  control.   Her  duties  and  responsibilities  as  an  Assistant
Executive Officer  were  equivalent  to  any  line  officer  and  should  be
credible in that regard.

In further support of the appeal,  applicant  submits  statements  from  the
Brigade Commander and Dean of the School of Medicine.

Applicant’s complete response, with attachments, is at Exhibit G.

_________________________________________________________________

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 an injustice.  In this respect, we note that the applicant  was
commissioned a second lieutenant in the Medical Services Corps  on  14  June
1993 to attend USUHS.  On 1 September 1997, she was directed to duty  as  an
Assistant Executive Officer in the University  Brigade  while  awaiting  the
ruling of a Medical Evaluation Board  (MEB).   On  19 March  1998,  the  MEB
returned her to duty.  She  was  disenrolled  from  USUHS  and  subsequently
transferred to the Line of the Air Force  (LAF)  effective  5  August  1998.
She continued to hold a medical student billet during  this  period.   Since
she did perform duty as  an  Assistant  Executive  Officer,  for  which  she
received a Joint Service Commendation Medal for her contributions to  USUHS,
and in view of the ultimate decision of the MEB to return her  to  duty,  we
believe the interest  of  justice  can  best  be  served  by  adjusting  the
appropriate service dates to the  date  she  was  directed  to  duty  as  an
Assistant Executive Officer; i.e., 1 September  1997.   However,  since  she
was not directed to duty until that date, we find no  basis  upon  which  to
recommend adjustment of her TAFMSD, Pay  date,  and  EAD  date,  to  earlier
dates.  Based on this adjustment of her service dates, she would  have  been
eligible for promotion to second lieutenant effective 1 September  1997,  to
first lieutenant effective 1 September  1999,  and  eligible  for  promotion
consideration to the grade of captain by the  Calendar  Year  2000B  Captain
Central Selection Board.  Therefore, we recommend her records  be  corrected
to the extent indicated below.

4.     We  noted  applicant’s  request  for  direct  promotion  to  captain,
effective 1 September 2001.  However, we believe  that  a  duly  constituted
special selection board applying the complete promotion criteria is  in  the
most advantageous position to render this  vital  determination;  and,  that
its prerogative  to  do  so  should  only  be  usurped  under  extraordinary
circumstances.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.    On 31 August  1997,  she  was  disenrolled  from  the  Uniformed
Services University of the Health Services (USUHS) School of Medicine.

      b.    Effective  1  September  1997,  she  was  transferred  from  the
Medical Service Corps (MSC) to the Line of the Air Force (LAF) in the  grade
of second lieutenant, with a date of rank of 1 September 1997.

      c.    Her Total Active Federal Military  Service  Date,  Total  Active
Federal Commissioned Service Date, pay date, Entry on Active Duty date,  and
date of rank to the grade of second lieutenant are 1 September 1997.

      d.    She was promoted to the grade  of  first  lieutenant,  effective
and with a date of rank of 1 September 1999.

It is further recommended that she be considered for promotion to the  grade
of captain by a Special Selection Board for the Calendar Year 2000B  Captain
Central Selection Board and  any  subsequent  boards  for  which  the  above
corrections were a matter of record.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-03349  in
Executive Session on 9 April 2002, under the provisions of AFI 36-2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Ms. Marilyn Thomas, Member

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

     Exhibit A.  DD Form 149, dated 21 Nov 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPMAF2, dated 26 Dec 01, w/atch.
     Exhibit D.  Letter, AFPC/DPPAO, dated 30 Jan 02, w/atchs.
     Exhibit E.  Letter, AFPC/DPPPO, dated 25 Feb 02.
     Exhibit F.  Letter, SAF/MRBR, dated 1 Mar 02.
     Exhibit G.  Letter, Applicant, undated, w/atchs.




                                  OLGA M. CRERAR
                                  Panel Chair
AFBCMR 01-03349




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:

            a.   On 31 August 1997, she was disenrolled from the Uniformed
Services University of the Health Services (USUHS) School of Medicine.

            b.   Effective 1 September 1997, she was transferred from the
Medical Service Corps (MSC) to the Line of the Air Force (LAF) in the grade
of second lieutenant, with a date of rank of 1 September 1997.

            c.   Her Total Active Federal Military Service Date, Total
Active Federal Commissioned Service Date, pay date, Entry on Active Duty
date, and date of rank to the grade of second lieutenant are 1 September
1997.

            d.   She was promoted to the grade of first lieutenant,
effective and with a date of rank of 1 September 1999.

      It is further directed that she be considered for promotion to the
grade of captain by a Special Selection Board for the Calendar Year 2000B
Captain Central Selection Board and any subsequent boards for which the
above corrections were a matter of record.







JOE G. LINEBERGER

Director

Air Force Review Boards Agency


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