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AF | BCMR | CY2002 | 0200112
Original file (0200112.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00112
            INDEX CODE:102.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) be adjusted to reflect  constructive  service  credit
for time he was employed as a registered nurse.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he applied for his commission, he  worked  part-time  for  Stat-
Resource.  However, during the period of 1  Apr  98  through  9 Sep  98,  he
worked full-time as a contract nurse.

In support of his request  applicant  provided  a  letter  from  his  former
employer and a  copy  of  his  1998  W-2.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  on  1 Mar  01,
applicant was appointed a first lieutenant, Reserve of the Air Force with  a
DOR of 7 Nov 00 and an effective date of 1 Mar 01.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed applicant's request and recommends denial.  DPB  states
when he was appointed, he did not  claim  full-time  employment  during  the
time  period  in  question.   A  review  of   his   original   commissioning
application reflects constructive service credit was accurately  awarded  at
the time of his appointment based on the information he  provided.   In  his
original application he stated he worked full-time as a nurse from 1 Jan  95
through 1 Apr 98, and from 9 Sep 98 to the  date  of  his  application.   He
also stated throughout the entire period covered, he  worked  part-time  for
six other companies.  He was awarded constructive  service  credit  for  all
full-time nursing experience from the date of  initial  license  (5 Feb  96)
through the date of appointment.   AFI  36-2005,  states  "Without  specific
congressional direction, appointing authorities  cannot  apply  constructive
credit or service credit entitlements (grandfathering) retroactively  and  a
member cannot terminate his or her appointment and request reappointment  in
order to take advantage  of  changes  to  constructive  credit  rules."   He
cannot  now  request  reassessment  of  his  original  constructive  service
credit.

The DPB evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 23 Jul 03, for review and response within 15 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 error or injustice.   Evidence  has  not  been  provided  which
would lead us to believe that  the  rules  of  the  applicable  regulations,
which implement the law, were inappropriately applied or that he was  denied
rights to which he was entitled.  We took note that he has  not  provided  a
substantive explanation as to why he did  not  include  the  requested  work
experience in his original commissioning application.  Therefore,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
the absence of persuasive evidence to the contrary,  we  find  no  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-00112  in
Executive Session on 3 Sep 02, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jan 02, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 1 Jul 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 23 Jul 02.




                                   JOHN L. ROBUCK
                                   Panel Chair

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