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AF | BCMR | CY2002 | BC-2002-00173
Original file (BC-2002-00173.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00173
            INDEX NUMBER:  131.00

      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was commissioned  as  a  first
lieutenant vice second lieutenant upon his entry into the Air Force.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was told by his recruiter  that  he  had  enough  experience  to  be
commissioned as a first lieutenant.

Based on the guidance contained in AFI  36-2005,  he  has  enough  work
experience to be commissioned a first lieutenant.

In support of his appeal, the applicant submitted  copies  of  his  Pay
stubs to show the number of hours he has worked as a  Registered  Nurse
compared to the number of hours the Air Force requires for  him  to  be
commissioned as a first lieutenant.  He also provides  a  copy  of  the
letter  advising  him  that  he  would  be  commissioned  as  a   first
lieutenant.

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

_______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 16 April  2001  in  the  grade  of
second lieutenant as a Nurse.  The remaining relevant facts  pertaining
to this case are contained in the evaluation done  by  the  appropriate
office of the Air Force found at Exhibit C.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPMAF2  recommends  denial  of  the   applicant’s   request.    In
accordance  with  AFI  36-2005,  an  individual  achieves   full   time
professional experience by being employed 40 hours per week in  one  or
more places.  Individuals employed 32-39 hours per week and  considered
full time employees must submit a letter from their employer  verifying
they are full time employees.   The  applicant  did  not  provide  this
letter.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responds in his rebuttal  that  the  regulation  used  to
determine the grade he was commissioned in the Air Force adheres  to  a
very narrow definition.  He points out his experience far exceeds  that
of a second lieutenant.  He states that he will be  held  to  a  higher
standard than other second  lieutenant  nurses  because  they  are  not
certified, giving him the responsibility without the commensurate rank.
 He further provides a letter of support from his present supervisor.

The 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.  Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  Based  on  the  documentation
submitted by the applicant, it does appear that he is  a  qualified  and
experienced nurse.   However,  the  majority  of  the  Board  noted  the
applicant failed to provide the letter required by Air Force Instruction
36-2005, Table 2.5, Rule 45 (Note 14) from his former employer verifying
that he was a full time employee.  Regardless  of  the  merits  of  this
policy,  it  is  a  mandatory  requirement  that  anyone  in  a  similar
circumstance must meet.  While it is regrettable that the applicant  was
initially misinformed regarding the constructive service credit he would
receive, he was fully informed when he voluntarily entered  active  duty
as a  second  lieutenant.   Should  the  applicant  provide  the  letter
required by AFI 36-2005, the Board will reconsider his case.  Therefore,
in the absence of evidence to the contrary, the majority  of  the  Board
finds no compelling basis to recommend granting  the  relief  sought  in
this application.

_______________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority  of  the  Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00173  in
Executive Session on 19 March 2002, under the provisions of AFI 36-2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Carolyn B. Willis, Member

By a majority vote, the Board voted to deny  applicant’s  request.   Ms.
Willis voted to grant the applicant’s requests but  did  not  desire  to
submit a  minority  report.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 16 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPMAF2, dated 31 Jan 02.
    Exhibit D.  Letter, SAF/MIBR, dated 15 Feb 02.
    Exhibit E.  Letter, Applicant, dated 13 Mar 02, w/atchs.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXX, XXX-XX-XXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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