RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00717
            INDEX CODE:  112.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reinstated to the rank of major (0-4).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She, as a prior Army Nurse Corps officer, was commissioned as a  major
on entry in the Air Force.  When she received her initial  orders  she
noticed that she was actually being appointed as a captain (0-3).  She
contends  that  she  was  under  the  impression,  during  the  entire
accession process, that she was  being  appointed  as  a  major.   She
contends that  her  family  is  now  suffering  unnecessary  financial
hardship and that she is worried that because she does not have enough
time in service that she will not be able to compete  effectively  for
promotion to major in the future.

In support of her  appeal,  the  applicant  has  included  a  personal
statement,  a  letter  to  Senator  Santorum,  and  several  documents
pertaining to her accession into the Air Force.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant met an Air Force Nurse Corps  accession  board  in  June
2002.  She was accepted at the grade of major and  took  the  oath  of
office on 30 July 2002.  On 27 August 2002, her recruiter notified her
that  a  computational  error  had  been  made   when   figuring   her
constructive service credit (CSC) and that she would only be  able  to
enter the service as a captain.  She accepted the change and re-oathed
as a captain and entered the Air Force effective 30 August 2002.   The
applicant’s total active  federal  commissioned  service  date  is  30
August 1999, and her total active federal military service date is  21
February 1998.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPAMF2 reviewed this application and recommended denial.   DPAMF2
states that the applicant was aware of the fact that she  would  enter
the service as a captain and in fact re-oathed as such.

DPAMF2’s complete evaluation is at Exhibit B.

AFPC/DPPAOR reviewed this application  for  the  purpose  of  awarding
additional CSC to the applicant to the end that she would then qualify
for an entry grade of major.  DPPAOR recommends denial.

DPPAOR’s evaluation is at Exhibit C.

AFPC/DPPPO  reviewed  this  application  in  order  to  determine  the
applicant’s promotion eligibility.  Based on her date  of  rank  as  a
captain (14 Mar 96), she  is  meeting  the  CY03A  Major  Nurse  Corps
Central Selection Board, which convened on  5  May  2003,  as  an  IPZ
candidate.

DPPPO’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant is concerned that the essence  of  her  application  to  the
Board has not been relayed by  the  summaries  presented  by  the  OPR
evaluations.  She states that she never intended to  dispute  the  Air
Force contention that a mistake was made when determining her CSC.  To
the contrary, she has offered a win/win solution for the Air Force  to
right a wrong: Reinstate her to major after the  six  months  she  was
short of being accessed as a major have passed.  She contends that had
this process taken place in a civilian setting, accepting a job with a
set salary, preparing to move, and then being told that the salary was
actually $600  less  than  originally  offered,  would  be  considered
unethical.  Additionally, she  asserts  that  she  is  at  an  obvious
disadvantage when competing for promotion to major as she  would  meet
her first board only 8 months into her  career  while  other  captains
meeting the board would have had seven or more years  to  prepare  for
the board.  She contends that while she knew she was entering the  Air
Force as a captain, she was not  aware  until  she  reached  her  duty
station how difficult it would be for her to compete for promotion  to
major, under her circumstances.  She notes that  she  has  been  being
paid as a major since she entered active duty and has not been able to
resolve this issue to date.  She contends that she entered active duty
bringing with her the core values of the Air Force of Integrity First,
Service Before Self, and Excellence in all we do.  She  wonders  where
these values were when she was being recruited.  Further,  she  wishes
to be treated fairly and states that she is  not  a  19  year-old  kid
making outlandish claims that her recruiter promised her a ride on the
space shuttle but she is a mature professional with family obligations
that she is having difficulty meeting through no fault of her own.

Applicant’s response is at Exhibit F.

_________________________________________________________________

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 Extended Active Duty (EAD) entry
grade should be changed to major.  It has  been  established  that  an
error  occurred  in  the  original  computation  of  the   applicant’s
Constructive Service Credit (CSC) making her six months shy  of  being
able to accept appointment as a major.  Even though she was aware that
she would enter active duty as  a  captain  instead  of  a  major,  we
believe she felt obligated to go forward regardless.  Because  of  her
financial situation and the fact that she had already taken an oath of
office twice, she  eventually  signed  the  requisite  paperwork.   We
believe there are sufficient mitigating  factors  in  this  appeal  to
warrant awarding the relief requested.  Accordingly, we note  the  Air
Force position, predicated on our granting relief, recommends that the
applicant’s new DOR be 30 August 2002.  We disagree with that position
and believe the applicant’s DOR should be the day she originally  took
the oath to enter the Air Force as a major: 30 July 2002.   Therefore,
we recommend the applicant’s records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a. She was awarded an additional six months Constructive Service
Credit by competent authority.

      b. On 30 July 2002, she entered  extended  active  duty  in  the
grade of major, rather than captain, effective and with a date of rank
of 30 July 2002.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 July 2003, under the  provisions  of  AFI  36-
2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Sharon Seymour, Member


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




    Exhibit A.  DD Form 149, dated 3 Mar 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPAMF2, dated 27 Mar 03.
    Exhibit C.  Letter, AFPC/DPPAOR, dated 11 Apr 03.
    Exhibit D.  Letter, AFPC/DPPPO, dated 5 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit C.  Letter, Applicant Rebuttal, dated 10 Jun 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary



BC-2003-00717




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. She was awarded an additional six months Constructive
Service Credit by competent authority.

            b. On 30 July 2002, she entered extended active duty in
the grade of major, rather than captain, effective and with a date of
rank of 30 July 2002.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency