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AF | BCMR | CY2003 | BC-2003-00890
Original file (BC-2003-00890.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00890
            INDEX CODE:  129.01

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given constructive credit for the work he  accomplished  on  his
PHD.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded constructive credit  for  his  PHD  in  molecular
nutrition.  He states that this area of study has a direct link to the
field of pathology and  subsequently  his  job  responsibilities.   He
believes that had he known that he  could  have  submitted  statements
prior to his commissioning, requesting entry in  a  higher  grade,  it
would have  been  granted.   Applicant  feels  he  qualifies  for  the
constructive credit  under  the  guidelines  specified  in  Air  Force
Instruction (AFI) 36-2005, Table 2.7, Rule 26.

In support of his appeal, applicant has provided a  copy  of  AFI  36-
2005, two personal statements,  and  a  letter  of  support  from  his
commander.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 11 October  2002  as  a
Captain (0-3) as a result of receiving  constructive  credit  for  his
education.  He is currently a staff pathologist at  the  --th  Medical
Group, Andrews AFB, MD.  He is serving in the grade of Captain and has
a date of separation (DOS) of 12 November 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAME reviewed this application  and  recommends  denial.   DPAME
states that not all PhD’s are  appropriate  for  constructive  credit.
DPAME notes AFI 36-2005, Table 2.7, Rule 26 and admits  that  it  does
provide some latitude  on  a  case-by-case  basis  for  the  award  of
constructive credit but is clear that in order  for  education  to  be
creditable it must add adjunctive skills to the primary specialty  and
must contribute directly to performance in the specialty in which  the
applicant is appointed.  In the initial review of the application  for
constructive credit, the application was judged  as  not  contributing
directly to the performance of a pathologist and that it  was  unclear
as to whether  or  not  the  degree  added  adjunctive  skills  for  a
pathologist.  The original application was awarded constructive credit
that allowed the applicant  to  enter  the  Regular  Air  Force  as  a
Captain, but did not then, nor does it now, rise to the level required
to award constructive credit that would’ve allowed  the  applicant  to
enter active duty as a major.

DPAME’s complete evaluation, with attachments, is at Exhibit B.

AFPC/DPPAOR reviewed this application and  defers  to  the  AFPC/DPAME
evaluation.  DPPAOR’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
23 May 2003 for review and comment within 30 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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
offices of primary responsibility, in  particular  the  advisory  from
AFPC/DPAME which indicated that the applicant was awarded constructive
credit that allowed him to enter the Air Force as a captain, but  that
the degree in question did not meet the  requirements  for  additional
constructive service credit to allow him to enter  active  duty  as  a
major.  Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue(s) involved.   Hence,
the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-00890 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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Feb 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPAME, dated 8 Apr 03, w/atchs.
    Exhibit C.  Letter, AFPC/DPPAOR, dated 1 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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