RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01680
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of captain  (0-3)  be  changed  to
either 5 June 1999 or the date of his original appointment as a Dental
Corps officer.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The computation of his original DOR was not done  in  accordance  with
current DoD policy relating to the accession of Dental Corps  officers
in the Reserve of the Air Force.   He  was  awarded  four  years,  ten
months, and twenty-nine days of constructive service credit  (CSC)  in
accordance with (IAW) Air Force Instruction  (AFI)  36-2005,  CSC  for
Dental Corps Accessions.  Under said AFI he could have been  appointed
as a captain, versus a first lieutenant.  He was promoted  to  captain
on 7 Mar 01 following the identification of a superseding policy  that
had been overlooked.  His grade increased but his DOR was not  changed
retroactively to reflect his original accession date.

IAW Title 10, U.S.C., Section 12207(b)(2) and DoD  Instruction  (DODI)
6000.13, section 6.2.4 (30 Jun 97), entry grade was to be  awarded  to
dentists in the same manner as physicians in response  to  a  critical
shortage of dental  corps  officers.   A  memorandum  from  the  Under
Secretary of Defense  to  the  Secretary  of  the  Air  Force  (SecAF)
outlining and enforcing this policy was transmitted in Jan  2001.   He
was promoted to captain  shortly  after.   He  believes  his  original
appointment should have been as a captain that would have allowed  him
to reach the date of eligibility for position vacancy  (PV)  to  major
after four years of service (5 Jun 03).  His current record  indicates
(in error) that his PV eligibility to major will be 7  Mar  05,  which
happens to be four years from the  date  that  the  error  in  service
credit calculation was identified.  This problem places him behind  in
the normal promotion cycle by  two  years,  as  if  his  promotion  to
captain had never happened.  He believes the award of service time and
CSC was arbitrary and random and not in compliance with DoD policy and
directives.  He wishes his service record be corrected to reflect that
his DOR to captain  was  5  Jun  99,  or  the  date  of  his  original
appointment.

In support of his appeal, applicant has provided a personal statement,
copies of Report on Individual Personnel (RIP) from the personnel data
system, a memo from SecAF to USAF granting authority for  services  to
appoint in the grade of captain, for Reserve  Component  Dentists,  an
excerpt from AFI 36-2005, Chapter 2, Determining Service  Credit,  and
DoDI 6000.13.

His appeal, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was approved for appointment on 27 April 1999, and appointed
effective 5 Jun 1999.  He was awarded two years, ten months and twenty-
nine days of CSC the amount of which enabled him to be appointed as  a
first lieutenant.  In  a  19  Jan  01  memo,  entitled  Authority  for
Services to Entry-Grade of Captain for  Reserve  Component  Dentists,”
USAF changed the entry-grade requirements allowing  accessions  to  be
appointed as captains.

He was promoted to the grade of captain effective and with a DOR of 11
Apr 01.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends  denial.   DPPI  states  that  the  applicant  was
appointed IAW AFI 36-2005, Table 2.1 that states “…applicants with  at
least two years, but less than  seven  years  of  service  credit  are
eligible for appointment in the grade of first lieutenant.”  As  such,
applicant was appointed as a  first  lieutenant  on  5  Jun  99.   The
subject policy memorandum giving the services the authority to appoint
in the higher grade of captain was dated 19 Jan 01 and was effectively
immediately at that time.  The ANG began appointing  dentists  in  the
initial grade of captain.  The subject memorandum became effective one
year and seven months after the applicant was appointed and  therefore
does not apply.

ANG/DPPI’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant offers the following observations,  regarding  the  ANG/DPPI
advisory, in an attempt to help clarify  any  misunderstandings.   The
subject memorandum authorizing the services the authority to grant CSC
in such an amount as shall result in the grade of  such  person  being
captain  was  completed  largely  due  to  his  own  efforts,  through
correspondence with the OSD.  Lobbying through  the  Reserve  Officers
Association led to the re-evaluation of  the  status  of  himself  and
others in the same situation, in an attempt to correct any recruitment
and retention issues relating to unequal treatment of  Reserve  versus
active duty dental officers.  He was promoted to captain  effective  7
Mar 01, without having met a board and in advance of what  would  have
been his normal promotion cycle.  He believes the promotion was due to
the subject policy memo but he has no idea how the promotion date  was
arrived at.  He questions the reasoning behind choosing the  7 Mar  01
date for promotion as it seems completely  unrelated  to  his  service
history, time in grade (TIG) and training.  He suspects  this  was  an
arbitrary  assignment  of  a  date  corresponding  to  the   timeframe
necessary to do the necessary paperwork to increase his rank and  send
it through proper channels (in response to the policy  memo)  and,  he
believes this to be unjust.

He believes it obvious (regarding being promoted out of cycle  and  so
soon after the policy memo became effective), that a policy error  was
identified and someone was attempting to correct it by taking specific
promotion action at that time.  The policy memo clearly states,  “This
provision is in effect due  to  the  continued  critical  shortage  of
qualified dental officers to fill  authorized  active  status  Reserve
component dentist positions in the grade below 04.”  He questions why,
after the admission of the shortage of dental officers at the time  of
his original appointment, the policy was not  being  enforced  at  his
appointment.  He suspects the policy was, indeed, in effect,  but  not
being followed by the Air Force for reasons not yet understood.

As is his original contention, his rank increased, but his DOR has not
been backdated to reflect his original appointment date.   Until  this
is done, he will continue to endure the humiliation of  seeing  Dental
Corps officers with less experience and military service promoted over
him.  He notes that this, and all the other  correspondence  generated
by this issue,  will  be  forwarded  to  his  elected  representative,
Senator Larry Craig (R - ID).

The applicant’s complete rebuttal, 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  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
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.  The memorandum from  the  Under  Secretary  of
Defense to the Secretary of the  Air  Force,  dated  1  January  2001,
implementing the policy of appointing 0-3 (Captain) entry-level grades
for Reserve component dentists was effective 1 January 2001 and  there
were no grandfather  provisions  to  include  those  appointed  at  an
earlier date.  The applicant was appointed a 1st Lieutenant in the ANG
on 5 June 1999, one year and seven months prior to the effective  date
of the memorandum.  With respect  to  the  applicant's  out  of  cycle
promotion, the evidence of record shows he was eligible for  promotion
to captain, by virtue of his CSC, immediately on  appointment  in  the
ANG on 5 June 1999.  However, ANG policy requires appointees to  serve
for one year, have one Officer Performance Report (OPR), and one  good
year of service (50 points), prior  to  any  promotion  consideration.
Consequently, he was eligible for promotion to captain on 5 June 2000.
 However, a delay or oversight in his recommendation for promotion  to
captain  resulted  in  a  later  promotion  date  of  11  April  2001.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling 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 AFBCMR Docket Number BC-
2003-01680  in  Executive  Session  on  29  October  2003,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn Thomas, Vice Chair
      Ms. Cheryl Jacobson, Member
      Mr. Albert F. Lowas, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 22 Aug 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Sep 03.
    Exhibit E.  Letter, Applicant, dated 15 Sep 03, w/atchs.




                                   MARILYN THOMAS
                                   Vice Chair