RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02979

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His original date of rank (DOR) to captain be restored to 14 June 2002,  the
time he was employed as a physical therapist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was being demoted, period!  He was not,  like  he  had  heard  from  AFPC
essentially given the correct rank or served as a de facto captain.  He  was
demoted!  Wearing the rank for more than a year means something to  him,  as
it should to the USAF.  He is, a dedicated military officer and  just  wants
the right thing to be done.

He does not know why this routine record review occurred.  Why there was  so
much  miscommunication  and  misunderstanding  of  what  would  happen  when
whoever made  this  decision  did.   He  could  sit  there  and  throw  many
questions out there but in the end  he  will  just  end  up  frustrated  and
wanting to yell, why!  Why him!  However, he wants to end this  letter  with
what he does know.  There were several errors made by the USAF and  none  by
one of its, he believes, finest young officers.   Unfortunately  though,  he
is  the  only  one  paying  professionally,  personally,  emotionally,   and
financially.  It is impossible to be compensated for what  he  has  endured.
However, he asks the board to please do the right thing and change  his  DOR
to 14 June 2002.

In  support  of  his  request  applicant  submitted  a  personal  statement,
provided letters  of  support  from  his  commander,  supervisors,  and  co-
workers, letters from AFPC/DPAMW, HQ USAF/SG, AFPC/DPPPOC,  Extended  Active
Duty special orders  #AH-1142and  amendment  special  orders  #AH-0963,  and
emails,

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant came  in  the  Air  Force  as  a  physical  therapist  in  the
Biomedical Sciences Corps (BSC) in May 2002. Upon entry, was given  4  years
service  credit  for  his  Doctorate  in  Physical  Therapy  from  Creighton
University, thus he entered the USAF as a Captain.  In May  2003,  during  a
routine record review, it was noted that actual length  of  the  program  at
Creighton University was 3 years.

On 3 June 2003, the applicant’s extended active duty order was corrected  to
reflect the appropriate credit.  The change  in  credit  affected  his  rank
upon entry to the USAF—he should have come in as a first  lieutenant  not  a
captain.

Applicant was granted a waiver of indebtedness for  any  erroneous  pay  and
allowances received since the error was through no fault of his own.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMM recommended denial and stated that AFI 36-2005, table  2.5,  rule
40 provides information on the amount of service credit that is awarded  for
individuals  appointed  into  the  BSC  career  field.   In  order  for  the
applicant to come in as a captain he would  have  had  to  have  four  years
constructive credit and he  only  had  three.   Unfortunately,  his  service
credit was incorrectly  computed  when  he  was  originally  accessed  as  a
captain.

AFPC/DPAMM complete evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated before  he  begin
to write about why he believes he was singled out he wants  to  make  a  few
case and points about the advisory opinion memo. In  the  facts  section  of
the memo Col G__, dated 2 July 2003, was referenced.  First,  they  reported
Col G__ requested the applicant be granted a waiver for his indebtness  when
a close look at this memo clearly  demonstrates  she  refers  to  him  as  a
captain not a lieutenant.  In addition, in the basis for request section  of
the advisory opinion memo it is reported he wore the rank of captain for  11
months.  His only contact with AFPC was  through  Col  G__  and  as  in  the
previously submitted e-mail correspondence between the Col and he  and  this
memo demonstrates he was a captain  longer  than  11  months.   Technically,
perhaps he was a  lieutenant  however  verbally  he  was  assured  his  rank
wouldn’t change and he  was  notified  that  he  was  anything  else  but  a
captain.  In addition, verbally Col G__ informed him she would  support  his
BCMR to have his DOR reinstated.  Of course this was before he was  actually
forced to take off his captain bars and his squadron commander  Lt  Col  M__
started to call Col G__ to try and find out what happened.   Col  G__  never
attempted to get in touch with him after this point.  He does  know  through
his squadron commander that Col G__ was transferring  and  would  pass  down
this information to her replacement and that they/her office would still  be
supportive   of   his   BCMR.    It   is   his   understanding   that    her
replacement/previous office is the same place the memo of  advisory  opinion
memo originated.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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 an error or injustice warranting.  After a thorough  review  of
the evidence presented, it appears that the applicant  was  miscounseled  by
his recruiter concerning the actual constructive service  credit  and  grade
he would receive in the  Biomedical  Sciences  Corps  (BSC)  as  a  physical
therapist.  To require the  applicant  to  revert  to  the  grade  of  first
lieutenant  would  cause  personal  hardship  to  the  applicant,  based  on
mistakes made by the Air  Force.   Furthermore,  and  more  importantly,  HQ
USAF/SG has  changed  the  policy  to  remain  competitive  with  the  other
services and award service credit consistently, awarding  24  months  for  a
relevant  master’s  degree  and  48  months  for   a   doctorate   effective
immediately.  Based on the above and in an effort to provide  the  applicant
full and fair relief, we recommend his records be corrected  to  the  extent
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 he was awarded one  additional  year
of constructive service credit and was appointed a captain, Reserve  of  the
Air Force (Biomedical Sciences Corps) on 17 May 2002, and  at  the  time  he
was voluntarily ordered to extended active duty  on  24  May  2002,  he  was
awarded a current grade date of rank as a captain of 14 June 2002.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-02979
in Executive Session on 29 October 2003, under the  provisions  of  AFI  36-
2603:

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

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

   Exhibit A.  DD Form 149, dated 15 Sep 03, w/atchs.
   Exhibit B.  Letter, AFPC/DPAMM, dated 15 Sep 03.
   Exhibit C.  Letter, SAF/MRBR, dated 26 Sep 03.
   Exhibit D.  Letter, Applicant, dated 22 Oct 03.




                                   MARILYN THOMAS
                                   Vice Chair

AFBCMR BC-2003-02979




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 he was awarded one
additional year of constructive service credit and was appointed a captain,
Reserve of the Air Force (Biomedical Sciences Corps) on 17 May 2002, and at
the time he was voluntarily ordered to extended active duty on 24 May 2002,
he was awarded a current grade date of rank as a captain of 14 June 2002.




                                           JOE G. LINEBERGER
                                           Director
                                           Air Force Review Boards Agency