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AF | BCMR | CY2004 | BC-2003-03930
Original file (BC-2003-03930.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03930
            INDEX CODE:  112.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to captain be adjusted  to  one  year  prior  to  his
current effective DOR of 21 May 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He entered the Air Force as a first  lieutenant,  accessing  at  this  grade
with three years of professional credit.  His  official  length  of  program
letter specifies that his doctoral degree  required  nine  semesters,  which
equals four professional years of school,  requiring  128  credit  hours  to
graduate in this program.  However, this is an accelerated doctoral  program
and is completed in only three calendar years.  When he first applied for  a
position as an Air Force Physical Therapist, his recruiter  fought  for  his
accession as  captain,  believing  the  rank  should  reflect  the  doctoral
degree.  He was told the determination of his accession as first  lieutenant
was based on the information that the program was three  calendar  years  in
length.   However,  the  nine  semesters  of  doctoral   school   were   not
abbreviated  in  any  way,  but  rather  the  semesters  occurred  over   36
consecutive months, with no time  off  in  between.   It  has  come  to  his
attention there is new  guidance  regarding  grade  credit  for  individuals
entering the Air Force.  It indicates a doctoral degree  is  to  be  awarded
four years  of  professional  credit.   This  guidance  recognizes  doctoral
graduates who have  attended  four  professional  years  of  education,  yet
receive three professional years of credit.

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

_________________________________________________________________




STATEMENT OF FACTS:

The applicant entered extended active duty as a physical  therapist  in  the
Biomedical Sciences Corps (BSC) on 19 May 2001.  Upon entry,  he  was  given
three years’ service credit for  his  Doctorate  in  Physical  Therapy  from
Creighton University, thus he entered the Air Force as a  first  lieutenant.
He is currently serving in the grade of captain effective and with a DOR  of
21 May 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF recommended denial.  They indicated in November  2001,  during  a
records review, it was noted the actual length of the program  at  Creighton
University was three  years  (eight  semesters)  but  was  essentially  four
academic (professional) years of work.  Since the length of the program  was
three years, the applicant’s constructive service credit  equates  to  three
years.  In accordance with AFI 36-2005, dated 1 May 1998,  Table  2.5,  Rule
40, the applicant should have received “1 Year for each school year  not  to
exceed (24 months for a  master’s  degree  or)  48  months  for  a  doctoral
degree.  Since the actual length of program is three years, this equates  to
three years constructive  service  credit.”   The  applicant’s  constructive
service credit was awarded appropriately at three years.

The evaluation is at Exhibit C.

AFPC/DPPPO has no recommendation.  They indicate the applicant’s case is  an
accession issue and if approved, the applicant will be  eligible  for  major
in CY06.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated Lieutenant  General  T’s
memorandum,  dated  3  June  2003  recognizes  the  current  DOD  policy  is
outdated, and according to DODD 6000.12,  paragraph  4.1.1,  “the  award  of
service credit” to health professions officers shall be, “uniformly  applied
throughout the Military Departments.”  Both Army and Navy  award  24  months
credit for a master’s degree and 48 months for  a  doctorate  regardless  of
the length of program, and later in the same paragraph, asserts the need  to
“remain competitive with the other services and  award  constructive  credit
consistently,” resulting  in  his  policy  for  awarding  48  months  for  a
doctoral degree, regardless  of  length.   Please  consider  also  that  his
doctoral coursework was shorter only in  the  sense  that  he  received  his
degree earlier.  The credit hours earned and time spent in class was  in  no
way lessened compared to other doctoral programs,  the  only  difference  is
that his doctoral program does not recess for the summer months.

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 an  error  or  injustice  warranting  the  applicant’s  DOR  to
captain be adjusted.  Notwithstanding the fact that the  applicant’s  plight
was caused by correct application of the policy, in effect at  the  time  he
entered active duty, the Board agrees with the applicant that  he  is  being
penalized for completing his education program earlier than 48  months.   We
find it troubling that, had the  applicant  taken  the  full  48  months  to
complete his program, he would have entered active duty as a captain with  a
DOR of 21 May 2001.  We note the USAF/SG has changed the  policy  pertaining
to constructive service credit in  order  to  remain  competitive  with  the
other services and award service credit consistently.  In this  respect,  24
months will be awarded 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 8 May 2001, and at the time he  was
voluntarily ordered to extended active duty on 19 May 2001, he  was  awarded
a current grade date of rank as a captain of 21 May 2001.

_________________________________________________________________








The following members of the Board considered AFBCMR Docket Number  BC-2003-
03930 in Executive Session on 24 February 2004, under the provisions of  AFI
36-2603:

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

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

   Exhibit A.  DD Form 149, dated 19 November 2003 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAMF, dated 16 December 2003.
   Exhibit D.  Letter, AFPC/DPPPO, dated 16 January 2004.
   Exhibit E.  Letter, SAF/MRBR, dated 30 January 2004.
   Exhibit F.  Letter, Applicant, dated 12 February 2004.




                                MARILYN THOMAS
                                Panel Chair



AFBCMR BC-2003-03930





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   , 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 8 May 2001, and at the time he
was voluntarily ordered to extended active duty on 19 May 2001, he was
awarded a current grade date of rank as a captain of 21 May 2001.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




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