RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02528
            INDEX NUMBER:  135.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank be restored to the grade of captain (0-3).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His recruiter verbally advised him he had been accepted into the  Air
Force Medical Service Corps and would retain the grade of 0-3,  which
he had held in the US Navy.

He signed  the  AETC  Form  1431,  “Medical  Service  Grade  and  Pay
Computation Worksheet (Estimated)” on 7 May 2003.  The form stated in
item 12, Remarks, that he held status as an 0-3 in the  US  Navy  and
would be ordered to active duty in that grade.   Computation  of  pay
credit was not required.

He was appointed a captain with the Air Force Medical  Service  Corps
on 15 Jan 04.  He was notified sometime between 20 and     23 Jan  04
his active duty orders were on hold because of a mistake made in  his
service  grade  and  pay  computation  and  that  based  on  the  new
computations he would be reduced to the grade of 0-2.

Although there was an error in the computation  of  his  constructive
service credit, he had already been commissioned as an 0-3.  He  also
made his commitment to the Air Force based on the fact he would  keep
his grade from his Naval service.  He separated from the Navy  before
the Air Force notified him he would not retain his grade of 0-3.  The
error on the part of the Air  Force  prevented  him  from  making  an
informed and conscious decision such as remaining with  the  Navy  or
pursuing other options.

The loss of grade has resulted in a loss of pay and caused a hardship
to he and his family.

He never signed the documents showing he would be commissioned in the
grade of first lieutenant and the documents show he was  commissioned
as a first lieutenant on the  same  day  he  was  commissioned  as  a
captain.  He was not advised of the error in his grade until after 15
Jan 04, so it would not have been possible for him to be commissioned
as a first lieutenant on    15 Jan 04.

In support of his appeal, applicant provides copies of the  documents
associated with his transfer from the Navy to the Air Force.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty  in  the  grade  of
first lieutenant (0-2).  The applicant served in the US Navy  from  2
Oct 97 to 17 Jun 99 as an enlisted member.  He was commissioned as an
officer in 1999 and served as an officer from 18 Jun 99 to 14 Jan 04,
achieving the grade of 0-3.  In  the  Navy  the  applicant’s  primary
specialties were supply logistics officer, staff supply officer,  and
material division officer.  In Feb  03,  the  applicant  applied  for
release from the US Navy to be appointed an officer in the Air Force.
 His release was approved and he was subsequently accepted  into  the
Air Force Medical Service Corps.  Based on the AF Form 133, “Oath  of
Office,” furnished by the applicant, he was appointed a captain (0-3)
in the Medical Service Corps  on  15  Jan  04.   The  applicant  also
provided another copy of the AF Form 133 he claims  he  never  signed
showing his appointment as a first lieutenant (0-2) on   15 Jan 04.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2  recommends  denial  of  the  applicant’s  request.   The
applicant states that  he  received  the  AETC  Form  1431,  “Medical
Service Grade and Pay Computation Worksheet  (Estimated)”  on      18
Nov 03, which stated he had 6 years, 10 months, and 16 days of  basic
pay credit and would be appointed in the grade of 0-3 (captain)  with
estimated monthly pay and allowance of  $5,469.33.   In  Jan  04,  he
states he was notified there was a  mistake  on  his  pay  and  grade
computation indicated on the AETC Form 1431 and he would actually  be
appointed in the grade of 0-2 (first lieutenant).  However, the  AETC
Form 1431 reads  in  item  13,  “Signature  on  this  form  does  not
constitute a contract.  This form only  serves  as  an  estimate  for
grade, pay and allowances for applicant.  Final  computations,  which
may differ, are performed by Headquarters AFPC….”   When  AFPC/DPAMF2
computed the applicant’s constructive service credit, it came out  to
3 years, 3 months, and 14 days with an entry grade of 0-2.

Although the recruiters are responsible  for  the  errors  made,  the
applicant was never entitled to the grade of 0-3.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, applicant  indicates  he
believes  some  of  the  more  pertinent  points  in   his   original
application were  disregarded.   He  provides  another  copy  of  the
statements he submitted with  the  areas  he  feels  were  overlooked
highlighted.  Applicant states, contrary to AFPC/DPAMF2’s  assertion,
there was a contractual agreement created when  he  was  commissioned
[sic] as a captain on 15 Jan 04 and not given an opportunity to  make
a conscious decision to stay in the US Navy as an 0-3.  The applicant
questions why his constructive service  credit  wasn’t  computed  and
presented to him before he separated from the Navy on 14 Jan  04  and
commissioned as a captain on     15 Jan 04.  He also opines that  the
oath of office he took, dated  15  Jan  04,  was  a  legally  binding
contract, which trumps all other contracts or  estimates.   Applicant
further points out there are documents showing he was appointed as  a
captain on 15 Jan 04 and as a first lieutenant on 15 Jan 04, although
the documents showing his appointment as an 0-2 were  falsified.   He
questions how this is possible.

Applicant’s complete response, 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.  Sufficient relevant evidence has been  presented  to  demonstrate
the existence of error or injustice.  After  reviewing  the  complete
evidence of record, we believe errors were made  that  constitute  an
injustice to the applicant.  While we note the AETC Form 1431  signed
by the applicant clearly states in block 13 it is not a contract  and
only “an estimate for grade, pay, and allowances,” we  are  concerned
the  Air  Force  representative  placed  a  statement  in  block  12,
“Remarks,” that computation of pay credit would not be required.   We
find it reasonable the applicant may  have  believed  this  statement
counteracted the statement in block 13.  More disturbing, however, is
that notification to the  applicant  he  would  not  be  appointed  a
captain (0-3) in the Air Force  was  made  after  he  was  appointed.
While we cannot verify  the  applicant  would  have  turned  down  an
appointment in the Air Force if he had known in advance he would only
be appointed in the grade of first lieutenant (0-2), we  believe  the
actions to deny him an  opportunity  to  make  a  conscious  decision
constituted both an error and injustice.   Further,  it  appears  the
errant actions of the Air Force were compounded by actions to  amend,
without the applicant’s knowledge, the form appointing him a  captain
(0-3) to reflect his appointment as a first lieutenant.  Based on the
total circumstances of this case,  we  believe  in  the  interest  of
equity and justice, the applicant’s records should  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 on 15  January  2004
he was appointed a captain (O-3), Reserve of the Air  Force,  Medical
Service Corps, vice first lieutenant (O-2).

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2004-
02528 in Executive Session on 19 October 2004, under  the  provisions
of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Mr. Terry L. Scott, Member
      Ms. Cheryl V. Jacobson, Member

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

     Exhibit A.  DD Form 149, dated 11 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAMF2, dated 31 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
     Exhibit E.  Memorandum, Applicant, dated 20 Sep 04, w/atchs.




                                   RITA S. LOONEY
                                   Panel Chair

AFBCMR BC-2004-02528


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 XXXXXXX, XXXXXXX, be corrected to show that on 15
January 2004 he was appointed a captain (O-3), Reserve of the Air
Force, Medical Service Corps, vice first lieutenant (O-2).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency