RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03415
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be commissioned into the Air Force Reserve Medical Service Corps (MSC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In October 2000, he spoke with a Reserve Medical Recruiter concerning a
commission as an MSC. He was informed he would need an additional five
classes in one of the fields outlined in the policy letter. In December
2000, he was accepted for a position with a Reserve Medical Squadron at
Portland Oregon. In April 2001, he received a letter of denial stating he
did not have the correct undergraduate or graduate degree. He did not
understand since he had complied with the education instruction that he was
given. He later was informed that he was denied a commission not on the
basis of an improper degree, but rather than the classes he submitted were
not acceptable. Although the news was disappointing, he took the necessary
classes to fulfill the education requirements. However, after checking
with some units and talking with the medical recruiter, he was informed
that all commissioning in the MSC field had been frozen.
He would like the Board to consider his circumstances and the supporting
documents. The policy letters were lacking pertinent information. He lost
the slot in Portland since so much time had elapsed and finally upon
meeting education requirements, he was informed all commissioning in the
MSC field had been frozen. He would like to be granted permission to be
commissioned and assigned as an overage if he is unable to find a vacancy.
In support of his request, applicant submits a personal statement, a copy
of the Educational Requirements for Appointments as a Medical Service
Officer (MSC) in the Air Force Reserve dated 20 May 1999, 30 November 2000
and 4 June 2001; a copy of his denial letter and copy of his Congressional
letter. The applicant’s submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database (MilPDS) indicates the applicant, an Air
Force Reserve member, is currently serving in the grade of master sergeant
with a date of rank and effective date of 1 September 1999. As of 2 March
2005, applicant has been credited with 21 years and 11 days of satisfactory
service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPZ recommends the application be denied. DPZ states that given the
Air Force Reserve Medical Service Corps is currently manned in excess of
100 percent; a conscious decision by the USAFR senior leadership is to not
commission any MSC officers until such time as there are valid vacancies to
support such action. DPZ further states that there are ongoing efforts
within the command to work toward opening the commissioning of MSCs within
the next year or so. At that time, the applicant as well as all other
qualified candidates will be able to make application for commissioning as
a MSC officer. However, AFRC/DPZ states that if the decision is to grant
the relief requested, the records should be corrected to show that the
applicant was commissioned as an MSC officer and authorized to be assigned
as an overage to an Air Force Reserve medical organization. The AFRC/DPZ
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 January 2005, a copy of the Air Force evaluation was sent to the
applicant for review and comment. As of this date, this office has not
received a response.
_________________________________________________________________
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. Evidence has not been provided which
would lead us to believe that the denial of the applicant’s application
for a commission in the Air Force Reserve Medical Service Corps (MSC) was
erroneous or inequitable. We noted the applicant’s assertions that the
lack of pertinent information on the policy letters and the time required
to finally meet the educational requirements for his commission into the
MSC were factors that led to his inability to procure a commission.
However, we have seen no evidence indicating that the denial of his
application for entry into the Air Force Reserve MSC Corps was contrary to
the provisions of the governing Air Force regulation or that he was
treated differently than similarly situated applicants. After reviewing
the evidence provided, we agree with the Air Force Reserve assessment
concerning this matter and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Other than his own assertions, the applicant has provided no
persuasive evidence indicating his substantial rights were violated, the
deciding authorities abused their discretionary authority, or the decision
to deny his request was based on factors other than the best interests of
the Air Force. Accordingly, the applicant’s request is not favorably
considered.
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 involved. Therefore, 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 probable 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 this application in Executive
Session on 9 March 2005, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Ann-Cecile M. McDermott, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-03415.
Exhibit A. DD Form 149, dated 14 Oct 04, w/atchs.
Exhibit B. Letter, AFRC/DPZ, dated 24 Jan 05.
Exhibit C. Letter, SAF/MRBR, dated 28 Jan 05.
KATHLEEN F. GRAHAM
Panel Chair
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