Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-02111
Original file (BC-2006-02111.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02111
            INDEX CODE:  102.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 APR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her original commissioning as a first lieutenant be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In October 2004, she received acceptance into the Air Force and the  Medical
Service Corps.  Her recruiter  informed  her  that  based  on  her  master’s
degree she would receive a direct commission as  a  first  lieutenant.   Her
decision to accept and join the Air Force was, in  a  large  part  based  on
entering as a first lieutenant and in January 2005 she was  commissioned  as
first lieutenant, as promised.

In May 2005, while  waiting  for  her  permanent  change  of  station  (PCS)
orders, her recruiter notified  her  that  there  was  a  problem  with  her
original commission.  This notification came 14 days prior  to  her  leaving
for  Commissioned  Officer  Training  (COT),  in  Alabama.   The   recruiter
indicated that according to the Air Force Personnel Center  (AFPC),  she  no
longer  met  the  qualifying  criteria  to  be  commissioned  as   a   first
lieutenant.  She was informed that she had to rescind her  commission  as  a
first lieutenant and re-commission as a second lieutenant before AFPC  would
release her orders and allow her to attend COT.

In support of her request, the applicant provided a personal  statement  and
documents extracted from her military personnel records.

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

_________________________________________________________________



STATEMENT OF FACTS:

The applicant is current serving on extended active duty  in  the  grade  of
second lieutenant.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military personnel records,  are  contained  in  the  letter
prepared by the appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMS recommends denial.  DPAMS states the  applicant  was  erroneously
commissioned as a first lieutenant by her  recruiting  squadron  before  the
DPAMS Branch Chief had a chance to review her graduate degree, a  Master  of
Science in Management.  This degree is not listed as one of  the  qualifying
degrees  identified  at  AFI  36-2005,  Chapter  7,   and   Paragraph   7.2.
Accordingly, the Branch Chief examined the  graduate  degree  curriculum  to
determine degree equivalency which requires at least one course in  each  of
the  following  areas:   Accounting,  Economics,  Finance,  Marketing,   and
Statistical Analysis.  The Brach Chief determined the  applicant’s  graduate
degree lacked three of  the  five  required  business  courses  (Accounting,
Economics, and Statistical Analysis) and thus did  not  qualify  her  for  a
Medical Service Corps commission.  As a result of  this  determination,  the
applicant’s undergraduate degree (Computer Information Systems)  was  deemed
her qualifying degree and constructive credit  was  denied.   The  applicant
appealed to AFPC/DPAMS in writing and the Branch Chief upheld  his  previous
decision that her qualifying degree was her  undergraduate  degree  and  she
was not entitled to any constructive credit.  The applicant  then  filed  an
Inspector  General  (IG)  complaint  specifically  naming  three  other  new
accessions who were commissioned in  the  rank  of  first  lieutenant  as  a
supporting argument.  The records of these new accessions were reviewed  and
each demonstrated to contain a qualifying degree or an  “equivalent”  degree
that included all five required business courses.  Accordingly,  HQ  AFPC/IG
held the applicant’s undergraduate degree was the qualifying degree and  she
was not entitled to constructive credit.

The DPAMS complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 August 2006, the evaluation was forwarded to the applicant for  review
and comment within 30 days (Exhibit D).  As of this date,  this  office  has
received no 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting corrective action.   Applicant
was commissioned as a first lieutenant, Reserve  of  the  Air  Force  on  20
January 2005.  Air Force officials subsequently ascertained that  her  grade
upon appointment was erroneously determined by Air Force recruiters and  her
grade was corrected to reflect second lieutenant.  It is clear in this  case
that the error in her appointment was not through fault of the  applicant’s;
but, was made in part  by  a  process  that  provided  verification  of  her
induction data subsequent to, rather than  prior  to  her  appointment.   In
this particular case we do not believe it is appropriate for  the  applicant
to suffer the adverse consequences of what in our opinion appears  to  be  a
procedural inadequacy on part of the Air Force.  Accordingly, the  applicant
has established to our satisfaction that she  has  been  the  victim  of  an
injustice and it is our opinion that her records should 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:

a.  She  was  granted  24  months  of  constructive  service  credit  as  an
exception to policy.

b.  On 20 January 2005, she was appointed as a first lieutenant, Reserve  of
the Air Force, rather than a second lieutenant, Reserve of the Air Force.

c.  On 27 May 2005, she was voluntarily ordered to extended active  duty  in
the grade of first lieutenant.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 21 September 2006, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Mr. Gregory A. Parker, Member


All members voted to correct the records pertaining to AFBCMR Docket  Number
BC-2006-02111  as  recommended.   The  following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 8 Jul 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAMS, dated 25 Jul 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Aug 06.





                       MICHAEL K. GALLOGLY
                       Panel Chair




AFBCMR BC-2006-02111





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 XXXXX, be corrected to show that:

                 a.  She was granted 24 months of constructive service
credit as an exception to policy.

      b.  On 20 January 2005, she was appointed as a first lieutenant,
Reserve of the Air Force, rather than a second lieutenant, Reserve of the
Air Force.

      c.  On 27 May 2005, she was voluntarily ordered to extended active
duty in the grade of first lieutenant.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-01129

    Original file (BC-2005-01129.DOC) Auto-classification: Denied

    She was commissioned a first lieutenant in the Air Force based on constructive service credit (CSC) for her graduate degree in Human Resources. The applicant cites eleven members having degrees in Human Resources that received CSC and were appointed first lieutenants. To ask a service member to re-accomplish an Oath of Office based on errors from the responsible office is an injustice.

  • AF | BCMR | CY2014 | BC 2014 01290

    Original file (BC 2014 01290.txt) Auto-classification: Denied

    The Air Force Personnel Center’s (AFPC’s) clear policy on this rule has been to award service credit to officers for medical school prep courses completed during periods of prior active commissioned service. If AFPC had adopted the JA analysis in 2013, AFPC would never have granted this kind of service credit to anyone. We also do not find the applicant is entitled to additional constructive service credit for “medical school preparation courses.” As noted by AFPC/JA, these courses were...

  • AF | BCMR | CY2014 | BC 2014 02096

    Original file (BC 2014 02096.txt) Auto-classification: Approved

    On 13 Nov 13, the applicant was commissioned in the grade of captain (O-3) in the Reserve of the Air Force. While we note that despite the fact the applicant was led to believe she would be accessed in the grade of captain, her appointment in the grade of first lieutenant was procedurally correct and consistent with the constructive service credit (CSC) policy prescribed in AFI 36-2005, which was the policy in effect at the time of the applicant’s accession once the FY13 CSC policy expired...

  • AF | BCMR | CY2014 | BC 2014 00409

    Original file (BC 2014 00409.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00409 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her date of rank (DOR) to the grade of captain (O-3) be changed from 14 Jan 14 to 30 May 13. Under Reserve Appointment Order D-0719, dated 7 Aug 13, the applicant was appointed to the grade of captain with a date of appointment of 30 May 13, based upon the constructive service credit (CSC) she was awarded at that...

  • AF | BCMR | CY2007 | BC 2007 03908

    Original file (BC 2007 03908.txt) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. AFPC/DPAMS complete evaluation is at Exhibit B. AFRS/RSOC recommends denial and states based on guidance received from the Air Staff and AFPC, there is no evidence 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 Medical Service Corps (MSC) was erroneous or inequitable.

  • AF | BCMR | CY2014 | BC 2014 01434

    Original file (BC 2014 01434.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01434 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: Her entry/commissioning grade be changed to Captain (Capt/O-3) rather than First Lieutenant (1Lt/02). AIR FORCE EVALUATION: AFRS/RSO recommends approval for the Air Force to issue back pay and rank credit to the grade of captain. THE BOARD RECOMMENDS THAT: The pertinent military records of the...

  • AF | BCMR | CY2012 | BC-2012-01441

    Original file (BC-2012-01441.pdf) Auto-classification: Denied

    Upon reentering the military in the BSC, she was initially awarded two full years of credit without specifying which dates were the dates for which she received the educational credit. Per USC Title 10, “A period of time shall be counted only once when computing constructive service credit.” To prevent awarding service credit for the same period of time for her commissioned military service time and time spent earning her MPH degree, DPAFM2 must subtract her two years of educational credit...

  • AF | BCMR | CY2010 | BC-2010-03680

    Original file (BC-2010-03680.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03680 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Therefore, after careful review of the evidence of record and the applicant’s complete submission, including her nursing license, we believe she is entitled to constructive service credit from the time she began working full time, and her date of...

  • ARMY | BCMR | CY2009 | 20090004900

    Original file (20090004900.txt) Auto-classification: Approved

    c. A copy of a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 20 July 2005. d. A copy of her DA Form 71 (Oath of Office-Military Personnel), dated 13 March 2006. e. An NGB Form 337 (Oaths of Office), dated 13 March 2006. f. Orders 126-700, issued by the Joint Forces Headquarters, WIARNG, on 6 May 2006. g. An NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 14 June 2005. h. Copies of NGB Special Orders Number 127 AR, dated...

  • AF | BCMR | CY2002 | 0103301

    Original file (0103301.doc) Auto-classification: Approved

    The applicant states, and we believe, that he based his decision to be commissioned prior to the completion of his master’s degree so he could attain more time in grade. Therefore, the applicant’s records should be corrected to show he was appointed an Air Force officer after he completed his degree requirements and that he should receive the proper service credit based on that change. THOMAS S. MARKIEWICZ VICE CHAIR AFBCMR 01-03301 MEMORANDUM FOR THE CHIEF OF STAFF Having received and...