RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03908
		INDEX CODE:  131.00
	XXXXXXXXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be retroactively commissioned into the active duty Medical 
Service Corps (MSC) and receive service credit for advanced 
education applied toward her rank.   

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her package was rejected by the Air Force Personnel Center (AFPC) 
because she exceeded the maximum age requirement for the MSC 
program and her application did not contain a copy of her DD Form 
214, or the results of a qualified medical physical.   

In support of her request, applicant submits a personal statement 
with numerous attachments, a copy of her medical history, and a 
copy of AF IMT 102, Inspector General Personal and Fraud, Waste 
and Abuse Complaint Registration.

Applicant’s complete 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 
senior master sergeant.

In February 2006, through a USAF Allied Health Accessions 
recruiter, the applicant began preparing a formal application 
package for the FY 2007 MSC Selection Board, which convened in 
October 2006. 

On 1 August 2006, the applicant signed and mailed her application 
to her recruiter through Federal Express mail. 

In December 2006, the applicant was informed that her package did 
not meet the board because she was ineligible due to her age.

On 3 January 2007, the applicant filed a complaint with the Air 
Force Recruiting Service Inspector General (AFRS/IG), alleging 
inappropriate conduct, misconduct and other irregularities.  

On 10 January 2007, AFRS/IG dismissed her complaint as 
unsubstantiated in accordance with the provisions of Air Force 
Instruction (AFI) 90-301, Inspector General Complaints Resolution, 
Para 2.20. After examining the facts and evidence surrounding the 
situation, the IG found no evidence of wrongdoing on the part of 
the recruiter.

On 19 June 2007, the applicant filed a complaint with the AFRS 
commander. On 27 June 2007, the AFRS vice commander concluded that 
no action by the recruiter on her behalf would have rendered her 
age qualified for commissioning in the Regular Air Force. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMS recommends denial. AFPC manages active duty, USAF 
Academy, and Reserve Officer Training Corps Medical Service Corps 
applicants while the Air Force Reserve, Guard, and civilian 
applicants are processed through the Air Force Recruiting Service 
(AFRS). Therefore, DPAMS defers this issue to AFRS for MSC 
Accession eligibility determination. 

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. The message (122123Z Jan 06, Exhibit 18) stated the 
NDAA increased the age limit for regular appointment so that 
officers who are able to complete 20 years of active commissioned 
service and retire on the 1st day of the month following their 
62nd birthday may be given a regular appointment. At the time the 
applicant applied, she was 46 years of age. Applicant presently is 
still disqualified for commissioning as an MSC officer.  The 
timely receipt of the message (days before the board) is 
unfortunate and not only affected this applicant but others who 
had also submitted packages. 

AFRS/RSOC's complete evaluation is at Exhibit C. 

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were sent to the applicant on 
14 March 2008 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 Medical 
Service Corps (MSC) was erroneous or inequitable. The applicant's 
complete submission was thoroughly reviewed and her contentions 
were duly noted, however, we do not find the applicant’s assertions 
or the documentation submitted in support of her appeal 
sufficiently persuasive to override the rationale provided by the 
Air Force offices of primary responsibility (OPRs). We also note 
that the applicant’s complaint regarding age disqualification was 
investigated by AFRS/IG and her allegation was dismissed because 
there was no evidence of a standard being violated.  In view of the 
above findings, we agree with the comments and recommendations of 
the Air Force OPRs and adopt their rationale as the basis for our 
conclusion that the applicant has not been the victim of an error 
or injustice.  Therefore, in the absence of evidence to the 
contrary, we find no compelling basis to recommend granting the 
relief sought in this application. 

_________________________________________________________________

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 AFBCMR Docket Number 
BC-2007-03908 in Executive Session on 29 July 2008, under the 
provisions of AFI 36-2603:

	 XXXXXXXXXXXXXX, Panel Chair
	 XXXXXXXXXXXXXX, Member
   XXXXXXXXXXXXXXX, Member








The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2007-03908.

   Exhibit A.  DD Form 149, dated 26 Nov 07, w/atchs.
   Exhibit B.  Letter, AFPC/DPAMS, dated 3 Jan 08.
   Exhibit C.  Letter, AFRS/RSOC, dated 7 Mar 08.
   Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 08.




                                   XXXXXXXXXXXXXX
                                   Panel Chair