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AF | BCMR | CY2007 | BC-2006 -02424
Original file (BC-2006 -02424.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02424
                                             INDEX CODE:  102.02
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 February 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect an entry grade to active duty on 7  July
1997 as major, rank of lieutenant colonel effective 19 April 2001  based  on
Constructive Service Credit (CSC), and correction  of  appropriate  monetary
entitlements.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he entered active duty, he had 13 years private practice in  Dentistry.
 AFI 36-2005, Table 2.4, Rule 6, awards ½ year for each year  of  experience
up to a maximum  of  three  years  (this  would  utilize  six  years).   The
remaining seven years should fall under AFI 36-2005, Table 2.4, Rule  7,  as
a critical and urgent field.

In support of his appeal, he has submitted copies  of  his  State  Board  of
Dental  Examiners  (Board  Certification),  dated  20 June  1984,  and   his
University School of Dentistry Diploma, dated 13 May 1984.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant received his degree of Doctor of Dental Surgery  on  13 May  1984.
He was appointed as a  captain  in  the  United  States  Air  Force  Reserve
(USAFR) Dental Corps on 19  April  1997,  and  was  awarded  a  Total  Years
Service Date (TYSD) of 19 April 1990.  He entered active duty in  the  grade
of captain on 7 July 1997, and served 11 months and two  days  as  a  Dental
Officer  before  being   voluntarily   released   from   active   duty   for
miscellaneous/general reasons on 8 June 1998.  He was promoted to the  grade
of major, effective and with date of rank of 1 July 2002.  He  is  currently
serving as the Chief of Dental Services at XXXXX AFB.  As of 18 April  2006,
he has completed nine satisfactory years towards a reserve retirement

AFI  36-2005,  dated  15  August  1994,  Table  2.4,  (Service   Credit   On
Appointment  as  a  Medical  or  Dental  Officer),  Rule  1,  stated  if  an
individual had successfully completed an MD, DO, DDS, or  DMD  degree,  then
the amount of service credit awarded is four years.  Rule 6 stated  that  if
an individual had successfully completed full time experience as  a  dentist
after graduation from dental school in  an  environment  usually  associated
with high professional standards, the amount of service credit awarded is  ½
year for each year of experience, up to a maximum of three  years.   Rule  7
stated  if  an  individual  had  successfully  completed   unusual   special
experience, then the amount of service credit awarded is  1  year  for  each
year.  Note 6 stated that the credit for Rule 7 could only be awarded for  a
specialty designated as critical or urgent.

AFI 36-2005, dated 15 August 1994, Table 2.1,  (Grade  Determination),  Rule
4, stated to  be  eligible  for  appointment  in  the  grade  of  major,  an
applicant’s service credit awarded must be at least 14  years.   Table  2.1,
Rule 3, stated to be eligible for appointment in the grade  of  captain,  an
applicant’s service credit awarded must be at least seven years.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends denial.  They referenced and furnished a  copy  of  a
HQ USAF/SG letter, FY97 Additional Constructive  Service  Credit  (CSC)  for
Certain Health Professionals, dated 31 October  1996,  which  addressed  the
awarding of additional CSC for special experience  in  specialties  urgently
needed by the Air  Force.   Paragraph  “a”  authorized  additional  CSC  for
“Orthodontists and all  physicians  except  general  practice  non-residency
trained aerospace medicine.  Combined CSC from all sources shall be  limited
to 13 years.”  Applicant was accessed to the active Air Force as  a  General
Dentist, AFSC 47G3, not as an Orthodontist

The AFPC/DPAMF2 evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  20
April 2007, for review and comment, within 30 days.
However, as of this date, no response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an  error  or  injustice.   At  the
time of applicant’s appointment in the  active  Air  Force,  the  policy  in
effect that addressed the awarding of additional CSC for special  experience
in specialties urgently needed by the  Air  Force  specified  Orthodontists.
Applicant was accessed as a General Dentist, AFSC 47G3, rather  than  as  an
Orthodontist.  Additionally, the policy  specified  combined  CSC  from  all
sources would be limited to 13 years, and 14  years  CSC  is  necessary  for
appointment in the grade of major.  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 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  Docket  Number  BC-2006-02424
in Executive Session on 13 June 2007, under the provisions of AFI 36-2603:

                       Mr. Michael V. Barbino, Panel Chair
                       Ms. Renee M. Collier, Member
                       Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 12 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Apr 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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