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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